The purpose of this chapter is to provide practical information and guidelines for the homicide investigator to follow when confronted with additional responsibilities and specific duties at the scene. A section on handling buried-body cases has been included, which may prove useful as a general guide for the investigation of this unique type of scene. The following subjects will be dealt with in this chapter:
The suspect in custody
Interview and interrogation of the suspect at the scene
Examination of a suspect for evidence
Evaluation of the suspect's demeanor and mental capacity
Obtaining a dying declaration
Handling buried-body cases
The chapter concludes with an investigative checklist, which can be used by the homicide investigator and detective supervisor to check and review their actions at the scene systematically. Actually, I recommend that the investigator use the Practical Homicide Investigation Checklist and Field Guide,1 which is a laminated set of checklists from the Practical Homicide Investigation textbook designed to provide direction and protocol during the various stages of the initial investigation. It also contains an appendix instructing the detective about exactly how to retrieve and handle evidence in the field as well as maintain chain of custody.
The Suspect in Custody
When the suspect has been taken into custody by patrol officers, the immediate responsibility of the detectives or homicide investigators should be the following:
1. Ensure that the suspect has been removed from, or is not allowed to enter, the primary crime scene. The isolation of the suspect is necessary in order to prevent scene contamination or destruction of evidence.
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2. Interview the arresting officers, out of the hearing of the suspect, in order to determine the scope of their initial investigation, the location of any physical evidence, and the probable cause for the arrest of the suspect, including any statements made by the suspect or witnesses.
3. Instruct these officers, upon completion of this preliminary interview, to document in writing their observations and activities at the scene, including any overheard comments or statements made by the suspect, as well as any information provided by witnesses or informants.
4. Ascertain whether the suspect has been given his or her Miranda warnings by the patrol officers, to assure the admissibility of any culpable statements made to these officers.
Interview and Interrogation of the Suspect in Custody
Upon their arrival, the investigators take charge of the investigation and are responsible for the interrogation of the suspect. Prior to any interview or interrogation, the detective must again advise the suspect of the constitutional rights as specified under the Miranda ruling. The detective should make note of having given this Miranda warning to the suspect in his or her notebook, indicating the time, date, location, and presence of any witnesses including counsel.
It may be advantageous to conduct a preliminary interrogation of the suspect while he or she is still at the scene. This questioning is usually directed toward the recovery of any weapons or other evidence and is used to gauge the scope of the search. The actual formal interrogation, however, should take place later at the police station, where conditions are more favorable. Furthermore, the investigator will have been able by then to complete the preliminary investigation and will have the advantage of information and observations from the scene.
In some instances, the suspect may insist on confessing or telling his or her story immediately. If the suspect is quite talkative or wishes to make a statement to investigators at the scene, do not delay the interview.
Practically speaking, any statement from a suspect is crucial to the investigation. Although the initial statement may be self-serving, a little less than truthful, or even a complete falsehood, this declaration by the suspect is a valuable piece of evidence, which may later be presented in court. If the investigator delays or postpones taking an official statement until "all the facts" have been gathered, the suspect may change his or her mind about making a statement or request an attorney, and this valuable evidence will be lost forever.
Under circumstances where the suspect wishes to make a statement, the investigator should
Immediately advise the suspect of his or her constitutional rights under the Miranda ruling, utilizing a "rights card" or Miranda form.
Make sure that the suspect understands these rights by requesting a response.
Obtain an intelligent waiver of these rights from the suspect (preferably the suspect's signature on the Miranda form).
Allow the suspect to make a complete statement.
Take notes, reduce the statement to writing, and have the suspect sign it.
The importance of documentation, especially in custodial interrogation situations, cannot be overemphasized. This is the reason I strongly recommend that the Miranda warnings be given from a rights card and that the particular card used be preserved as evidence. In addition, persons who are given Miranda warnings should be requested to sign a Miranda form in order to assure the admissibility of any statements in court.
A favorite trick of defense counsel is to distort any custodial interrogation by innuendo, suggesting that there was some impropriety on the part of the police in obtaining statements from a defendant. If the investigator has taken proper notes of the procedures used in obtaining any statements, along with notes of the responses of the suspect to these warnings, he or she will have eliminated a possible source of embarrassment in future court proceedings.
When dealing with minors, the Miranda warnings must be given to the parent as well as the underage suspect. The parent and the minor must intelligently waive their rights before an interrogation can proceed.
Examination of a Suspect for Evidence
The examination of the suspect for evidence should be performed by the investigator assigned to the case or an experienced detective assigned to the investigation. Recognizing and recovering trace evidence from a suspect or his or her clothing are prerequisites to successful search of suspects. During this preliminary phase of the homicide investigation, especially when the suspect is still at the scene, it is not practical to conduct an extensive examination for trace evidence. However, officers should be aware of the possible evidentiary value of the clothing and shoes worn by the suspect as well as any bruises, cuts, or injuries on the hands, face, or other parts of the suspect's body. When the suspect is brought to the police station, a more thorough examination can be undertaken. (See Chapter 8 section, "Physical Examination of a Suspect in Custody.")
When the suspect is transported to the police station by patrol officers for further examination, the officers transporting the suspect should be advised to preserve the clothing and shoes for evidence of trace materials and cautioned not to allow the suspect to wash his or her hands or to engage in any activity that may alter or destroy any trace evidence. These instructions should be communicated to all personnel who will be responsible for the custody of the suspect prior to an extensive examination and search by the investigators. I remember a case involving a police matron who had been assigned to guard a female murder suspect. The matron allowed the suspect to wash the victim's blood off her blouse while she was
Figure 5.1 EXAMINATION OF SUSPECT FOR EVIDENCE. The suspect's underwear reveals bloodstains and other evidence from a rape–homicide. The suspect, who raped and killed a homeless woman staying in an abandoned building, was apprehended shortly after the crime. This photograph should also be accompanied by a "stand-up" photo identifying the suspect by face as well as additional photos of the individual evidence. (From the author's files.)
in police custody. During the trial, the matron was asked by the prosecutor why she had allowed the suspect to wash off the blood. The matron claimed she was not advised by the detectives to preserve the clothing of the suspect and that the detectives "hadn't told me anything." Needless to say, her ignorance of the forensic value of the victim's blood on the blouse was compounded by the failure of the investigators to instruct and advise her properly.
Evaluation of the Suspect's Demeanor and Mental Capacity
When a suspect has been taken into custody, the investigator should evaluate the suspect's demeanor and mental capacity based on observations from the time of his or her arrest to the subsequent arraignment. This observation and documentation is necessary to prepare against a possible diminished-capacity defense, which is usually based on the contention that at the time the offense was committed, the defendant was not able to determine right from wrong because of his or her mental state. The defendant may attempt to claim insanity based on mental incapacity. The defense of diminished capacity is a popular one because the police often fail to take proper precautions during the initial investigation.
