1. The Homicide Crime Scene
The homicide crime scene is, without a doubt, the most important crime scene to which a police officer or investigator will be called upon to respond. Because of the nature of the crime (death by violence or unnatural causes), the answer to "What has occurred?" can be determined only after a careful and intelligent examination of the crime scene and after the professional and medical evaluation of the various bits and pieces of evidence gathered by the criminal investigator. These bits and pieces may be in the form of trace evidence found at the scene, statements taken from suspects, direct eyewitness accounts, or autopsy results.
Homicide investigation is a highly professional and specialized undertaking which requires years of practical experience coupled with a process of continual education and training. However, homicide investigation is not the exclusive purview of the investigator, and all homicides are not solved because detectives are "smarter" than patrol officers. In fact, successful homicide investigation often depends on the initial actions taken by patrol officers responding to any given scene. Technically speaking, all police officers have a responsibility to actively and skillfully contribute to the crime-solving process.
Whether it be the dispatcher, who initially takes the call and obtains a crucial piece of information, or the officer in a patrol car, who responds to a "homicide run" and detains a key witness or suspect, the fact is that practical homicide investigation is based on the cooperation of patrol officers and detectives working together toward the common goal of solving the homicide.
The three basic principles involved in the initiation of an effective homicide investigation are as follows:
1. Rapid response to the homicide crime scene by patrol officers. This is imperative in order to protect evidentiary materials before they are destroyed, altered, or lost.
2. Anything and everything should be considered as evidence. Whether this evidence is physical or testimonial, it must be preserved, noted, and brought to the attention of the investigators. The only evidence collected at this point
1
of the investigation is eyewitness accounts or spontaneous statements of a suspect at the scene.
3. After the scene is secured, immediate and appropriate notification must be made to the homicide investigators.
The Five Components of Practical Homicide Investigation®
1. Teamwork
2. Documentation
3. Preservation
4. Common sense
5. Flexibility
In my opinion, teamwork is paramount to success. The investigation of sudden and violent death is NOT a one-person mission. The professional homicide detective must be willing to work as a team player who engenders cooperation by his or her conduct and behavior. Documentation is the hallmark of professionalism. "The facts and just the facts" are the basis of the official reports. Preservation of the crime scene and the integrity of the evidence cannot be overemphasized. The forensic aspects of the investigation and the ability to link the evidence to the suspect depend on effective preservation. Common sense and flexibility are necessary to adapt, improvise, and accomplish each of the previous objectives as you encounter the unexpected coupled with the dynamics of human behavior.
The importance of preserving the homicide crime scene and conducting an intelligent examination at the scene cannot be overemphasized. If a murder case ends in failure or an officer is embarrassed in court, the primary reason may very well be an inadequate examination of the homicide scene or a failure to implement good basic crime scene procedures as outlined in this text and the protocols as specified in the Practical Homicide Investigation Checklist and Field Guide (see Selected Reading at the end of this chapter). Many major police departments with which I have consulted have implemented the checklist and field guide into their patrol and detective operations. Each patrol supervisor's unit as well as every detective responder has a copy. This puts everyone "on the same page" at the crime scene and assures that a proper and complete investigation is undertaken.
The Crime Scene
The investigation of homicide usually starts at the point where the body is originally found. This location is referred to as the primary crime scene. This term characterizes the significance of this location and is the immediate concern of responding police officials to this forensically critical area in death investigations.
Figure 1.1 Practical Homicide Investigation Checklist and Field Guide.
The term primary crime scene is sometimes mistakenly used to describe where the original event may have occurred based on the dictionary definition of primary as having occurred first in the development and/or time of an event. For instance, if the person was not killed at the location where the body was found, the location might be erroneously referred to as the secondary crime scene. Such an analytical interpretation might very well be appropriate for some speculative concept in the clinical sense. However, a more practical strategy is to focus your investigative resources on the location where the body was found. This is where most of the evidence will be retrieved.
In practical homicide investigation, we understand that there may be one or more crime scenes in addition to the location where the body is found. These additional crime scenes may include:
Where the body was moved from
Where the actual assault leading to death took place
Where any physical or trace evidence connected with the crime is discovered (this may include parts of the body)
A vehicle used to transport the body to where it is eventually found
Still other areas related to the primary crime scene include the point of forced entry, the route of escape, the suspect (clothing, hands, and body), and the suspect's residence. It is important that responding police officers be aware of this multiple crime scene possibility. Therefore, during the initial receipt of information by the police concerning a possible homicide, the officer should attempt to ascertain the exact location of the situation requiring police investigation and possible additional locations that may need coverage.
At the Crime Scene
Any item can and may constitute physical evidence; therefore, it is imperative that nothing be touched or moved at the scene before the arrival of the investigators. If the need arises that something at the scene be immediately secured or removed before it is destroyed or lost, the officer handling the evidence must document its location, appearance, condition, and any other feature that might affect the investigation. The officer must be sure to inform the homicide detective of the item's original position so that it does not lose its evidentiary value.
