Archive for the ‘Checking in with the Law’ Category

Author and retired NYPD Detective Sergeant Joe Giacalone

Author and retired NYPD Detective Sergeant Joe Giacalon

Hey, Everyone, Just as I promised in my post dated April 10th, here’s my interview with Joe Giacalone. During this segment we talked about the steps that should be taken in case a loved one comes up missing. To listen to Joe’s interview, just click on his picture and it will take you directly to the show.

If you’re interested on being a guest, I’m taking submissions and the schedule is now booking for June. You can also subscribe via RSS or iTunes. Thanks for being a part of Criminal Lines.

Sincerely, Marguerite Ashton

Guest Post by  Tom Adair Tom Adair 2

Understanding some of the traits shared by good CSIs will help you write characters that stay “in character”. CSIs are a weird bunch. We’re not like everyone else. We’re fascinated by things that would give most folks nightmares. Not in a macabre way, more clinical, but fascinated nonetheless. CSIs are naturally curious, driven (stubborn), and highly skeptical but, surprisingly low key. We care that a crime has been committed but, we don’t care if it was Joe or Sam who committed it. We are advocates for the analysis, not the outcome. Traits like that make us good at our jobs.

When CSIs arrive at a crime scene we are briefed by the first responder(s). Most of the time that’s the first officer on scene but may also include detectives, coroner’s investigators, paramedics, and civilian witnesses. There is always a story. “So and so committed suicide” or “the suspect kicked in the door here and ransacked the house”, etc. There are degrees of accuracy to all of our briefings but they are based largely on first impressions or eye-witness accounts. CSIs want to go beyond first impressions. We never accept any statement as fact until we gather the evidence to support it.

Neutrality is a cornerstone of a thorough analysis. Take deaths for example. I’ve investigated all kinds and every time I would write my initial reports and notes I would classify the case as a “death investigation”. It’s common during press conferences to hear a PIO say something like “we’re treating this like a homicide until the evidence proves otherwise.” I’ve never operated that way. I didn’t want to be predisposed, even subconsciously, to any particular position; especially the manner of death. My thought was “there’s a dead guy…what happened?” To me, it’s a much better starting point.

Crime scene reconstruction is no easy task (despite what you see on television). It’s like assembling a jigsaw puzzle with one-tenth of the pieces and no box cover. That’s frustrating because we like things to make sense but we never have a “complete” picture. So we learn to approach things cautiously and conservatively until we’re convinced by a preponderance of the facts. This takes time and that drives our bosses crazy. We can’t even answer simple questions like “how much longer will you be?” How should I know? I’ll be done when I’m done.

The most important thing to remember is that, as far as character traits are concerned, we’re always on the clock. It’s amazing to me that some folks are surprised at this. If my wife drags me to the mall, I don’t sit around playing a game on my smart phone. I’m busy checking out shoe patterns, spotting potential shoplifters, or just watching people’s behavior. I remember one time a bunch of us were eating lunch and one guy arrived late. He said he had to change a flat tire. I nodded like everyone else but all through lunch I was thinking why aren’t your hands dirty? Why aren’t your knees or pants the least bit dirty? Why are you lying to us? What are you hiding?

I’m not saying he had done anything illegal or immoral. Maybe he was embarrassed about the thing that made him late. Maybe he got into a fender bender and didn’t want anyone to know. The point is…we can’t turn the curiosity switch off.  In some ways we’re like two-year-olds always asking “why…why…why?” Things have to “make sense” and we notice when they don’t. It doesn’t matter if it’s at work, in our personal lives, or at our kid’s soccer game. Developing the ability to spot inconsistencies is vital to our success.

So when you’re writing a CSI character (or detective for that matter) keep in mind that they are professional observers. Our job is to spot the professional liar and we get better and better with every crime scene we work. We’re not easily fooled and we’ll likely over-analyze any situation. That’s not to say we’re never fooled, just not easily. We can be blinded by things like friendship, passion, fear, and all the other emotions out there. We’re just more insulated from emotions than most. If we weren’t, we’d be led around by the nose instead of following our own.