The following are some important observations that should be recorded in the investigator's notebook:
1. Does the suspect speak rationally or irrationally?
2. Does he or she answer in a straightforward or evasive manner?
3. Is the response to questioning intelligent or confused?
4. Does the suspect have control over his or her actions?
5. What is the suspect's emotional condition?
6. Is there any evidence of intoxication or does the suspect appear to be under the influence of any drugs?
7. Does the suspect give any reasons for his or her actions?
When investigators interview witnesses, they should attempt to obtain as much information as possible regarding the actions of the suspect prior to the crime, during the crime, and immediately after the crime. Any indications of the suspect's demeanor and mental capacity should be recorded. The witnesses should be asked the following questions:
1. What was the suspect's appearance at the time of the crime?
2. How did the suspect act?
3. Could the witness determine the suspect's demeanor or mental state?
4. Did the suspect act rationally or irrationally?
5. Was the act a cold-blooded or unemotional thing?
6. Did the suspect scream or yell?
7. How did the suspect commit the act?
8. Was the suspect under the influence of alcohol or drugs?
9. Did the suspect say or do anything during or after the crime?
10. Did the suspect attempt to flee or cover up the crime?
Often investigators neglect to obtain witnesses' opinions of the suspect during the initial inquiry because they have been trained to gather only "facts." However, independent observations of and opinions about a person's behavior can be vitally important in establishing the existence or nonexistence of diminished capacity in court. From an investigative point of view, the detective should document these witnesses' observations and opinions in preparation for the later prosecution.
Obtaining a Dying Declaration
If the victim is still alive when investigators arrive at the scene, they should attempt to obtain a statement. Likewise, if a victim has been removed to the hospital, detectives should immediately be dispatched so they may interview him or her. In cases where the victim is seriously injured and death will undoubtedly occur, investigators must be alert to the possibility of obtaining a dying declaration. This can be obtained while waiting for the ambulance, en route to the hospital, or while the victim is in the hospital. As long as investigators do not interfere with lifesustaining measures or hinder medical personnel by their presence, there should be no problems.
The dying declaration may prove invaluable in firmly establishing whether a crime has occurred and, more importantly, who was responsible. In order to obtain a legally admissible declaration, however, certain conditions must exist.
1. The victim must believe that he or she is going to die.
2. The victim must have no hope of recovery.
3. The declaration or statement must refer to
a. The manner and circumstances which brought about the victim's condi-tion and ultimate death.
b. The identity of the person responsible.
4. The declarant must die.
5. The declarant must have been otherwise competent and rational.
The dying declaration can be used in a criminal trial only after the death of the declarant. If the victim survives, he or she must testify later in court.
Questions to Be Asked in a Dying Declaration
There are no set guidelines for the exact sequence of questions you should ask when attempting to obtain a dying declaration. Basically, you will want to establish through your questions that the witness is competent and lucid, and does believe that he or she is about to die. Here are some questions that the investigator may find helpful:
1. What is your name?
2. Where do you live?
3. Do you now believe that you are about to die?
4. Have you any hope of recovery?
5. Are you willing to make a true statement of how and why you were injured?
Documentation of the Dying Declaration
The statement can be oral or, if feasible, written by the declarant. Ideally, the investigator will have a cassette recorder available during this event. In any case, the officer should reduce the statement to writing and have the declarant sign it or make his or her mark. It is recommended that there be a civilian witness present; however, the fact that no witness was available or that the declarant was unable to write or sign the statement does not affect the admissibility of the declaration in court.
Remember: Do it right the first time. You only get one chance.
Handling Buried-Body Cases
Bodies that have been buried or exposed to the elements for a significant time present the investigator with additional considerations, such as animal feeding, insect activity, and dispersal of evidence and body parts, as well as other postmortem artifacts. Handling an outdoor scene can be extremely frustrating as you attempt to locate evidence. Items may have been dispersed due to environment and animal activity.
In addition, because you cannot possibly know what is or is not evidence, you end up collecting many miscellaneous items as well as trash. Handling a buried-body case outdoors compounds this problem as you deal with an outdoor environment subject to change and weather conditions as well as burial conditions. If a body is buried in a shallow grave with loose earth, the decomposition may be more rapid and most of the soft tissue will be gone in 1 to 3 years. The skeleton remains much longer. However, time figures will vary greatly depending on the type of soil, amount of water, drainage, and other factors. (See Chapter 9, "Estimating Time of Death.")
Conducting crime scene searches involving the discovery and excavation of buried bodies requires special techniques and planning. Certain procedures, which must be followed in order to locate and recover pieces of physical evidence, involve the need for assistance and cooperation between law enforcement and forensic science. The necessary equipment should be available, as should the forensic experts in case their services are needed.
I recommend A Bibliography Related to Crime Scene Interpretation with Emphasis in Forensic Geotaphonomic and Forensic Archeological Field Techniques, 11th edition, compiled by Special Agent Michael Hochrein, FBI. This information is also contained in a Web site: www.mai.mercyhurst.edu\academics\F1_program_forensic.htm. Contact information:
Federal Bureau of Investigation
Laurel Highlands Resident Agency
P.O. Box 615
Elton, PA 15934
(814) 262-9290
Examples of some of the experts who can assist the investigator in this procedure are the medical examiner or forensic pathologist, the forensic archeologist, the forensic odontologist, the forensic entomologist, and the botanist. I recommend that the homicide investigator contact these experts prior to the actual need of one at the scene of a buried-body case. I have found that these experts are more than happy to cooperate as long as they are acting as part of a team. If provided with an undisturbed crime scene, they can contribute to the overall success of an investigation.
The Discovery of the Buried Body
Buried-body cases usually come to the attention of law enforcement when someone stumbles upon a shallow grave. For example, in the following case history, I present a case in which a woman was walking down the beach and saw a hand extending from the sand. In other circumstances, bodies have been unearthed during severe rainstorms. Sometimes the police may have intelligence regarding the location of a buried body provided by an informant or a confession by an offender who offers to show the authorities the location of the burial site. Accidental finds may be made by a passerby, a hunter, or a construction worker involved in some type of excavation, who then notifies the police. The police respond to the site to verify the discovery and then notify the investigators. As with any crime scene, the basic principles of scene protection and isolation should immediately be instituted. (See "First Officer's Duties on Arrival at the Scene" in Chapter 2.)
Case History
A woman walking down the beach in the early morning hours saw what she believed to be a human hand sticking out of the sand. She called 911. Police responded and verified that the hand was human and the victim was apparently dead. Detectives responded and noticed that a second hand with pink-colored nail polish was also partially exposed; they observed what appeared to be reddish colored clothing around the elbow. Directly west of the exposed hand was a woman's Novella wristwatch, with a wide blue material with three snaps on it to secure to the wrist. The watch had been stopped at 11:58. It was apparent that the body had been buried in a shallow grave on the beach sometime during the night.
Police secured the entire beach area as a crime scene and asked for the reporting witness's shoes to compare with any other shoe prints that were located in the area. The crime scene
Figure 5.2 BODY BURIED ON BEACH. A passerby, walking down the beach saw what she believed to be human hands extending out of the sand. Police responded and verified that a woman had been buried on the beach. (Courtesy of Detective Corporal Arthur Clark, East Providence, Rhode Island, Police Department.)