The crime scene, especially in homicide cases, is proof that a crime has been committed. It often contains many or all of the elements of the corpus delicti and provides an abundance of physical evidence that may connect a suspect or suspects to the crime.
Remember: Once an item of evidence has been moved or altered, it is impossible to restore it to its original position or condition.
Therefore, I stress the importance of protecting and preserving the crime scene.
The Homicide Investigation Starts at the Crime Scene
The reasons the homicide investigation starts at the primary crime scene are twofold:
1. The police are usually called to this location by the person who discovers the body, a witness to the crime, or in some instances, the victim.
2. In homicide cases, the location where the body is discovered yields an abundance of physical evidence and serves as a base of inquiry.
From an investigative point of view, the body and its surroundings (including associative evidence and other factors unique to any specific crime) provide the professional homicide detective with significant information on which to base an investigation. For example, an intelligent examination of the scene may reveal the identity of the victim, the approximate time of death, and important evidence and/or clues to the circumstances of the death.
There is a principle that in homicide investigation refers to a theoretical exchange between two objects that have been in contact with one another. This theory of transfer or exchange is based on the following facts:
Figure 1.2 CRIME SCENE — BASIC DEATH INVESTIGATION. Observe the partially clad body of a female. It is important to note that, in the early stages of a death investigation, you cannot be sure of anything. (From the author's files.)
1. The perpetrator will take away traces of the victim and the scene.
2. The victim will retain traces of the perpetrator and may leave traces of himself on the perpetrator.
3. The perpetrator will leave traces of himself at the scene.
It is important to repeat that anything and everything may eventually become evidence. The list of items that may constitute physical and/or testimonial evidence is as extensive as the number, type, and causes of homicide. Whether it be the res gestae utterances of the suspect murderer at the scene or an important piece of trace evidence, the fact remains that where the body was found — the primary crime scene — is the logical and proper point to start the murder investigation.
Determining the Dimensions of the Homicide Crime Scene
The cardinal rule in homicide cases is to protect and preserve the crime scene. However, before a crime scene can be protected, it must be identified as such. In order for the officer to make an intelligent evaluation of the crime scene, he must have an idea of what constitutes physical evidence and where the boundaries of the
Figure 1.3 CRIME SCENE — BASIC DEATH INVESTIGATION. This apparent case of a sex slaying is actually a natural death due to a ruptured aneurysm. The deceased had been in bed with her married boyfriend when she suddenly passed out. He had placed her on the floor and tried to resuscitate her before attempting to dress her. He called 911 before quickly leaving the apartment. (From the author's files.)
scene should be established in order to protect the evidence. Some examples of physical evidence that may be found at the crime scene are listed next. Although the list does not include all types of evidence, these are the three types most frequently found at the homicide crime scene.
Objects Body Materials Impressions
Weapons Blood Fingerprints
Tools Semen Tire tracks
Firearms Hair Footprints
Displaced furniture Tissue Palm prints
Notes, letters, or papers Spittle Tool marks
Bullets Urine Bullet holes
Vehicles Feces Newly damaged areas
Cigarette/cigar butts Vomit Dents and breaks
The patrol officer, who has the duty of responding to the scene as quickly as possible, begins the investigation by securing the immediate area. Upon confirming that the victim is dead, an assessment is then made by this officer to determine boundaries.
Figure 1.4 FIRE SCENE. Observe a victim who has died in a fire. Apparently, the victim was lying in his bed when he was overcome. Notice the deep charring and splitting of the skin. Although this is a typical fire death scene, the cause of death should not be assumed until the pathologist has made a careful examination of the deceased. In fact, this was a typical fire death case. Many times arson is used to cover up a homicide; therefore, the immediate concern of the investigator at such cases should be the scene examination. (From the author's files.)
(A)
(B)
Figure 1.5 STAGED CRIME SCENE — FIRE USED TO COVER UP MURDER. The offender killed the woman by multiple stab wounds and then doused the body with flammable liquid to cover up the murder. (A) The charred skin hid the wounds. (B) Autopsy photograph shows the location of the stab wounds through the chest plate. (Courtesy of Dr. Leslie I. Lukash, former Chief Medical Examiner, Nassau County, New York.)
Technically speaking, the homicide crime scene begins at the point where the suspect changed intent into action. It continues through the escape route and includes any location where physical or trace evidence may be located. However, according to Practical Homicide Investigation, the primary crime scene is always the location where the body is discovered. Practically speaking, at this stage of the investigation, it is next to impossible to know the exact boundaries of the scene or where the original event occurred. The best course of action for the officer is as follows:
1. Clear the largest area possible. The scene can always be narrowed later.
2. Make a quick and objective evaluation of the scene based on
a. Location of the body
b. Presence of any physical evidence
c. Eyewitness statements
d. Presence of natural boundaries (a room, a house, a hallway, an enclosedpark, etc.)