BloodlinesTom Adair is a former CSI and author of the 2013 crime thriller Bloodlines.  He also writes on forensic topics for fiction writers at www.forensics4fiction.com

Former homicide detective and author, Ken Lang

Former homicide detective and author, Ken Lang

Hey, Everyone,

I’ve received awesome feedback about my interview with Ken Lang.  We’re also happy to hear that you would like  easier access to the interviews with members of law enforcement and authors. So I’ve decided to make room on Criminal Lines and will post the interviews here.

To listen to Ken’s interview, just click on his picture and it will take you directly to the show.

Please remember that due to my upcoming book, Criminal Lines Radio will not be able to host weekly interviews until late April. I am taking submissions and the schedule is now booking for June.

You can also subscribe via RSS or iTunes.

Thanks for being a part of Criminal Lines.

Sincerely,

Marguerite Ashton

2nd Ed Cover smallWith the release of The Criminal Investigative Function: A Guide for New Investigators - 2nd Edition and his retirement from the force, Joe Giacalone is enjoying what it feels like to be a best selling author.

Not only has his textbook been chosen as required reading by the New Jersey Civil Service Commision, but he has been approached for interviews and consulted on numerous cases regarding criminal investigations and missing persons.

I’ve read the first book and can’t wait to get my hands on the second edition. This a good tool for new investigators to use; it is also a helpful resource book for us crime and mystery writers.

P.S. A little birdie told me that he’s currently working on his next book. :)

About the Book The Criminal Investigative Function: A Guide for New Investigators, is a candid, real-world look at  investigations, from the crime scene to the courtroom, shared by an ACTUAL investigator. No ivory tower theory. Just the real deal!

The text  has been expanded and completely revised with photos and illustrations!

A  seasoned investigator taps his years of street experience to teach you the:    

• Core qualities that make for a great investigator.

• Important legalities that impact investigations.

• Crime scene protocols that must be followed.

• New DNA  and Forensic Techniques.

• Best follow-up investigation strategies.

• Aspects of Interview and Interrogation.

• Keys to  dealing with eyewitnesses.

• Investigative Report Writing.

• Steps in Solving Major Crimes and Missing Persons cases.

Each  chapter includes summary questions for discussion and review.

Publisher:

Looseleaf Law Publications, Inc.

43-08 162nd St

Flushing, NY  11358

1-800-647-5547    

Just finished filming a new true crime show

Just finished filming a new true crime show

About the  Author / Law Enforcement Trainer / Media Consultant

Joseph L. Giacalone is a retired Detective Sergeant with an extensive background in criminal investigations. He has held many prestigious positions, but his favorite was the Commanding Officer of a Cold Case Homicide Squad. Joe has personally worked on hundreds of murders, suicides and missing person cases throughout his career and is always willing to share his knowledge and experiences with others.

He obtained a Master of Arts Degree in Criminal Justice with a Specialty in Crime and Deviance from John Jay College of Criminal Justice in 2005. He has been an Adjunct Professor at John Jay since January of 2006.

In his spare time, he writes his own criminal investigation Blog, www.coldcasesquad.com

You can follow Joe and the Cold Case Squad on Twitter: @ColdCaseSquad and @JoeGiacalone or through his website http://joegwrites.com/

The Criminal Investigative Function: A Guide for New
Investigators on Amazon - 1st Edition

See below for other posts related to this article:

Between the Chalk Lines: Warming Up to Cold Cases

Crime Writers’ Panel for Upcoming Workshop

A Quick Guide to Miranda for Crime Writers Part 2

Writer Question: Can Police Forcibly Take DNA?

Guest Blogger Joe Giacalone: Can My Character Do That?

Courtesy of Joe Giacalone from Cold Case Squad.

Hey Everyone,

Here is the complete article from the recent post Writer Question: Does my Homicide Detective Need to Attend an Autopsy? Joe provided us with an answer and he gave me permission to share his post here on Criminal Lines.

