Criminal InvestigationsCriminal Investigations

CJ210 Prof. Andy McIntoshCJ210 Prof. Andy McIntosh

Death InvestigationsDeath Investigations

Death InvestigationsDeath Investigations

Homicide:Homicide:

The Killing of one human being by The Killing of one human being by another.another.

There are several different categories There are several different categories that these types of cases are broken that these types of cases are broken down into.down into.

All death investigations should be All death investigations should be treated as a homicide until determined treated as a homicide until determined otherwise.otherwise.

Death InvestigationsDeath Investigations

Justifiable Homicide – The lawful killing of Justifiable Homicide – The lawful killing of another. another. Examples: Execution by state. Law Examples: Execution by state. Law

Enforcement kills the suspect who is Enforcement kills the suspect who is armed.armed.

Excusable Homicide – The killing of a person Excusable Homicide – The killing of a person by another without negligence or intent.by another without negligence or intent. Example: Hunter mistakes another hunter Example: Hunter mistakes another hunter

for a deer.for a deer. Suicide – The taking of one’s own life.Suicide – The taking of one’s own life.

Death InvestigationsDeath Investigations

Criminal Homicide – 2 typesCriminal Homicide – 2 types Murder - The killing of one human by Murder - The killing of one human by

another with malice aforethought (the another with malice aforethought (the killer thought about it before they did it, killer thought about it before they did it, had intent).had intent).

Felony Murder – The killing of another by a Felony Murder – The killing of another by a person who was in the process of committing person who was in the process of committing another crime. (Convenience Store Robbery).another crime. (Convenience Store Robbery).

Manslaughter – The unlawful killing of Manslaughter – The unlawful killing of another without intent. another without intent.

Homicide InvestigationHomicide Investigation

Waltham, Massachusetts December, Waltham, Massachusetts December, 1989.1989.

Police respond to an urban multi Police respond to an urban multi family home located in a middle class family home located in a middle class neighborhood. Time About 9:30am.neighborhood. Time About 9:30am.

The call is for a woman who has been The call is for a woman who has been stabbed.stabbed.

Police arrive in about 2 minutes of call Police arrive in about 2 minutes of call with an ambulance. with an ambulance.

Homicide CaseHomicide Case

The victim:The victim: Gilberta Harvey. Gilberta Harvey. W/F , W/F , 78 YOA.78 YOA. Mother of 7 ChildrenMother of 7 Children Lived at scene of crime.Lived at scene of crime. Retired GrandmotherRetired Grandmother Quiet street with little violent crimeQuiet street with little violent crime Lived by herself. Well known to Lived by herself. Well known to

neighbors.neighbors.

Homicide CaseHomicide Case

OK where do you start?OK where do you start?What are you going to What are you going to do?do?

What is your next move?What is your next move?Tell me.Tell me.

Homicide CaseHomicide Case

The scene…The scene… Small apartment. Living area, kitchen , Small apartment. Living area, kitchen ,

Bedroom, bathroom.Bedroom, bathroom. Victim’s body found in the bathroom in Victim’s body found in the bathroom in

the tub.the tub. Blood stains in the living room area.Blood stains in the living room area. Blood pattern in streaks between the Blood pattern in streaks between the

living room near door and bathroom.living room near door and bathroom. Victim discovered by a neighbor who Victim discovered by a neighbor who

heard a scream coming from the heard a scream coming from the apartment?apartment?

The sceneThe scene

In the crime scene…In the crime scene… Definite sign of a struggle.Definite sign of a struggle. Signs of disarray in the room.Signs of disarray in the room. Blood on the floor.Blood on the floor. Some papers strewn about the floor.Some papers strewn about the floor. A broken clipboard.A broken clipboard. A bloody footprint.A bloody footprint. No signs of forced entry.No signs of forced entry. No weapons found.No weapons found.

EvidenceEvidence

What clues or evidence to we have?What clues or evidence to we have? Broken Clip boardBroken Clip board The bloody footprintThe bloody footprint The papersThe papers BloodBlood

What do we do with it?What do we do with it? DNA?DNA? Fingerprints?Fingerprints? What else?What else?

EvidenceEvidence

What we get.What we get. The footprint – Determined not to be from The footprint – Determined not to be from

the victim.the victim. The Blood – Determined to be all of the The Blood – Determined to be all of the

victims blood.victims blood. The papers – Determined to be papers The papers – Determined to be papers

which contain information about shoes: which contain information about shoes: types and styles.types and styles.

The clipboard – Find a fingerprint on the The clipboard – Find a fingerprint on the clip.clip.