Figure 5.3 BODY EXCAVATION. This female victim had been raped and murdered by her assailant, who then buried her body on the beach. (Courtesy of Detective Corporal Arthur Clark,
East Providence, Rhode Island, Police Department.)
was photographed and the medical examiner was requested to respond before any attempt at excavation.
There were fresh tire impressions in the sand near where the body had been buried. Apparently someone had recently driven onto the beach in the vicinity of the grave. There were also footwear impressions around the gravesite, which the detectives collected after casting.
The authorities decided to conduct an exhumation by removing the loose sand from around the grave and then to sift that sand for any items that may have been in the grave. As they began to remove the sand, they saw the outline of the woman's head surrounded by blood soaked sand. A pink-colored fingernail was found in the grave above the victim's left arm and another was located under the right arm. The investigators sifted through the sand and located another pink-colored fingernail in the victim's hair. All during this 3hour excavation, crime scene photographs were taken to document the event as well as the retrieval of evidence.
Investigators removed the body of a white female, with brown hair and a thin build, dressed in a reddish satin dress, white stockings, and black high-heel shoes. The victim appeared to be about 30 years old. She appeared to have been beaten about the face, head, and arms. The grave was approximately 2 ft deep. After the body was removed, the investigators dug below where the body was to ascertain whether any additional evidence was in the grave.
The medical examiner determined that the decedent sustained multiple wounds and abrasions to the face, head, arms, and hands caused by a hatchet, shovel, spade, or ax-type instrument. There were also six chopping wounds. The medical examiner listed the cause of death as brain injuries due to sharp force trauma to the head. There was also vaginal trauma and the rape kit was positive. Stomach contents indicated that the victim was killed within 3 hours of her last meal, sometime around midnight. The victim was apparently still alive when buried.
The medical examiner found sand in the victim's mouth and throat. The victim's panty hose were ripped in the crotch area and her bra was not hooked properly in the back. Pink-colored false fingernails, similar to those found in the sand, were on the victim's fingers.
Her husband, who had reported her missing, identified the victim. At first the police were looking into the husband as a suspect due to the strange relationship he and his wife shared: the victim would advertise in the local papers for "dates." Another male who was interviewed by detectives told the police that he was her boyfriend and that the husband had no problem with their relationship.
After an intensive investigation, the actual killer was identified and arrested by detectives. He confessed to the rape and murder and led the authorities to where he had disposed of the shovel used to kill the victim. The suspect's DNA was matched to the victim. In addition, hair and fiber evidence was recovered from the suspect's car and clothing; the footprints and tire marks in the sand were also matched to the suspect.
Initial Response
The investigators should not allow themselves to be rushed into an immediate excavation of the remains. Instead, if the body has not already been removed from the burial site, they should request the services of an archeologist when they notify crime scene technicians and the medical examiner.
From an investigative point of view, there is generally no need to excavate the body immediately at this stage of the investigation. I recommend the following procedures (all of which will be discussed fully in Chapter 6, Chapter 7, and Chapter 8):
1. Photographs should be taken of the entire area including the site and any item of evidentiary value (tire tracks, weapons, tools, articles of clothing, etc.).
2. Photographs should be taken in black-and-white and color; photographs of any items located in the scene should be taken with and without markers.
3. The area should be mapped out and a crime scene sketch prepared.
The preceding procedures are paramount to the subsequent search and excavation in order to document the original condition of the scene and surface around the burial site.
4. The path used by the person discovering the body should be marked off and all investigators and personnel at the scene should follow this route.
5. A systematic search of the surrounding area should be instituted using metal detectors and any other aids that might be applicable. If any evidence is discovered, it should be photographed separately and included on the crime scene sketch.
6. All natural loose debris should be removed to expose the burial mound.
7. Screens are used to sift material for debris, litter, plants, or soils removed from site.
8. If daylight hours are limited, the search and excavation should be postponed until morning.
9. If the weather poses a problem, wait for proper conditions. The area of the grave can usually be protected by the erection of a tent over the site.
The Excavation
The term site refers to the entire area of excavation or disturbance and includes not only the grave, but also the immediate area contiguous to the grave. The excavation should be conducted under the direction of a forensic archeologist and should begin with the clearing of the ground around the actual burial site. This is done to locate the dimensions of the hole. At this point, measurements should be taken and the site rephotographed. In addition, two sketches should be drawn to show plan and elevation views of the grave.
When a grave is dug, excavated soil is placed on the surface. As a result, the surface vegetation is usually compressed or broken off. When the grave is refilled, some of this surface vegetation is probably placed in the hole. Furthermore, if the body has been buried for some time, roots of trees or bushes may grow through the remains. This is where the botanist comes into play. The botanist can provide estimations of how long the vegetation has been damaged or the length of time necessary for the root structures in the remains to have reached their present stage
Figure 5.4 EXCAVATION OF BURIED BODY, PLANE VIEW SKETCH. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)
Figure 5.5 EXCAVATION OF BURIED BODY, ELEVATION VIEW SKETCH. (Courtesy of
Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.) of development. If any dead insects, insect larvae, or maggots are located at the site, they should be collected for examination by a forensic entomologist. (See Chapter 9.) This is why the excavation must proceed at an orderly and systematic pace.
The first step is to conduct an initial site assessment. Establish a grid matrix with grading stakes on the outside perimeter of the burial site. The recommended starting size is a 3 ft by 6 ft grid aligned with magnetic north. Twine is used to align stakes or set the grid over the burial site. The soil should be removed in somewhat even layers, about 2 to 4 in. deep, and sifted through screens. As items are located and recovered, they should be photographed and plotted on the elevation and plan view drawings to indicate their actual locations. In addition, samples of the soil should be taken as each item is recovered.
The Body
When the body is uncovered, it should immediately be photographed in the condition of discovery before any disturbance. If the medical examiner is there and the body has soft tissue present, the pathologist should undertake a preliminary
Figure 5.6 VAPOR DETECTOR. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)
scene examination. The body should then be placed on a clean sheet to preserve any additional evidence that may not be readily observable at the scene. The body and sheet should then be removed to a morgue for further examination and autopsy.
After the body has been removed, the grave should again be photographed and the area which was under the body carefully searched and excavated several more inches. The use of a metal detector at this stage may prove valuable, especially if bullets were fired into the body as it lay in the grave.
The identification of the remains, especially in cases where the body is badly decomposed, will call for the expertise of the forensic anthropologist and the forensic odontologist working along with the medical examiner or coroner. The various methods and techniques are presented in Chapter 10.