Autopsy Protocol for Investigators

Detectives play an important role at the autopsy

By: Joseph L. Giacalone

How many autopsies have I attended? Enough or that I have witnessed my fair share should be a sufficient answer. The autopsy is one of the most important steps in the death investigation, especially when the case is equivocal – a fancy investigative term meaning, “I have no idea what happened.”

Detectives should be required to by department procedure to respond to every death (even in obvious cases), attend every autopsy and make sure that they are on time. The detective’s role is more than that of observer, but to be an active participant as well.
Autopsies are generally conducted the next morning and the case detective, if available  should be present. Many times the case detective may be tied up in the investigation, with court or with lineups, etc., so a responsible detective that has intimate knowledge of the case should go instead. The investigator(s) should be prepared to answer any questions that the medical examiner / coroner has. The main goal for attending the autopsy is to aid the medical examiner / coroner in establishing the manner of death (see article link below) so that the case does not get labeled as “Undetermined.”
Detectives should take with them the following items:

  • Case folder
  • Updated investigative reports – ensure that witness statements if any are updated
  • Crime Scene photos (official)
  • Crime Scene photos (taken by investigators)
  • Wound charts prepared by crime scene technicians
The crime scene photos, especially those taken at the scene by the detective, often play a critical role in determining what transpired during the event. Remember, the medical examiner conducting the autopsy may not have been at the crime scene. It is the job of the detective to inform the medical examiner / coroner by painting a picture with words and then with photographs.
What Detectives should expect to witness at the autopsy:
  • A full cleansing of the body prior to autopsy
  • A full external examination
  • Complete set of exemplars - body hair, fingernail clippings, etc.
  • Photographing of the body
  • Fingerprinting in unidentified cases
  • A complete set of X-Rays
  • Internal examination of the body
  • Examination of internal organs
  • Toxicology – blood, tissue samples
  • Path of bullet / path of stab wound(s) if present
  • Range of fire (distance between muzzle of the gun and victim)
What detectives need to learn / obtain from the autopsy:
  • The Post Mortem Interval (AKA Estimated Time of Death)
  • Manner, Cause and Mechanism of Death
  • Angle of trajectory
  • Length / depth of wounds
  • Wound charts
  • Evidence – i.e. ballistics
  • Gunshot Residue Testing (GSR)
  • Death certificate
After the completion of the autopsy, the detective should ask any follow up questions and or paraphrase the findings. Next, the detective should immediately record all of the findings on an investigative report for the case file as well as deliver any evidence to the laboratory for testing.
Remember, if it isn’t documented, it wasn’t done.
Related Articles:

The detective in my book is trying to solve the murder of a male found shot and dumped in the lake. Do all detectives attend the autopsies of their victims or is it done on special circumstances only?

Joe Giacalone, blogger over at Cold Case Squad replied:

Yes. The case detective has to appear usually by 9AM the next morning on every dead body case to be present at the autopsy.

They’re in the room as it happens and will observe, ask questions and answer questions that the ME or Coroner may have.

It is important that they bring investigative reports, crime scene photos and collect any evidence that the ME finds. I.E. ballistics.

 

There will be another post on this topic over at Cold Case Squad. I’ll post the link here when it’s finished.

You can also find Joe on Twitter.

Joe GiacaloneJoe Giacalone is a retired Detective Sergeant and former Commanding Officer of the Bronx Cold Case Squad that has investigated hundreds of homicides, cold cases and missing persons.

He is the author of the Criminal Investigative Function: A Guide for New Investigators - 2nd Edition published by Looseleaf Law Publications, Inc.

Join me as we welcome police detective and author Suzie Ivy. We will discuss the dangers facing law enforcement officers and what steps can we take to protect them.

Listener dial-in number: (646) 915-9208

Related Links:

Between the Chalk Lines: Perspective of a Female Detective

To learn more about Suzie, please visit her blog at www.badluckdetective.com.

If you missed the free online workshop back in November ~ Here’s your chance to see it…

Welcome to the Crime Writers’ Panel.

Streamed live on Nov 2, 2012.

We are a cadre of current and former law enforcement investigators, supervisors, forensic experts, investigative reporters and experts in the field of corrections. Visit us on Facebook and ask your questions to write better fiction. http://www.facebook.com/CrimeWritersPanel

Joe and I are looking at February to host the next one. We will see and keep you updated!