EvidenceEvidence

The Fingerprint.The Fingerprint. Successful lift.Successful lift. 18 points of minutia.18 points of minutia. Records check.Records check. Submit the print through AFISSubmit the print through AFIS No matchNo match Is this is still important?Is this is still important? Is it now useless? Is it now useless?

The victimThe victim

AutopsyAutopsy The medical examiner performs the autopsy The medical examiner performs the autopsy

within 24 hours.within 24 hours. Generally that is how fast it will be done with Generally that is how fast it will be done with

homicide cases.homicide cases. The ME’s report (preliminary , pending The ME’s report (preliminary , pending

toxicology). toxicology). Victim had been stabbed in the upper and lower Victim had been stabbed in the upper and lower

torso multiple times.torso multiple times. Massive blood loss.Massive blood loss. The weapon is not a knife. Unknown type of tool.The weapon is not a knife. Unknown type of tool.

What else can we do?What else can we do?

How about a suspect?How about a suspect? Can we generate one?Can we generate one? Do we have a witness?Do we have a witness? Are there any?Are there any? What can we use from what we have What can we use from what we have

to find a possible witness?to find a possible witness? Lets look at the evidence?Lets look at the evidence?

The papersThe papers

No fingerprints on the paper.No fingerprints on the paper. They are regular 8.5 – 11 inch white They are regular 8.5 – 11 inch white

paper.paper. They have different types and styles They have different types and styles

of shoes upon them. of shoes upon them. Are they useful?Are they useful? If so how?If so how? What can we do with them?What can we do with them?

Neighborhood CanvasNeighborhood Canvas

Check the area and neighborhood.Check the area and neighborhood. Knock on doors.Knock on doors. Speak with neighbors.Speak with neighbors. Anything out of the ordinary?Anything out of the ordinary? Anyone or anything suspicious in the Anyone or anything suspicious in the

area?area? Three neighbors have information.Three neighbors have information.

Information from CanvassInformation from Canvass Three neighbors remember the morning of the Three neighbors remember the morning of the

crime that a shoe salesman knocked on the door.crime that a shoe salesman knocked on the door. Description.Description.

W/MW/M5-7 to 5-9 in height.5-7 to 5-9 in height.125 to 150 pounds.125 to 150 pounds.Black hair. Brown eyes.Black hair. Brown eyes.White Shirt.White Shirt.Black PantsBlack PantsStrange eyes.Strange eyes.

What can else can we do with this?What can else can we do with this?

Composite SketchComposite Sketch

Police sketch artistPolice sketch artist Identi –kit.Identi –kit. Bring in each witness.Bring in each witness. Try to create an image of a suspect.Try to create an image of a suspect. See what materializes for a picture.See what materializes for a picture. Once generated circulate it.Once generated circulate it. See what if anything is generated.See what if anything is generated.

Create a suspect image.Create a suspect image.

Where are we now?Where are we now?

We have a victim. (deceased).We have a victim. (deceased). We have a cause of death.We have a cause of death. We have a sketch of a possible We have a sketch of a possible

suspect.suspect. We have a fingerprint.We have a fingerprint. We have a footprint.We have a footprint. We have papers about shoes.We have papers about shoes. We have a clipboard.We have a clipboard.

Where are we now?Where are we now?

We do not have a murder weapon?We do not have a murder weapon? We do not have a motive.We do not have a motive. We do not have an eye witness.We do not have an eye witness. We do not have a suspect in custody.We do not have a suspect in custody.

What else can we do?What else can we do?

The papers about shoes.The papers about shoes.

Where did they come from?Where did they come from? What type of shoes?What type of shoes? Single type or style or brand?Single type or style or brand? Multiple style?Multiple style? From a shoe store?From a shoe store? From a vendor?From a vendor? Start Checking.Start Checking.

Stepping into the shoe worldStepping into the shoe world

The papers are multiple styles and brands.The papers are multiple styles and brands. You go to shoe stores: they are catalogs.You go to shoe stores: they are catalogs. The most likely come from distributors.The most likely come from distributors. You go to distributors.You go to distributors. The papers are photo copied out of The papers are photo copied out of

catalogs.catalogs. There are hundreds of distributors in the There are hundreds of distributors in the

area.area.

Shoe DistributorsShoe Distributors

You check over 100 shoe distributors You check over 100 shoe distributors locations.locations.

For everyone you go to there seems For everyone you go to there seems to be 5 sub distributors.to be 5 sub distributors.

You start with the larger ones first.You start with the larger ones first. Work to the smaller ones.Work to the smaller ones. The process takes about 3 weeks.The process takes about 3 weeks. The trail grows cold……………Until.The trail grows cold……………Until.