3. Keep in mind the possibility of multiple crime scenes.
If the crime scene is indoors, the job of making this determination and securing the area is relatively easy to accomplish. If the scene is outdoors, the determination will need to be based on the type of location, pedestrian and vehicular traffic, crowds, paths of entry and exit, weather conditions, and many other factors peculiar to that specific location.
In any event, the first officer should not examine the contents of the scene. He should, however, stabilize the scene by isolating the body and immediate area, including any visible evidence, from all other persons.
Protecting the Crime Scene
The homicide crime scene must be protected from entry by unnecessary or unauthorized persons so that physical evidence will not be altered, moved, destroyed, lost, or contaminated. Other police officers, including supervisory personnel, who do not have a specific or valid reason for being at the crime scene should be regarded as unauthorized persons.
Probably no other aspect of homicide investigation is more open to error than the preservation and protection of the crime scene. The first official acts taken at the scene will help to bring the investigation to a successful conclusion or will negatively affect the entire investigation and the eventual prosecution of the case. Therefore, it is incumbent upon the first officer arriving at the scene to perform this first and necessary aspect of the investigation: safeguard the location as quickly and as effectively as possible. (See Chapter 2 section, "First Officer's Duties on Arrival at the Scene.")
The first police official to arrive at the crime scene is usually the patrol officer, the agency's primary crime-fighting tool, who is expected to respond immediately to any incident where there is a report of a crime or an opportunity to apprehend
Figure 1.6 CRIME SCENE. The victim was stabbed and beaten. There is evidence of a struggle: the apartment is in disarray with various broken objects strewn about the room, and blood has been splattered around the room. (Courtesy of Detective Morris Hill, Warren, Ohio, Police Department.)
a criminal. The patrol officer is also the department's representative, responsible for conducting the preliminary investigation, which begins when the officer arrives at the scene. In homicide cases, the responding officer's duties in the preliminary investigation may simply be to arrive at the scene, observe enough to know that assistance from investigators is required, and protect the scene so that evidence is not destroyed or changed.
Figure 1.7 CRIME SCENE BARRIER TAPE. Crime scene barrier tape is the most effective manner to quickly secure a crime scene area, which is restricted to authorized personnel only. (Compliments of Sirchie® Fingerprint Laboratory, Inc. www. sirchie.com.)
Figure 1.8 BARRIER TAPE ILLUSTRATION. (Compliments of Sirchie Fingerprint Laboratory, Inc. www.sirchie.com.)
Scene protection may be as simple as closing a door to the room where the body is discovered or as complex as roping off an area of several blocks. There is no definite method or rule for establishing the boundaries of all crime scenes at first glance. As information becomes available at the scene, various other locations may also need to be secured in order to retrieve important physical and trace evidence.
Many times I have been at the scene of a homicide in one location and (as a result of information developed from witnesses or evidence located at the primary scene) had to immediately secure a second and third location, a vehicle, and even a building's fire escape and alleyway used as an escape route by the perpetrator. Obviously, the best places for obtaining physical evidence are nearest to where the critical act occurred, such as in the immediate vicinity of the victim. That is why I stress the significance of the primary crime scene. However, other areas related to this primary crime scene should not be overlooked — for example:
The point of forced entry
The route of escape
The suspect (i.e., clothing, hands, body, etc.)
The location of the weapon or other physical evidence
A vehicle used in the crime
The suspect's residence
The location where the assault leading to death took place
The location from which the body was moved
The list of locations that may need protection from contamination is as extensive as the crime is complex.
The scene should be secured by the use of ropes, barricades, autos, additional officers, and even volunteers from the crowd if necessary. The use of crime scene cards and reflective crime scene ribbon can be effective scene indicators. However, the
Figure 1.9 HOMICIDE CRIME SCENE — GUNSHOT VICTIM. This victim was gunned down by robbers and died instantly at the scene. Notice the profuse bleeding from the head wound. (From the author's files.)
presence of a uniformed officer is essential in order to reinforce scene protection during this phase of the investigation.
Once all injured persons and the deceased have been attended to and all emergency conditions cleared up (such as extinguishing fires, removing hostages in barricade situations, clearing any crowds, taking the suspect into custody), the officers who have secured the scene should review their actions and make adjustments to provide for the safeguarding of any additional evidence that may have been overlooked during those first critical moments.
The police officer or criminal investigator endeavoring to protect and preserve the homicide crime scene will find that he or she faces a number of obstacles. It is impossible to list all the conceivable events that may occur at any given scene. However, five basic factors or "scene contaminators" seem to crop up at almost every crime scene. By themselves or in combination with other events, these factors can create problems and do irreparable damage to the scene:
Weather. This factor, especially if the scene is outdoors, can create serious problems in that much of the physical evidence — for example, the body, blood, other body fluids, and residues — is subject to change and/or erasure by rain, snow, wind, direct sunlight, and extreme temperature.