Case History
In the Rex Krebs serial murder case, which is discussed in Sex-Related Homicide and Death Investigation: Practical and Clinical Perspectives,2 the suspect had buried the bodies of his victims in a very rural area. He brought the first victim's body deep into the woods, where he had dug a 4-ft hole. He put his victim's body in the ground and then covered her with hog wire so the animals would not unearth her body. The offender then buried his second victim in another 4-ft grave only 25 ft behind his house. Assistant Chief Investigator Larry Hobson,3 who had conducted several hours of interviews over a period of weeks with Krebs, eventually, established a dialogue and a rapport. When Hobson confronted Krebs
Figure 5.7 GRAVE SITE PRIOR TO THE EXCAVATION. This illustration depicts the gravesite before the excavation and indicates the original position of the body before excavation, as well as the items that the investigators uncovered during their excavation. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)
with the DNA evidence that had been recovered at his house, Krebs confessed to the murders and offered to show the authorities where he had buried the bodies.
The excavations were conducted by the Federal Bureau of Investigation Evidence Response Team, which followed the recommended techniques in this text, along with the San Luis Obispo Police Department, the San Luis Obispo Sheriff/Coroner's Department, and the San Luis Obispo District Attorney's Office.
First Excavation
The first excavation was the Krebs case's Newhouse gravesite. The site, which was covered with brush, was first photographed and then the brush was removed. An initial site assessment was conducted. A 3 ft by 6 ft grid matrix aligned with magnetic north was established over the dig site. A controlled manual excavation was begun by shovel scraping. The excavated soil was placed in buckets and screened through 1/4-in. mesh. A sketch map was prepared showing the limits of the grid matrix and photographs were taken as needed during the excavation. All items of evidence recovered were received, logged, and maintained by the San Luis Obispo Police Department. Human remains and all the evidence immediately associated with the body were received by the San Luis Obispo County Sheriff/Coroner's Department.
The original 3 ft by 6 ft grid was excavated to a depth of approximately 25 in. below surface, at which time a piece of wire fencing was exposed. The grid matrix was expanded 3 ft, making the total matrix 6 ft by 6 ft. The wire fencing was removed and further soil was excavated by hand trowel. Approximately 1 in. below the fencing was plastic sheeting. Once the plastic sheeting was exposed, the authorities discovered the first portion of the
Figure 5.8 MEDICAL LEGAL ART DEPICTING GRID. This illustration depicts the gravesite after brush is removed and grid established. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)
Figure 5.9 EXCAVATION PROCESS. The soil should be removed in somewhat even layers, about 2 to 4 in. deep. The excavated soil was placed in buckets and screened through 1/4-in. mesh. (Courtesy of Assistant Chief Investigator Larry Hobson, Office of the District Attorney, San Luis Obispo, California.)
Figure 5.10 EXPANDING THE GRID. The original 3 ft by 6 ft grid was excavated to a depth of approximately 25 in. below surface, at which time a piece of wire fencing was exposed. The grid matrix was expanded 3 ft, making the total matrix 6 ft by 6 ft. (Courtesy of Assistant Chief Investigator Larry Hobson, Office of the District Attorney, San Luis Obispo, California.)
Figure 5.11 BODY EXCAVATION. The body is exposed by excavation with a trowel and brush. All soil was removed from around the body and from underneath the perimeter of the body so that the body rested on a soil pedestal. (Courtesy of Assistant Chief Investigator Larry
Hobson, Office of the District Attorney, San Luis Obispo, California.)
Figure 5.12 BODY RECOVERED. This photo depicts the body at the morgue after it was recovered from the gravesite. (Courtesy of Assistant Chief Investigator Larry Hobson, Office of the District Attorney, San Luis Obispo, California.)
Figure 5.13 MEDICAL ART DEPICTING EMPTY GRAVE. After the body was removed, additional soil was excavated from the area below the body to determine whether any additional physical evidence was present. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)
body. The body was then exposed by excavation with a trowel and brush. All soil was removed from around the body and underneath the perimeter of the body so that the body rested on a soil pedestal. The body was then lifted out of the excavation pit and placed in a body bag for transport to the coroner's office. The lowest portion of the victim's body was at a depth of 48 in. below the surface.
After the body was removed, additional soil was excavated from the area below the body to determine whether any additional physical evidence was present.
Second Excavation
The second excavation was the Crawford gravesite (see Rex Krebs serial murder case burial site in mountainous area). Once again an initial site assessment was conducted and photographs were taken of the dig site. A 3 ft by 6 ft grid matrix aligned with magnetic north was established. A controlled manual excavation was begun and conducted by shovel scraping. The excavated soil was placed in buckets and screened through 1/4-in. mesh. A sketch map was drawn showing the limits of the grid matrix and the major items recovered. The same procedures as previously discussed were followed.
The area of the original grid was excavated to a depth of approximately 24 in., at which time human hair was observed. Excavation with a hand trowel revealed the top of a human head. An additional grid was established, creating a 6 ft by 6 ft matrix. This new grid was excavated to a depth of approximately 22 in. at which depth the right knee of the victim was exposed. The entire body was then exposed through the use of hand trowel and brush. The victim's body was fully clothed. After the body was exposed, additional soil was removed below the perimeter of the body so that it rested on a soil pedestal. The body was lifted out of the excavation pit and placed in a body bag.
After the body was removed, additional soil was excavated from the area below the body to determine whether any additional physical evidence was present.
Search for a Buried Body
In cases where an informant or confession reveals the existence of a buried body, the immediate problem facing the investigator is locating the site. Unless the exact location is given, the information may be so vague that it involves an area of several acres. Good planning will be necessary to locate and isolate the scene. Practically speaking, the more that is known about the circumstances of the crime, the better your chances are of locating the site. For example, where was the victim killed? If the victim was killed elsewhere, the location of the site may be close to a road or path. If the killing took place at the site, then the victim may have been forced to walk some distance.
The element of time will have a bearing on the condition of any vegetation and of the grave. The grave may have sunk or surplus dirt may still be on the mound. The following methods may be used to locate the burial site:
1. Search by aircraft. Prior to a foot search, this method can be used to cover a wide area and locate visually a sign of soil or vegetation disturbance. Aerial photographs should be taken of the suspected area before and, if the search is successful, after.
2. Thermal infrared thermography can be used to detect the difference in the heat signature of the surrounding soil and that present at the gravesite. Initial theories involving infrared thermography proposed that the grave would produce a higher heat signature than the surrounding ground due to decomposition. Further studies, however, indicated that the opposite is true. The grave creates a dead space that produces a lower heat signature than the surrounding ground.
3. Ground-penetrating radar (GPR) is another technique which can be used to locate buried bodies. The GPR sends low-frequency signals into the ground, which are returned in different ways upon encountering different conditions. 4. Trained cadaver dogs can be used.
5. Search by foot. Mechanical aids are a must in this type of search. (See Chapter 8 section, "Methods of Crime Scene Search.")
6. Probing. This is the most practical method of ground search. It is done with a steel rod which is about 4 to 5 ft long with a "T" handle on one end and a sharp point at the other. The probe is inserted into the suspected area. If the ground is soft, it is left in place, all probing is halted, and a vapor detector is brought into play. The probing should follow a systematic pattern so as not to miss any locations.
7. The vapor detector. This instrument can detect the presence of body gases formed as a result of decomposition. It can be used to locate a cadaver prior to any excavation. Its value is quite evident when several suspected areas must be checked. It can also be used under concrete (roadways, patios, floors) after a small hole is bored through the concrete. (See Figure 5.4 through Figure 5.6.)