I’ve received questions from writers wondering what ways can their detective obtain DNA. They have also asked, “Can police forcibly take DNA?”

I had to admit, I had no clue and turned to Joe Giacalone to see if he had a post that I could use and he did. He gave me permission to repost his article here on Criminal Lines.

The 3 Ways Police Obtain DNA Samples Lawfully

By: Joseph L. Giacalone

By now you have seen all of the television shows, read the mystery books and listened to news casts on how DNA help solve a cold case. DNA happens to be one of the most important law enforcement tools used to solve crimes. However, there is one constant in all of this and that is how law enforcement can lawfully obtain a DNA exemplar.

Law enforcement agencies have been playing the forensic “catch-up” game for a number of years. They learn the new methods and technologies and then the forensic science community discovers a new way of doing it. It is a constant learning curve for law enforcement. The advances in forensics and DNA are exponential and law enforcement has made a herculean effort to stay on top of this technology.

Obtaining a DNA exemplar is just like collecting other pieces of evidence. Law enforcement understands that the public now demands to see the forensic evidence, especially DNA, that ties the suspect to the victim, the suspect to the scene or the suspect to the weapon. Call it the “CSI Effect” or anything else that you want to, but the jury wants to see more of it. Many times investigators recover DNA at a crime scene, but when the sample is entered into the Combined DNA Index System (CODIS), it comes back as “No Hit.” As the investigation progresses and suspects are developed, investigators need to obtain exemplars to either exclude or include the suspect.

Each action that investigators take could have a reaction in the suspect. Move to soon and you can spook them, move to late and the hunt is on. The question remains, “How can law enforcement legally obtain a DNA exemplar from a suspect? There are only three (3) ways to do so that I refer to as the 3 Cs:

1. Consent

2. Court Order

3. Covertly
Consent

In order to get consent, you have to ask. The suspect must agree to provide the sample voluntarily, knowingly and intelligently. Which means that he is old enough, understands what he / she is doing and the consequences of the action and they weren’t tricked, forced or coerced. But what do you think will happen once the investigator asks for a DNA sample? Right, your suspect is gone in the wind and your investigation just got ten times more difficult.

Court Order

In order to get a warrant for taking a DNA sample, investigators must have probable cause. Generally, in these cases, the suspect is already in custody, so there is no threat of him fleeing and probable cause has already been established. If he wasn’t in custody, that would mean that probable cause has not been established and therefore couldn’t get a warrant.

Covertly

Obtaining a DNA sample covertly, (secretly or surreptitiously) is not as easy as it sounds or shown on television. Detectives must work carefully and fast when they need to recover a discarded sample. On television, detectives are always able to recover the bottle of water or can of soda for their exemplar. However, the target probably watches television too! Now investigators have to conduct surveillance and wait for the suspect to spit, discard a cigarette or half eaten food to obtain the sample.

Law enforcement must carefully obtain a DNA exemplar or risk it being excluded in pretrial evidence hearings. Sometimes obtaining a DNA exemplar is the only thing standing in the way of an arrest and conviction and even exoneration of innocent person wrongfully accused.

Related Articles by Joe on The Cold Case Squad

Edmond Locard: Forensic Rock Star #1
Dr. Sir Alec Jeffreys: Forensic Rock Star #2
Are Investigators Relying too Much on Forensic Evidence?
Detectives Love Blue Star Blood Identifying Agent
Cause of Death vs. Manner of Death

Joe’s Author Website CIF Cover

 

Tonight is the night and I just wanted to send out reminders that there are four ways that you can contact the panel members during tonight’s workshop.

1. Twitter: use hashtag #crimewriterspanel

2. Email: use crimewriterspanel@margueriteashton.com

3. Facebook: use Crime Writers’ Panel. Just type your questions in the status bubble.

4. Google Chat: can be accessed as long as you have a Gmail account.

The name of the Google+ hangout will be Crime Writers Panel.

We’re happy with the response and look forward to answering your questions.