Figure 1.10A BASIC DEATH INVESTIGATION — OUTDOOR SCENE. Investigators must be cautious each time they are presented with a death investigation. No one can be sure at the start whether the deceased is the victim of a homicide or the death is due to other causes. In some instances, preliminary examination of the body and scene will indicate conclusive evidence of murder. However, in a case like the one shown, all you know for sure is that you have a dead body in the woods. (From the author's files.)
Relatives and friends of the victim. They may be so sickened by the sight of the scene that they begin to clean up and put things back where they "belong." They are also capable of destroying and secreting any notes or evidence of suicide in order to "protect" the family name.
Suspects or associates. They may attempt to destroy or remove incriminating evidence. It is important to note that if a suspect is taken into custody a short distance away from the scene, he should not be returned to the actual crime scene. He may contaminate the scene by adding something to it or, more importantly, negate the value of any trace evidence originally imparted by him or to him from the scene.
Curious onlookers, souvenir collectors, ordinary thieves. This group encompasses those at the scene out of curiosity or a desire to steal or to take something as a souvenir. They can introduce confusing fingerprints, alter the condition of the scene, add to crowd control problems, and in many instances, steal pieces of evidence. (During my homicide assignment in the South Bronx, we often used to joke
Figure 1.10B OUTDOOR SCENE — NATURAL DEATH. In this case, the homeless woman fell asleep in the woods after drinking. The weather suddenly changed to severe cold and she died a natural death due to exposure (hypothermia). The deceased, an outpatient from a mental institution, had apparently been drinking in the woods and fallen asleep. The elements eventually took effect and she died. (From the author's files.)
Figure 1.10C OUTDOOR SCENE — NATURAL DEATH. An empty whiskey bottle was found underneath the body, and there was no evidence of assault. After autopsy this death was determined to be of natural causes. However, the scene examination is vitally important to the pathologist so that the findings can be compared with evidence found at the scene. (From the author's files.)
Figure 1.11 OUTDOOR SCENE. Here you see the body of a female who has been dumped in the woods. A preliminary examination of the victim indicated that she had been shot in the head and body. At first this was thought to be a domestic violence case until her identification indicated that she was a drug mule. (From the author's files.)
Figure 1.12
of how a murder weapon could never be heard to hit the ground in the Bronx because so many would-be felons were on hand to catch it.)
Other members of police agencies and high-ranking officials. They usually are not assigned to the case, but come along to "help." In my opinion, this is the biggest problem encountered in protection of the crime scene because
1. They usually contaminate or destroy valuable trace evidence because they do not know what they are doing or because they get in the way.
2. Police officers are naturally curious. However, this curiosity can prove very disadvantageous at the homicide crime scene. Sometimes, for no other reason than "to get a better look at the body," inquisitive officers will unnecessarily walk into the secured area to render their "unofficial diagnoses of death." From my point of view, there is no reason for 10 or 15 additional police medical opinions. Many times, items of trace evidence thought to be valuable physical evidence turn out to be something left by police officers who were present at the scene and were smoking, running water, etc.
3. The mere presence of additional police officers just standing around or leaning against some vehicle or doorway may grind valuable trace evidence into the ground or carpet or may smear a print.
4. Last, but certainly not least in the "hit parade" of scene contaminators, is the high-ranking police official. It is important to note that rank does not preclude scene contamination. Even though some of these misguided officials think they are able to "walk on water," the fact is that they are just as capable of messing up the scene as the lowest ranking police officer who unintentionally walks through. Many times, especially if the case is sensational or noteworthy, high-ranking officials such as the mayor, chief of police, fire chiefs, judges, and even the chief prosecutor may appear on the scene. They
Figure 1.12 (See facing page.) BASIC DEATH INVESTIGATION — CRIME SCENE. Here you can see the body of a male whose pants are apparently pulled down to the knees and who has bruises on the face and arms. The body is in a position suggesting that it was dumped at the location. Ironically, this is not a homicide; in fact, the deceased is actually the "bad guy" in the scenario. Investigation revealed that the deceased, accompanied by another, was a ripoff artist; they worked the local lovers' lane, which was under a major suspension bridge. Their particular M.O. was as follows. After couples parked their cars, these two characters would suddenly appear on each side of the car and, at gunpoint, order the occupants out and rob them. The night before the body was found, they had robbed at least two couples. On their last ripoff, they selected a foursome. Not satisfied with just robbing them, they decided to bully the two males. However, the two would-be victims wrested the guns from the bad guys and gave chase in the darkened park. The deceased and his partner made it to the bridge and began running against traffic to the other side. About midway, the decedent decided to jump onto what he believed was a walkway. Instead of a walkway, he found air and fell about 200 feet down to where the body was discovered. The two couples who were robbed, unaware of this event, reported the robbery attempt to the police and submitted the guns they had taken. Later, police questioned the dead man's partner, who showed up at a local hospital with a bullet wound he had received during the abortive robbery, and all the pieces began to fall together.