The Investigative Checklist
The homicide detective faces a monumental task at the crime scene. A multitude of duties must be performed, and each event needs to be documented according to a routine procedure. This procedure is necessary so that valuable information or observations are not overlooked. Although each homicide is distinctive and unique, certain basic steps need to be pursued at all crime scenes. This investigative checklist is designed to be used by detectives involved in the investigation of sudden and violent death. Although extensive, it is not all inclusive. The investigator is advised simply to utilize this checklist as a guide to refresh the memory.
Remember: The fundamental rule in homicide investigation is the documentation of events in the investigator's notebook.
Documentation of the Initial Report
Initial Receipt of Information
Record date and time of initial report.
Record method of transmission — report received by.
Record reporting party — officer, dispatcher, etc.
Record complete details.
Arrival at the Homicide — Death Scene
Record exact time of arrival.
Record the exact address of the crime scene.
Record outside weather/temperature conditions.
Record outside lighting conditions.
Interview the first officer and other police personnel at the scene to determine the sequence of events since their arrival.
Note crime discovered by — date and time of initial call. Complete details of initial police report.
Determine the scope of the patrol officer's initial investigation at the scene:
Protection of the crime scene
Notifications — alarms — teletypes
Preliminary investigative results Record persons present at the scene:
Police officers and law enforcement personnel
Ambulance and/or emergency personnel
Family and/or relatives and friends of victim Witnesses — including persons detained by patrol Keep witnesses separated.
Provide for witness security and availability.
Preliminary Inspection of the Body at the Crime Scene
Record victim pedigree — name and address if known (includes sex, race, and age).
Record location of the victim: description of body and scene.
Have the patrol officer escort you through the scene to the body using same path used by responding police.
Personally determine and verify death.
Note condition of the body.
Ascertain whether any suspects are in custody. (See "The Suspect in Custody" procedure.)
Are there any additional victims?
Is this a multiple murder? (If "yes," establish separate case numbers and provide for additional documentation.) Officially assign investigator to case.
If identity of victim is known, get a background check.
Implementing Crime Scene Control Procedures
Determine the scope of the general crime scene — assessment.
Make determination of police legal status in crime scene.
Take preliminary photographs with an Instamatic, Polaroid, or digital camera to "freeze" the crime scene and provide for review by additional investigators as they arrive at the scene. (Polaroid or digital photos are preferred for immediate viewing.)
Stabilize the scene by identifying and establishing perimeters.
If crime scene was not established by patrol, secure and protect the scene by isolation —ropes, barriers, etc.
Establish outside and inside perimeters — only authorized personnel allowed within respective perimeters.
Remember, the two-crime-scene theory — the general area for police and other official personnel at the scene and the forensic area where the body as well as any other evidence may be located.
Assign patrol officers as needed to safeguard scene effectively.
Update and expand crime scene protection as necessary.
Is this a multiple scene? Are there additional areas to protect?
Establish a single path of entry and exit to the crime scene.
Implement procedures to safeguard all evidence found at scene.
Initiating a Crime Scene Log
Assign an officer to obtain the names of all police and emergency personnel who responded to the original call.
Assign an officer to record the names of all personnel and civilians involved in the investigation at the crime scene.
Allow no entry to the crime scene except by authorized personnel involved in the official investigation.
Record arrival/departure times of all officials. This includes the ME or coroner, state's attorney, crime scene technicians, etc.
This crime scene log should be delivered to detectives upon release of the crime scene.
Establishing a Policy for Crime Scene Integrity
Make a determination relative to obtaining a search warrant prior to any processing of the crime scene.
Coordinate activities at the scene and direct investigators by fixing responsibility for the performance of certain duties.
Do not touch, move, or alter anything at the scene until full documentation has been completed (observe, describe, record).
Record any alterations to the crime scene that were made as a matter of investigative necessity or emergency police response.
Lights turned on or off?
Doors opened, closed, locked, or unlocked?
Body moved or body cut down?
Windows opened, closed, locked, or unlocked?
Names of all parties who moved the body prior to and during the police presence at the scene.
Any furniture moved or anything touched?
Gas turned on or off? Appliances turned on or off?
If vehicle is involved, is engine on or off? Is the motor cold, cool, warm, or hot? Do not use any telephones located inside the crime scene.
Does the telephone have an answer machine or message capability? Check messages. Check the last number redial/listen to messages. Make recording/seal original tape.
Does the deceased have a beeper? Check messages. Check the last number redial/listen to messages. Make recording/seal any original recordings.
Does the deceased have voice mail? Check messages. Check the last number and listen to any messages or check the answering service. Take recordings/seal original tapes and document.
Is there a computer at the crime scene? Check system — last date of use, documents, disks, hard drive. Consider forensic computer analysis.
Check computer for answering machine–message modem. Check messages, e-mail, etc.
Is there a camera at the crime scene? Process and check film and/or diskettes. Search for photographs — deceased, friends, activities, etc.
Is there a VCR? Check all tapes. Check tape in machine. Note rentals, personal tapes, etc. — secure for review.
Implement procedures to protect the evidence from damage by weather or exposure, as well as the presence of police personnel.
Do not allow smoking by anyone in the crime scene.
Do not turn water on or off, do not flush toilets, do not use any facility in the scene.
Record condition of lights, lamps, and electric appliances such as televisions, radios, and clocks.
Establishing a Command Post or Temporary Headquarters
Select a location out of the central crime scene, preferably a location with two phones, one for outgoing and one for incoming telephone calls. Utilize cell phones for general communications. Use the land lines for security.
Notify communications and/or the station house of the telephone numbers of the command post as well as those of personnel at the scene to facilitate communications among the various units concerned.
Make notifications as necessary from this location to
Crime scene technicians
Medical examiner/coroner or representatives
Additional investigators or police personnel
Prosecutor/district attorney/solicitor's office
Emergency Medical Service (EMS) and Ambulance Personnel
If ambulance or EMS personnel were present in scene before the investigator's arrival, determine whether the crew or anyone else moved the body or any other items within the crime scene. If yes, record the following:
When the alterations were made
Purpose of the movement
Persons who made the altercations
The time of death as pronounced by the ambulance or paramedic crew
Consider taking fingerprints of the crew members if they touched or handled items in the crime scene.
Interview the EMS or ambulance crew for details of any action taken as well as their observations.
Initiating a Canvass
Initiate a canvass of the immediate area by assigning sufficient personnel to locate any witnesses or persons who may have information about the homicide or death.
Assign a supervisor or coordinator to organize the canvass.
Use canvass control sheets.
Assure that canvassers are provided with all information from the investigation and scene so they may properly solicit information from prospective witnesses. (This includes photos of the deceased taken in life, if available.)
Have investigators check and record registration numbers of vehicles in the immediate area.
Require official reports from canvassers indicating:
Negative locations (locations with no results).
Locations that have been canvassed, indicating the number of persons residing there to include possible visitors as well as residents.