A BreakA Break

You go to a very small distribution You go to a very small distribution operation.operation.

It is in the next city next to Waltham It is in the next city next to Waltham (Newton).(Newton).

You enter and speak with the manager.You enter and speak with the manager. What will you do / ask him.What will you do / ask him. How bout some questions?How bout some questions?

Tell me.Tell me.

InformationInformation

The papers? – They do distribute the The papers? – They do distribute the brands in our evidence. To save money brands in our evidence. To save money on catalogs they often use photo copies on catalogs they often use photo copies of pages. He is able to provide the of pages. He is able to provide the catalog that our papers came from.catalog that our papers came from.

The suspect – Composite. He views the The suspect – Composite. He views the composite and he says the suspect composite and he says the suspect looks like a former employee.looks like a former employee.

The footprintThe footprint

The manager remember he fired the The manager remember he fired the suspect.suspect.

When the suspect was told he When the suspect was told he became upset and kicked the wall of became upset and kicked the wall of the building and left an imprint.the building and left an imprint.

A comparison of the footprint at the A comparison of the footprint at the shoe distributor and the crime scene shoe distributor and the crime scene are the same.are the same.

A possible weaponA possible weapon

One thing you learn is that many of One thing you learn is that many of the employees in this location have the employees in this location have or use a strange type of cutting tool or use a strange type of cutting tool to open boxes.to open boxes.

It is shaped in the same way that the It is shaped in the same way that the ME’s office described the wounds on ME’s office described the wounds on the victim.the victim.

The suspectThe suspect

The suspect in named “Marc The suspect in named “Marc Finstein”Finstein”

He is a W/M, 25 YOA.He is a W/M, 25 YOA. Black Hair, Brown eyes.Black Hair, Brown eyes. He lives in the area.He lives in the area. You conduct a criminal check.You conduct a criminal check. The suspect has a lengthy criminal The suspect has a lengthy criminal

record.record.

Events accelerate Events accelerate

You obtain his picture and his fingerprints.You obtain his picture and his fingerprints. A fingerprint expert checks his prints to A fingerprint expert checks his prints to

the fingerprint found on the clipboard at the fingerprint found on the clipboard at the scene. –MATCH, Right thumb print.the scene. –MATCH, Right thumb print.

You create a photo array with the You create a photo array with the suspects picture.suspects picture.

You show the array to the neighbors who You show the array to the neighbors who saw the shoe salesmen. 2 /3 pick him out.saw the shoe salesmen. 2 /3 pick him out.

What next?What next?

Do we have enough to arrest the Do we have enough to arrest the suspect?suspect?

Should we?Should we? Should we bring him in voluntarily?Should we bring him in voluntarily? Should we do some more investigating?Should we do some more investigating? If we arrest him should we use probable If we arrest him should we use probable

cause or get a warrant?cause or get a warrant? Is there anything else?Is there anything else?

ArrestArrest

An arrest warrant is obtained for the An arrest warrant is obtained for the suspect.suspect.

Also a search warrant is obtained for Also a search warrant is obtained for the suspects home.the suspects home.

The suspect is located at his home The suspect is located at his home and is arrested.and is arrested.

A search of the home per warrant A search of the home per warrant yeilds no further significant evidence.yeilds no further significant evidence.

Following the arrestFollowing the arrest

An interview is attempted. The An interview is attempted. The defendant invokes his right to right defendant invokes his right to right to remain silent and to council.to remain silent and to council.

The defendant is brought before a The defendant is brought before a grand jury and a true bill is granted.grand jury and a true bill is granted.

The defendant is tried and convicted The defendant is tried and convicted of Felony Murder. (believed to be a of Felony Murder. (believed to be a burglary gone bad).burglary gone bad).

Following the arrestFollowing the arrest

Some footnotes..Some footnotes.. Fingerprint – The fingerprint was ID’ed as Fingerprint – The fingerprint was ID’ed as

the suspects by an expert.the suspects by an expert. It was not found in AFIS despite a It was not found in AFIS despite a

tremendous arrest record.tremendous arrest record. What happened?What happened? The suspect’s first arrest fingerprints The suspect’s first arrest fingerprints

were in AFIS but the print in question was were in AFIS but the print in question was smudged when taken and submitted. No smudged when taken and submitted. No match due to human error. match due to human error.

QuestionsQuestions

Any questions about the case?Any questions about the case? Any questions about the class?Any questions about the class? If you have not received your papers If you have not received your papers

yet , I am still working on them.yet , I am still working on them.