(From the author's files.)
are usually there to "assist" in operations, but their "assistance" and overall contribution to scene preservation are usually less than helpful. If you are lucky, you may be able to divert them to an area outside the crime scene or to the command post, or you may gain their cooperation by asking, in the interests of protecting the scene, that they keep everyone out. In any event, tact will definitely be required in these situations.
I remember one particularly obnoxious chief who epitomized the "Peter principle" of bureaucracy, hypocrisy, and incompetence. He had never been a detective and did not have any experience in murder investigations. However, he actually believed that his position and rank in the organization provided him with knowledge and intelligence far superior to any of his subordinates. In order to demonstrate his proficiency and unrivaled detective skills, he would race the detectives to the crime scene in order to be there first. He traipsed through crime scenes like a large blue elephant, contaminating and destroying any evidence in his path. In fact, whenever any good latent print evidence was found at the scene, it usually belonged to the chief. Detectives found his footprints in blood, which indicated that he had walked through the blood before the scene could be safeguarded; his palm print at a rape murder; and his fingerprints on guns at two separate incidents, one involving the murder of a police officer. We were finally able to "get a leash" on him by convincing the district attorney to threaten him with a subpoena. The threat of a subpoena and having to testify to his incompetence coupled with the homicide crime scene sign-in sheet proved to be an effective tactic in securing the preservation of the crime scene. (See the following section on the crime scene sign-in sheet.)
The primary objective in this phase of the investigation is to preserve the body and immediate surrounding area exactly as they were when the body was discovered.
Remember: Although the protection of the crime scene is the responsibility of the first officer, all officers responding to and arriving at the scene have an equal responsibility in this duty.
Realistically speaking, various units and additional personnel respond to homicide crime scenes. The toughest job confronting the first officers is the effective safeguarding of the crime scene from these additional police officers, emergency services people, and other officials. Obviously, certain personnel must enter the crime scene in connection with their official duties.
The Crime Scene Sign-In Sheet
The Crime Scene Sign-In Sheet (see Figure 1.13) has proven to be an effective tactic in securing the preservation of the crime scene. The fundamental objective in this phase of the investigation is to preserve the body and immediate surrounding area, or the primary crime scene, exactly as they were when the body was discovered.
Figure 1.13 CRIME SCENE SIGN-IN SHEET. (From the author's files.)
The first officers, who are safeguarding the crime scene, should identify and document the presence of these officials by maintaining a crime scene sign-in procedure to assure crime scene integrity and prevent unauthorized personnel from engaging in what I refer to as "crime scene sightseeing." During my 40 years of police and homicide investigation experience, I have come to realize that "if anything can go wrong, it will go wrong at the crime scene." This is especially true at incidents that receive an inordinate amount of media attention. It seems as if every official and his or her brother and/or sister feel the need to show their presence at the scene.
My solution to this often impossible situation is quite simple: I suggest that the officers establish two crime scenes.
1. The first or primary crime scene is the location where the body was found or where the actual event occurred or the area where you expect to recover physical evidence. This is the real crime scene.
2. The second or secure area crime scene is an area set aside from the general public. This allows all those special dignitaries and high-ranking guests who arrive an opportunity to violate at least one police line in order to establish their importance. It will also serve to keep them within an area where they will be out of the way of actual crime scene operations and precludes any further contamination by official presence. This can be called a "security zone."
The Preliminary Investigation at the Primary Crime Scene
When the investigator arrives at the primary scene, the first responsibility is to verify the condition of the victim and then assure that the primary crime scene is intact. Basically, this action is to reinforce the first officer's duty to assure crime scene protection. This is usually accomplished during the preliminary "walkthrough" as the first officer provides all of the information ascertained since his or her arrival and during the crime scene protection phase, as discussed earlier.
This preliminary walk-through is critical because it furnishes the investigator with a sense of the event. Prior to the walk-through, the investigator should stop and observe the area as a whole, noting everything possible before entering the actual crime scene for detailed examination. The purpose of this procedure is to establish an overview of the surrounding area and allow for recall of similar conditions and/or circumstances that the investigator has previously encountered. It is during this preliminary phase that the investigator is able to evaluate the scene and surrounding area to establish
• Consistencies and inconsistencies crucial to the direction of the investigation • Additional areas which may require protection
• The presence of any fragile evidence which may require immediate collection • Chain of custody of any evidence retrieved during the scene protection phase
Probably, the most important aspect of the primary crime scene is that of the presentation. The condition, location, and position of the body in relation to the actual crime scene usually provide the experienced homicide detective with crucial information about the event, which allows for early investigative hypotheses and assists in validating consistency or confirming inconsistency. Was the person killed here or was the body dumped here? This is especially important in equivocal death investigations and staged crime scenes or where the death is suspicious or questionable based upon what is presented to the authorities.