Positive locations for possible follow-up and reinterview.
Information relating to the event being canvassed.
Utilize the canvass questionnaire forms.
Note: Attempt to conduct further canvasses on the same day of the week as the incident, at approximately the same time of the incident, in order to cover the behavioral patterns of persons to be canvassed.
Weapons
If a weapon is discovered, do the following:
Do not attempt to unload firearms.
Record where the weapon is located.
Safeguard the weapon for forensic examination (this includes not only ballistics, but also operability).
Have the weapon photographed before further examination.
If weapon is a firearm, consider an examination of the suspect's hands for residue analysis (GSR) testing.
Determine the origin of the weapon. (Does it come from the premises? Does it belong to the deceased, etc.?)
Determine whether any blood or any other trace evidence is on the weapon. The Suspect in Custody
Remember that the suspect is part of the crime scene — "theory of transfer and exchange."
If the suspect is arrested and present at the scene, make sure that he or she is immediately removed from the crime scene and not returned to the scene unless the clothing of the suspect is secured. This procedure is necessary to prevent crime scene contamination.
Safeguard all evidence found on the suspect, including blood, weapons, debris, soil, proceeds of crime, etc.
Ensure that the suspect does not wash his or her hands or engage in any conduct which may alter or destroy evidence.
Note any injuries to the suspect and record them with black-and-white film with rule of measure included as well as color film indicating these injuries or marks with appropriate anatomical reference photographs.
Record any spontaneous statements made by the suspect.
Do not permit any conversation between the suspect and any parties present.
Guard your investigative conversations in the presence of the suspect.
Suspect in Custody: Interrogation at the Scene
If the suspect is in custody at the scene and circumstances indicate that immediate interrogation of the subject would be beneficial to the investigation, the following steps should be taken:
Advise the suspect of his or her rights under the Miranda ruling prior to any custodial interrogation. (This should be done from a Miranda rights card or Miranda form.)
Determine whether the suspect fully understands his or her rights.
Obtain an intelligent waiver of these rights from the suspect prior to any questioning.
Document this procedure in the investigative notebook.
Allow the suspect to make a full statement.
Reduce this statement to writing and have the suspect sign it.
Keep the suspect isolated at all times from other suspects, witnesses, prisoners, and any personnel not connected with the investigation.
Advise any officers transporting the suspect not to engage the suspect in any conversation or questioning. However, if the suspect makes any statement during transport, the officers should document this information.
If the suspect is brought to the police station, he or she should be placed in a separate holding cell.
Alibi statements should be documented and recorded in the investigator's notebook.
Any self-serving statements should also be recorded and documented, in the event the suspect later changes his or her story. A.D.A.P.T.
Before beginning process, make an assessment regarding search warrant requirements.
The crime scene search should not be undertaken until all photographs, sketches, measurements, dusting for prints, and written documentation have been completed except for emergency situations.
Documentation of Crime Scene Photographs
Date and time photos are taken
Exact location of photographs
Description of item photographed
Compass direction (north, south, east, or west)
Focus distance
Type of film and camera used
Lights and weather conditions
Number of exposures
Identification of photographer
Eliminate extraneous objects, including any police equipment.
Show the relationship of the scene to its surroundings.
Outdoor scenes — fixed objects as they relate to the scene from eye level
Indoor scenes — objects in the room such as doors or windows to "fix" the body to the crime scene
Recommended Crime Scene Photographs
The entire location where the homicide took place
Contiguous areas and sites
The crowd or any bystanders — surreptitiously
Suspect and/or witnesses, if applicable
Suspect's clothing and shoes
Any injuries (body, face, hands, etc.)
Do not add any chalk marks or markers prior to taking the original crime scene photographs. Markers can be added later for close-up shots.
Take photos from the general to the specific.
Front entrance of building
Entrance to the room or apartment where the deceased is found
Two full-body views
A general view of the body and crime scene
A close-up shot of the body
Any visible wounds
If the body has been removed, the body's original location
Possible entrance or escape routes used
Areas where any force was used for entry or exit
Area and close-up views of any physical evidence such as bloodstains, weapons, shell casings, hairs, fibers
Fingerprints (plastic, bloodstained, and latents) — as well as any "lifts"
After the body has been moved, additional photos should be taken of
Areas beneath the body
Any additional evidence found beneath the body
The Crime Scene Sketch
Make a simple line drawing of the crime scene in the investigative notebook or on a separate sheet of paper. The following information should be included:
Measurements and distance
A legend to identify any object or articles in scene
A scale to depict measurements used
A title block consisting of
Name and title of sketcher
Date and time the sketch was made
Classification of crime
Identification of victim
Agency's case number
Names of any persons assisting in taking measurements
Precise address of the location sketched and compass north
The Crime Scene Search
Establish the perimeters of the crime scene and document this location by crime scene photographs and sketches, including written documentation.
Reconstruct aspects of the crime in formulating the search.
Ascertain the legal basis for the search prior to any seizure of evidence. Visibly locate any physical evidence and determine which evidence should be gathered before any destruction or alteration takes place.
Establish the method of search based on your investigative theory, size of the area to be searched, and any other factors that arise while conducting this phase of the inquiry.
Areas that should be processed include
The point of entry
The escape route
The suspect and his or her clothing, making note of injuries
The location of any physical evidence or weapons
A vehicle used in the crime
The suspect's residence
The location where the actual assault leading to death took place The location from which the body was moved.
Dusting for Fingerprints
The following areas should be processed for latent prints: Areas of entry and exit
Weapons or objects which were apparently handled
Door handles
Telephone instruments
Windows
Glasses
Light switches
Newly damaged areas
Objects that may have caused death
Objects missing from their original location
Note that some areas to be processed may require the use of chemical reagents such as fluorscein, luminol, ninhydrin, amido black, tetramethylbenzidine, phenolphtalin, cynoacrylate in order to obtain latent print evidence. Consider these options before dusting.
Description of the Deceased
A complete description of the body should be documented in the investigator's notes, including the following information:
The position of the body
Sex
Race
Appearance
Age
Build
Color of hair
Description of clothing
Presence or absence of any jewelry
Evidence of any injuries (bruises, bite marks, wounds, etc.) Condition of the body:
Livor mortis
Rigor mortis
Decomposition (describe in detail)
Blood, wet or dry
Insect activity
Putrefaction
Is the condition of the body consistent with known facts?
Note and record the condition of the victim's hands for signs of evidence (defense marks, hairs, fibers, etc.).
Note and record any creases and folds on victim's clothing.
What is the condition of the victim's pockets?
Examine the immediate area surrounding the body for evidence.
Record the direction and size of any bloodstains.
Check the clothing and shoes for any trace evidence.
Preliminary Medical Examination at the Scene
Record the time of arrival of the coroner/medical examiner.
Obtain a preliminary estimate on the time of death.
Document the apparent cause of death after conferring with the medical examiner/coroner.
Are injuries consistent with the suspected weapon involved?
Release of the body:
Use a new or laundered sheet to wrap body before removal.