Victimology
One of the most significant factors to consider in death investigation is victimology. Throughout this textbook, I will reference this term as it pertains to suicide and homicide investigations and its significance in ascertaining motives, suspects, and risk factors. Risk factors are generally regarded as high, moderate, or low and are based on the lifestyle, neighborhood, occupation, or any specific circumstance that may occur in a person's life.
Victimology is the collection and assessment of all significant information as it relates to the victim and his or her lifestyle. Personality, employment, education, friends, habits, hobbies, marital status, relationships, dating history, sexuality, reputation, criminal record, history of alcohol or drugs, physical condition, and neighborhood of residence are all pieces of the mosaic that comprises victimology. The bottom line is "Who was the victim and what was going on in his or her life at the time of the event?" The best sources of information will be friends, family, associates, and neighbors, and that will be the initial focus of the investigation as you attempt to identify these sources of information.
Victimology assessment begins at the crime scene as the detective observes and records information about the victim and the circumstances surrounding the event. Personal records, which include telephone and e-mail address books, telephone answering machines, cell phones, cell phone contact lists, PDAs, diaries, letters, and correspondence, are generally available in the residence or home of the victim. If the victim had a computer, further information from the hard drive will reveal additional files, e-mails, Web site selections, phone records, and calendars.
The residence or home will provide additional information about the victim's lifestyle. I have been to a number of crime scenes in my career and I continue to be amazed at how much you can learn about a person and his lifestyle as you catalog the scene and review personal belongings, photographs, and private collections of various materials. Books, games, clothing and outfits, sex toys, videotapes, pornographic magazines, and sexual paraphernalia are just some of the items that might be encountered.
At a homicide scene, the first persons who will be interviewed during the canvass will be the neighbors of the victim. A canvass is a door-to-door, roadblock inquiry or brief interview with persons on the street by which detectives attempt to gain information about a specific incident. It is an important investigative tool and a vital part of the preliminary investigation at the homicide crime scene. Neighbors are an excellent source of information about the neighborhood and the habits of the victim. Most people do not realize how much their neighbors know about them and the excellent information they can provide about a victim and neighborhood.
Family, friends, and associates can provide personal information about the victim and will assist the investigator with piecing together the scene information with the behaviors of the victim. Was the victim having any problems? Had the victim recently expressed any fears? Had the victim made any complaints about persons, personal situations, or fellow workers? Did the victim express any concerns about his or her security? Was the victim in a relationship?
"What took place?" "Why did it occur?" and "Who could have done it?" are three general questions that homicide cops consider in an investigation. Ascertaining the victimology is the key to any successful death investigation. I have often said, "The homicide cop learns more about the victim than the victim knew about himself or herself." In order to conduct a professional inquiry and provide a comprehensive investigative analysis, a thorough victimology is paramount to the investigation.
Equivocal Death Investigations
Equivocal death investigations are inquiries that are open to interpretation. There may be two or more meanings and the case may present as a homicide or a suicide depending upon the circumstances. The facts are purposefully vague or misleading as in the case of a staged crime scene, or the death is suspicious or questionable based upon what is presented to the authorities. These deaths may resemble homicides or suicides, accidents or naturals. They are open to interpretation pending further information of the facts, the victimology, and the circumstances of the event.
The Staged Crime Scene
Introduction
The purpose of this section is to alert investigators to the phenomenon of the staged crime scene. "Staging" a scene occurs when the perpetrator purposely alters the crime scene to mislead the authorities and/or redirect the investigation. Staging is a conscious criminal action on the part of an offender to thwart an investigation. The term staging should not be used to describe the actions of surviving family members who cover or dress a loved one who is found nude or has died in an embarrassing situation. These activities are certainly understandable considering the shock experienced by a relative who encounters the sudden and violent death of a loved one.
In my experience investigating suspicious deaths, I have often had a "gut" feeling that something was amiss. Practically speaking, if you have a "gut" feeling that something is wrong, then, guess what? Something is wrong. Actually, that "gut" feeling is your subconscious reaction to the presentation, which should alert you to the possibility that things are not always what they appear to be. This position is consistent with equivocal death investigations.
Remember: Things are not always what they appear to be.
In staged crime scenes, however, the presentation of the homicide victim and the manipulation of the crime scene by a clever offender could make the death appear to be a suicide. I have investigated many such cases and the truth is that initially, the cases did look like suicides.
Types of Crime Scene Staging
1. The most common type of staging occurs when the perpetrator changes elements of the scene to make the death appear to be a suicide or accident in order to cover up a murder (Case History Number 1; also, see Chapter 22, "Equivocal Death Investigation").
2. The second most common type of staging is when the perpetrator attempts to redirect the investigation by making the crime appear to be a sex-related homicide (Case History Numbers 2 and 3).
3. Arson represents another type of staging. The offender purposely torches the crime scene to destroy evidence or make the death appear to be the result of an accidental fire.
Example of Homicide Made to Appear an Accident
Case History Number 1
Police were summoned to a home of a woman who reported that there had been a shooting. The victim, a 26-year-old white male, was a friend of the woman. He had been watching the woman's children while she went out drinking with a couple of other males. When the police arrived, they observed the victim sitting on the living room couch, with a gun cradled in his right hand. The victim's right thumb was inside the trigger guard. He had suffered a bullet wound to the left side of his nose and the exit wound was in the upper part of the back of the head. The magazine for the gun had been removed and the ejected shell casing was approximately 6 feet away from where the victim sat. An examination of the wound structure indicated no stippling or soot on the wound; there was no evidence of blowback in the barrel of the gun.
The police were informed by the two males that the deceased had been "playing" with the gun, which belonged to one of the reporting males, and had accidentally shot himself in the face. A uniform lieutenant in charge of the scene decided that there was not any need for detective response. His decision was based on an administrative policy which discouraged overtime. Rather than authorize overtime response for investigators, he had the case classified as an accidental shooting.
The next day, the homicide detectives reviewed the case and examined the crime scene photographs. Their opinion was that the circumstances as described by the reporting officer and witnesses were not consistent with the elements of the crime scene. They initiated an investigation and tested the suspected weapon, which revealed that the gun (A)
Figure 1.14 STAGED CRIME SCENE — MURDER MADE TO APPEAR AN ACCIDENTAL
SHOOTING. (A) Victim's original position when police arrived. (B) Close-up of victim's face showing entrance wound. (C) Close-up of victim's hands with gun in right hand. (Courtesy of retired Detective Michael J. O'Malley, Homicide Unit, Cleveland Police Department.)
must have been fired at least 42 inches away from the deceased's face. The discharged rounds did not eject, but had to be manually removed from the breech. Removing the magazine required both hands. Gunshot residue testing (GSR) of the deceased's hands proved negative.
The investigators reinterviewed the woman and the reporting witnesses. The males were confronted with the facts of the case as well as their inconsistent statements. It was learned that all of the parties had been drinking. A gun was pulled out by one of the males, who stated that the gun had accidentally discharged hitting the victim in the face. They had panicked and decided to make it appear that the deceased had shot himself.
(B)
(C)
Figure 1.14 Continued.
After they "staged" the scene, they called the police and the ambulance. Both subjects were charged with murder. They were indicted for involuntary manslaughter. The male who had done the shooting pled guilty to manslaughter and weapon possession.
Examples of a Homicide Made to Appear Sex Related
Case History Number 2
Police were summoned to a home by a frantic male who reported that he had been attacked by a man with a knife, who had killed his wife. When police arrived, they were led into the house by the man, who showed them his wife's body in the basement. He
(A) (B)
(C)
Figure 1.15 STAGED CRIME SCENE — MURDER MADE TO APPEAR AS A BURGLARY AND SEX-RELATED HOMICIDE COMMITTED BY A STRANGER. (A) Shows objects thrown onto floor supposedly indicating a burglary. The victim was been stabbed and slashed multiple times with a number of stab wounds into the chest. The body has been moved and positioned to suggest a sexual assault. (B) The subject had torn the victim's pants and had exposed her pubic area to make the crime appear to be a sexual assault. In addition, he had placed an unused condom between her legs to mislead police into believing that the attack was sex related. (C) An incised injury to the right finger of the suspect, who cut himself during the vicious attack on his wife. In fact, he deposited his blood on the victim's right leg while he was staging the scene. (Courtesy of retired Investigator Jack Henander, Larimer County, Colorado, Sheriff's Department.)
indicated that he had also been injured and showed the officers some superficial cuts and puncture wounds on his body. The man was transferred to the emergency room of the local hospital for treatment. The crime scene extended from outside the house to the basement. The female victim, who had received multiple stab wounds, was found lying on her back. Her pants had been ripped open and her panties had been pulled down to reveal her pubic area. Her sanitary napkin was pulled away and between her legs the crime scene officers retrieved an unused condom. The male had stated that he had surprised the intruder when he had come home from jogging. The male showed the officers evidence of a "burglary." The burglary consisted of items being tossed on the floor and perfume bottles being turned over on the dresser in the master bedroom. However, nothing was missing.
Although the presentation of the female body in the crime scene suggested a sexual attack, the circumstances of the event as well as the inconsistent statements of the husband indicated this murder to be based on an interpersonal-oriented dispute and assault scenario.
The blood evidence at the scene indicated the attack had been initiated outside and continued into the house. The deceased had apparently been taken by surprise as she was working outside. She received stab wounds to the top of her head and face. The blood evidence also indicated that she had attempted to flee into the house to escape.