Bag the hands of the victim with paper bags (not plastic) to preserve any trace evidence under fingernails.
Victim — Hospital Information
If victim was removed to hospital, dispatch investigators, if available, or patrol unit to obtain the following information: Name, address, and phone number of the hospital
Name, address, and phone of attending doctor
Name of officer interviewing doctor
Doctor's diagnosis
If pronounced dead, get time and date.
If admitted at hospital, get time and date. Was the victim interviewed — yes or no?
Name of officer conducting interview
Dying declaration?
Obtain witnesses, preferably doctor or nurse.
Names, addresses, phone numbers of all emergency room and hospital personnel involved in treatment.
Names, addresses, phone numbers of all ambulance or paramedic personnel involved in emergency and transport.
Names, addresses, phone numbers of anyone who accompanied victim to hospital.
For evidence obtained and/or impounded at hospital:
Establish chain of custody — identity of person at hospital who impounded any evidence.
Obtain for forensic examination any clothing worn by the deceased.
Names of all police personnel at hospital.
Evidence Process and Control Procedures
Ensure that all evidence is properly marked and packaged.
Establish a chain of custody.
Designate a "searching officer" to take charge of all evidence.
Record the name and unit designation of all persons participating in the homicide crime scene search.
Photograph all evidence in its original position (in situ).
Record the position and location of all evidence on the crime scene sketch and the investigative notebook.
Record the name of any officer or person discovering any physical evidence and the location where it was recovered.
Measure the location of any evidence found from two separate fixed points of reference.
Note regarding weapons:
Are any shell casings present?
Are any bullet holes or spent rounds present?
Determine how many shots were fired.
What is the position of bullets in the revolver (record by diagram)?
Is the safety on or off?
Is the firearm loaded or unloaded? Are any bullets in the chamber?
Are wounds consistent with the weapon suspected?
Is any trace evidence on the weapon?
Release of the Homicide Crime Scene
This is a critical decision: authorities should hold onto the crime scene as long as possible in the event that further processing, investigation, or review becomes necessary as additional information becomes available.
Do not release the scene prior to the completion of the canvass and any interviews of witnesses or interrogation of suspects.
Have the deceased's mailbox searched and note the date of any mail found there. Check with post office for undelivered mail and record all information. Note the telephone numbers of any phones at the scene.
If the scene is to be abandoned temporarily during certain investigative procedures, provide for continued crime scene protection during the absence of investigators. The assignment of patrol officers to assist detectives at the crime scene is highly recommended.
Before leaving the crime scene, look over the entire area from the perspective of the defense counsel to make sure you have covered all the bases.
Gather all materials used in the crime scene processing, such as film packs, film containers, Polaroid negatives, notes, tape, evidence containers
Cause these materials to be removed from the scene for destruction and disposal at another location.
Use large plastic garbage bags at the crime scene for disposal of materials generated during the search and dispose of at another location.
It is important to note that the extent of the crime scene search can be ascertained by examination of these types of materials if they are left behind at the crime scene by the authorities.
Suicide Investigation — Investigative Considerations
Important note: Most suicides occur as a result of depression. Therefore, the investigator should concentrate part of the inquiry into the clinical component of the event. However, keep in mind that some suicides are conscious decisions on the part of the victim and the particular motive for the event may never be ascertained.
Evaluation of the Wounds
Could the deceased have caused the injuries and death?
Was the person physically able to accomplish the act?
Are the wounds within reach of the deceased?
Are the wounds grouped together?
Is there more than one cause of death?
Describe the nature and position of the injuries.
Are there any hesitation marks?
Psychological State of the Victim
Obtain background of the victim from family and friends, including medical as well as social information.
Were there any warning signs indicated by the victim? (Psychological autopsy is a collaborative procedure involving law enforcement and mental health experts who attempt to determine the state of mind of a person prior to the fatal act. By examining the victim's lifestyle and interviewing the victim's friends and relatives, they determine whether the death was accidental or involved suicide.) (See listing of these under "Psychological Autopsy" in Chapter 13.)
Were there any recent deaths in the family?
Is there any indication of a recent upset or stress?
Did the victim leave any notes?
Request a sample of the victim's handwriting for a comparison analysis with any note found at scene.
Request a sample of the victim's handwriting for an analysis in case a note is later discovered.
Did the deceased have any close personal relationships, any close friends, etc.?
Interview these persons as soon as possible.
Conduct an immediate search of deceased's home and/or place of business for investigative data.
Any Prior Mental Disease or Defect
Has the deceased been under any professional treatment?
Had the deceased attempted suicide in the past?
Has anyone in the family committed suicide?
Was the deceased a heavy drinker?
Was the deceased on any medication? Was there a history of drug abuse?
Recognized Warning Signs in Suicides
A change in sleeping habits — sleeping more than usual or staying up much later — followed by sadness
A change in eating habits — weight loss or lack of appetite
A lack of interest in sex — a loss of the sex drive
A sudden drop in grades or school attendance — young people
A loss of interest in work — adults
Loss of interest in favorite activities, hobbies, or sports
Loss of interest in friends, family, etc. — isolation
A preoccupation with death or an unusual interest in art or music dealing with death: teenagers — "heavy metal," rock, etc.; adults — preoccupation with death and afterlife
Loss of interest in personal hygiene and appearance
Involvement with drugs, including an abuse of alcohol
Extreme Danger Signs in Suicides
Suddenly becoming cheerful or calm after a depression. A sudden euphoria or burst of activity. This could mean that the person has resolved the inner conflict by deciding to take his or her life. The decision has been made.
Giving away prized possessions
Speaking of life in the past tense — for example, saying, "I've loved you" or "You've been a good mother"
Autoerotic Fatalities (Accidental Asphyxia)
These are deaths that result during solo sex-related activities.
Investigative Considerations
Is the victim nude or sexually exposed?
If the victim is a male, is he dressed in feminine attire?
Is there evidence of masturbatory activity?
Are sexually stimulating paraphernalia present (vibrators, dildos, other sexual fantasy aids, pornography, etc.)?
Is bondage present (ropes, chains, blindfolds, gags, etc.)?
Are the restraints interconnected?
Is there protective padding between the ligature and neck?
Is there evidence of infibulation?
Is there evidence of fantasy (erotic literature, diaries, fantasy drawings, etc.) or fetishism?
Are any mirrors or other reflective devices present?
Is the suspension point within the reach of the victim?
Is there evidence of prior such activities (abrasions or rope burns on the suspension point, photographs, etc.)?
Is there a positioned camera?
Does the victim possess literature dealing with bondage, escapology, or knots?
Is there any indication of suicidal intent?
Investigating Fatal Fires
The Investigative Considerations
Many times arson is used to conceal a homicide, disguise a crime scene, or destroy evidence.
Was the fire intentional or accidental?
Was the victim alive or dead before the fire?
The Fire Incident
Identify the fire officer in charge of fire operations.
Obtain the name, rank, assignment, and unit responsibility of all fire personnel involved in the operation.
Obtain copy of chief's report describing the firematic operations taken to extinguish the fire. This includes
Determine origin/cause — suspicious or other.
Was the fire incendiary? What accelerant was used?
Suspicious Designation: General Determination Factors
Rate of burning was not consistent with types of combustibles present in the location at the time of fire.
A person died as a result of the fire.
Origin of the fire is questionable or has multiple points.
Firefighters noticed odor of gasoline or other accelerant.
Cause was not readily determined.
Maintenance of the Fire Crime Scene
Determine the condition of the scene based upon firematic operations (body moved, debris removed, building collapsed, etc.).
Investigation at the Scene
Interview survivors as soon as possible.
Interview people with an interest in the fire, who may still be present at the scene while firefighters are working.
Interview firefighters who have first-hand knowledge of the conditions within the building.
Obtain information on all injured, evacuated, and relocated persons for interview.
Interview any ambulance, paramedic, or other emergency crews, including Red Cross personnel who assisted with operations.
Initiate an investigative canvass (see canvass technique, Chapter 4, Figure 4.4 and Figure 4.5).
Assign a fire investigator or arson expert to begin an origin/cause investigation at the scene to make an official determination of the fire incident.
Record the crime scene — conduct the crime scene search.
Examine the body.
Investigative considerations in arson cases:
Determine identity of the victim.
Was victim dead or alive?
Is victim face up or face down (usually when someone collapses, he falls face forward)?
Does the body evince "pugilistic attitude" (a boxing pose or fetal position caused by the effect of heat upon the muscles)?
Examine postmortem lividity (should be pink to cherry red due to the inhalation of carbon monoxide if the person was alive and breathing during fire).
Examine blistering (blisters surrounded by pink ring can be considered as having occurred before death). However, the medical examiner makes final call.
Determination of Arson
The determination of arson must be based upon expert opinion. This opinion is established after a careful review of the facts as well as being based upon the ability of the expert to "read the fire," which provides the investigator with the necessary legal basis for an arson determination and subsequent prosecution.
Sudden Infant Death Syndrome (SIDS)
Note: Investigators should be aware that some deaths which appear to be SIDS deaths may in fact turn out to be homicides. These homicides may be due to smothering or MSBP cases. In other cases, the injuries may be internal, so an external examination of the child may fail to reveal any trauma.
Investigative Checklist
Infant's pedigree:
Age, date of birth, sex, race, birth weight
Date and time that the death was discovered
Who was the last person to see the child alive? Date and time?
Who discovered the dead infant? Date and time?
What was the place of death?
Child's crib, bed, parent's bed, other location. Describe.
Position of the infant or child when found dead?
Was this original position changed? By whom? Why?
Was resuscitation attempted?
Name of person who attempted resuscitation
Method of resuscitation
Had the infant or child been sick lately?
Cold or sniffles?
Other minor or major illnesses?
Any medical treatment? What treatment prescribed?
Seeing a doctor? Treating physician's name?
Any medication? What type? Name and dosage?
Was the infant or child breast fed or bottle fed?
When was the time of last feeding?
What was fed to the infant/child?
Have the parents noticed any difference in the infant or child's appearance or behavior in the last few days?
When was the baby last examined by a physician? Why and by whom?
Was the baby exposed to any illnesses recently?
Had there been illness in the family recently?
Have there been any other SIDS deaths in the family?
If yes, take a complete history.
Was someone other than parent caring for infant or child?
Identification name and address, etc.
Ascertain whether any other infants or children have died under this person's care.
Note: The investigator should approach the parents in a sensitive and nonaccusatory manner and conduct the interview to obtain this information. If the death does appear to be a SIDS death, convey to the parents that they are not to blame and that there was nothing they could have done to prevent the death.
Munchausen Syndrome by Proxy (MSBP) Warning Signs
The illness is unexplained, prolonged, and so extraordinary that experienced doctors state that they have never seen anything like it before.
Repeat hospitalizations and extensive medical tests do not achieve a diagnosis.
Symptoms and signs do not make medical sense.
Victim persistently fails to respond to therapy.
Signs and symptoms dissipate when the victim is removed from the suspected offender.
Mother does not seem worried about the child's illnesses and is constantly at the child's side while in the hospital.
Mother has an unusually close relationship with the medical staff.
Family has other children labeled as SIDS children.
Mother has previous medical or nursing experience that often involves a history of the same type of illness as the child.
Parent welcomes medical test of the child, even if painful.
Parent attempts to convince the staff that the child is still ill, when advised that the child will be released from the hospital.
A "model family" that normally would be above suspicion.
Caretaker has a previous history of Munchausen syndrome.
Caretaker adamantly refuses to accept the suggestion that the diagnosis is nonmedical.
References
1. Geberth, V.J. Practical Homicide Investigation Checklist and Field Guide. Boca Raton, FL: CRC Press, 1996.
2. Geberth, V.J. Sex-Related Homicide and Death Investigation: Practical and Clinical Perspectives. Boca Raton, FL: CRC Press, 2003.
3. Hobson, L. Personal interview, August, 2004.
Selected Reading
Gardner, R.M. Practical Crime Scene Processing and Investigation. Boca Raton, FL: CRC Press, 2005.
Geberth, V.J. "Investigating a Suicide." Law and Order Magazine, 36(12), December, 1988.
Geberth, V.J. "Munchausen Syndrome by Proxy (MSBP) — An Investigative Perspective." Law and Order Magazine, 42(8), August, 1994.
Geberth, V.J. Practical Homicide Investigation: Tactics, Procedures, and Forensic Techniques. 3rd ed. Boca Raton, FL: CRC Press, 1996.
Geberth, V.J. "Sexual Asphyxia — The Phenomenon of Autoerotic Fatalities." Law and Order Magazine, 37(8), August, 1989.
Harris, R.I. Outline of Death Investigation. Springfield, IL: Charles C Thomas, 1962.
Hendrix, R.C. Investigation of Sudden and Violent Death. Springfield, IL: Charles C Thomas, 1972.
Hughes, D.J. Homicide Investigative Techniques. Springfield, IL: Charles C Thomas, 1974.
International Association of Chiefs of Police. Criminal Investigations. 2nd ed. Gaithersburg, MD, 1970.
O'Hara, C.E. Fundamentals of Criminal Investigation. 5th ed. Springfield, IL: Charles C Thomas, 1980.
Snyder, L. Homicide Investigation. 3rd ed. Springfield, IL: Charles C Thomas, 1977.
Soderman, H. and J.J. O'Connell. Modern Criminal Investigation. 5th ed. New York: Funk & Wagnalls, 1962.
Spitz, W.U. and R.S. Fisher. Medicolegal Investigation of Death. Springfield, IL: Charles C Thomas, 1973.
Svensson, A., O. Wendel, and B.A.J. Fisher. Techniques of Crime Scene Investigation. 3rd ed. New York: Elsevier North Holland, Inc., 1981.
Westen, P.B. and K.M. Wells. Criminal Investigation — Basic Perspectives. 2nd ed. Englewood Cliffs, NJ: Prentice Hall, Inc., 1974.
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