Detectives used Luminol throughout the crime scene and located a number of areas which indicated that blood had been present or someone had "cleaned up" blood. Blood evidence was collected from the bathroom, office, master bedroom, stairwell, and basement. The majority of blood found in upstairs area belonged to the husband. The majority of blood found in the basement belonged to the victim. The husband had attempted to make the crime appear to be a sexual assault by ripping open her pants and placing a condom between her legs. However, when he ripped her panties, he left a drop of his own blood from his cut pinky finger on her leg.
The husband was charged with his wife's murder based on the police investigation as well as the blood evidence and DNA testing. This case is presented in detail in my textbook, Sex-Related Homicide and Death Investigation: Practical and Clinical Perspectives.
Case History Number 3
The police were summoned to an apartment when friends of the deceased recounted that she had failed to report for work. Police entered the apartment and discovered the nude body of the 27-year-old victim lying on the bedroom floor. Her pants and panties had been pulled down and her blouse was in disarray. A hairbrush had been inserted into her vagina. She had been beaten and strangled to death with a ligature, which was not present in the scene. A review of the crime scene indicated that someone had gone through the dresser drawers and closets, suggesting a burglary. The victim's clothes were found scattered across the floor and the contents of the drawers were spilled out on the bed. There had been no forced entry, suggesting the victim had allowed the person into her apartment.
A check into the victimology indicated that the young woman was a divorcee who had left an abusive marriage. She had enrolled in a nursing program and had recently received her nurse certification. She had been dating since her divorce but did not have a steady boyfriend. The police investigation indicated that the crime scene had been staged to suggest a burglary. However, nothing of value was missing. There had been no sexual (A) (B)
Figure 1.16 STAGED CRIME SCENE — SEX-RELATED HOMICIDE–INTERPERSONAL VIO-
LENCE. (A) At first impression, the hairbrush might be considered an item to sexually abuse the victim or a form of penis substitution. In fact, the hairbrush had been jammed into the vagina after the victim was strangled to death. (B) The case was actually an interpersonal dispute between the victim and her former husband, who jammed the hairbrush into his ex-wife's vagina in a fit of rage. He then staged the crime scene to make it appear a burglary and sex-related murder. (From the author's files.)
assault. However, the insertion of the hairbrush into her vagina certainly indicated an anger and rage consistent with an interpersonal-oriented dispute and assault.
The former husband emerged as the most promising suspect after the detectives were able to break his alibi. He had convinced his current girlfriend to provide him with an alibi. He had gone to his former wife's apartment in an attempt to reconcile with her. When she refused his entreaty, he killed her in anger. He left the apartment and returned 24 hours later. At that time, he placed the hairbrush into her vagina and staged the crime scene to make it appear that a burglar had entered the location, sexually attacked the young woman, and then ransacked the apartment.
Conclusion
The responding patrol officer and the detective investigator are faced with a crime of the utmost gravity. Homicides entail many possible motives and methods as well as a variety of types of physical evidence. The time-proven principles of practical homicide investigation, which have been presented within this chapter, illustrate the importance of the proper and professional handling of the homicide crime scene by the police authorities.
Remember: Do it right the first time. You only get one chance.
Furthermore, the death investigator needs to be cognizant of the possibility that a crime scene may in fact be "staged" to mislead the authorities and/or redirect the investigation. In my experience and travels as a homicide and forensic consultant, I have encountered a number of these incidents in various jurisdictions across the United States. These events seem to be on the increase as people learn more about the process of death investigation through the media, true crime books, television mystery shows, and movies.
Investigative Strategies
Take each factor to its ultimate conclusion:
1. Assess the victimology of the deceased.
2. Evaluate the types of injuries and wounds of the victim in connection with the type of weapon employed.
3. Conduct the necessary forensic examinations to establish and ascertain the facts of the case.
4. Conduct an examination of the weapon(s) for latent evidence, as well as ballistics and testing of firearms.
5. Evaluate the behavior of the victim and suspects.
6. Establish a profile of the victim through interviews of friends and relatives.
7. Reconstruct and evaluate the event.
8. Compare investigative findings with the medicolegal autopsy and confer with the medical examiner.
9. Corroborate statements with evidential facts.
10. Conduct and process all death investigations as if they were homicide cases.
Selected Reading
Geberth, V.J. Practical Homicide Investigation: Tactics, Procedures, and Forensic Techniques. 3rd ed. Boca Raton, FL: CRC Press, 1996.
Geberth, V.J. Practical Homicide Investigation Checklist and Field Guide. Boca Raton, FL: CRC Press, 1996.
Geberth, V.J. "The Staged Crime Scene." Law and Order Magazine, 44(2), February, 1996.
Geberth, V.J. "The Homicide Crime Scene." Law and Order Magazine, 51(11), November, 2003.
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