Archive for the ‘Crime Fiction Corner’ Category

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

My Palm Springs Writer's Retreat ~ On the phone with a friend who's a retired LEO.

My Palm Springs Writer’s Retreat ~ On the phone with a friend who’s a retired LEO.

Talk about research. This round was heart wrenching and educational.

In my upcoming book, one of the detectives is shot and killed in the line of duty. At first I was going back and forth on whether or not to let her live. If so what would her life be like afterwards?

Then I thought about my protagonist. What would be one of the several things I could do to test her?

Finally, after writing a word or two and fussing with rewrites, I decided to make it difficult for my main character and add to her rollercoaster ride as she pushes to solve her case.

For the last two weeks I buried my head in books and had discussions with my friends in law enforcement to learn the proper way to pay tribute to a fallen officer. I even sent the chapter to one of them to see if he approved.

I didn’t want to be disrespectful, but I wanted the scene written correctly and he agreed.

If there is one thing that I’ve learned is that there is a brotherhood that exists among the officers who serve our country and cities; police, firefighters,  and military.

To the law enforcement officers all over, thank you for risking your lives to keep us safe.

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:

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!

On November 2, 2012, Joe Giacalone and I will be hosting a FREE crime writers’ online workshop with the best investigators in law enforcement and forensics live on Google+ at 8pm eastern time.

This online workshop is for anyone interested in learning the correct procedures in handling an arrest to processing a crime scene, and anything in between that will help you to understand the way it’s done in reality.

Questions can be asked via twitter, email or Google chat and our panel will be glad to provide an answer for you.

For twitter use the hashtag #crimewriterspanel, email: crimewriterspanel@margueriteashton.com and Google chat can be accessed as long as you have a gmail account.

Our FB page Crime Writers’ Panel can be used to ask questions as well. Just type your question in the status bubble.

Below are the panel members.

We look forward to seeing you in November.

Joe 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 published by Looseleaf Law Publications, Inc.

To find out more about Joe or his book, please visit website at www.joegwrites.com.

It all began when I was forty-five years old and decided to lose weight, get in shape and attend the police academy. I became the first female officer in my small town and two years later a detective.

When I’m not working on my next big case, you can find me writing, gardening, taking care of my horse and dogs or playing dominoes with my husband.

I write about the humorous side of my career in law enforcement as I stumble through my mid-life adventure.

Best Wishes, Suzie Ivy

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

If you’re interested in purchasing her books, you can find them at Amazon or Barnes & Noble.

Recently named a winner in the 2011 “50 Great Authors You Should Be Reading,” Ken Lang is a 22 year law enforcement veteran from the State of Maryland who is now an accomplished author. He has served the last 15 years as a detective in the Criminal Investigation Division (CID) Section where Sex Crimes, Robbery, and Homicide investigations have become his forte. A decorated officer, Ken has been awarded the William J. Simms Memorial Award, was named 1997 Officer of the Year by the Optimist Club, has been issued three unit citations, a Chief’s Award, and was the recipient of 14 letters of appreciation for outstanding service as recognized by distinguished members of government and civilians alike.

For more information about his books, please visit his website http://kenlang.weebly.com/index.html

Fred Connors is a semi-retired investigative reporter and True Crime writer. He holds several West Virginia Press Association awards for Investigative Reporting, Legal Issues and Courts and Best Lifestyle Features; a Southern Newspaper Publishers Association award for Best Local Story; a Third Place award (Articles category) in the 2012 Pennwriters Writing Competition.

He is founder and coordinator of the Ohio Valley Cold Case Initiative.

David Swinson is a highly decorated member of the Metropolitan Police Department, having received numerous awards including the department’s prestigious Detective of the Year Award for 2003; Meritorious Service Medals for significant, outstanding and sustained achievements; Achievement Medals of Honor for a significant case investigation and several Department of Justice, United States Attorney’s Annual Law Enforcement Awards for significant case investigations. He has also received to major awards from Target Corporation for outstanding community service.

Swinson currently spends most of his time with his wife and daughter in Northern Virginia, where he is working on his second novel. For information on David and his books please visit his website at DavidSwinson.com

From investigating the shootings at Columbine High School to locating gravesites in the remote back country of the Rockies, Tom Adair has lived a life most crime authors only write about. An internationally recognized forensic scientist, he has a Bachelor’s degree in Anthropology and a Master’s degree in Entomology. He has served as the president of the Association for Crime Scene Reconstruction, Rocky Mountain Association of Bloodstain Pattern Analysts, and the Rocky Mountain Division of the International Association for Identification. While in law enforcement he was board certified as a senior crime scene analyst, was one of only 40 board-certified bloodstain pattern analysts and one of 80 board-certified footwear examiners worldwide. In addition to writing over 60 scientific papers, he has served as the editor of an international peer-reviewed science journal. Over his 15 year career he has been interviewed by and consulted for television, text books, novels, magazines, and newspaper articles as well as documentaries on the Discovery Channel and National Geographic. He continues to teach and conduct research in the forensic sciences.

My debut novel The Scent of Fear is now available

Marguerite Ashton was born and raised in Colorado. She discovered her passion for writing crime in 2002, which has since become her genre of choice. Before moving to Wisconsin, Ms. Ashton had the honor of working with agent, Peter DeAnello of Big Fish Talent, where she appeared in a commercial for Furniture Row, along with some indie and student films. Shortly after, she had the privilege of collaborating with veteran stock car driver and Executive Director, Jerry VanDenHul at JVI Productions.

In 2006, Marguerite decided to keep her completed works, broaden her horizons, and hone her craft by entering writing competitions and refocusing her home office into a writer’s library. Through radio interviews and speaking at public schools she found a way to educate and entertain. While pursuing paralegal training, her strong interest in law earned her a job at the State Public Defender’s Office in Milwaukee. During her experience, Marguerite found an interest in using criminal investigation as a basis for her novels.

Ms. Ashton’s hobbies include interior decorating and listening to jazz/classical music.

A member of Sisters in Crime.

Her book Burned Bridges will be released October 30th, 2012

For more information on Ms. Ashton please visit her website at www.margueriteashton.com

Kathleen A. Ryan is a retired Suffolk County Police Officer on Long Island. During her 21-year career, she worked in Patrol, Public Information, and Crime Stoppers. She volunteers with Board of Directors Crime Stoppers of Suffolk County, Inc. A breast cancer survivor, Kathleen is a member of NY/TriState SinC, LI SinC, MWA-NY, Public Safety Writers Association (PSWA) and Short Mystery Fiction Society (SMFS). She blogs at Women of Mystery and From Cop to Mom & the Words in Between; on Twitter, she’s @katcop13.

Kathleen’s work has received several awards from PSWA, including one for “Heat of Passion” — a story among the finalists for the 2012 Derringer and Macavity Awards.

“The Watcher” appears in the recently released anthology, Women Warriors: Stories from the Thin Blue Line, edited by John M. Wills.

Charlie Snyder – Bio still pending.

Things are finally looking up for paralegal, Traci Collins. That is until her new best friend, Olivia Durning, confides in her about a dreadful secret far worse than she could imagine.

Sealed by their new bond, and unaware there is more to the secret than what she was told, Collins feels compelled to keep quiet about a fantasized murder that explodes into reality.

Traci turns a blind eye until she receives a text from someone determined to use her as bait and force Olivia to make good on a past promise.

Now she will have to decide between her freedom and the friend she vowed to protect, before any more bridges are burned.

By: Joseph L. Giacalone

In A Quick Guide to Miranda for Crime Writers Part 1 I talked about  how the writer would handle Miranda issues. In this post we’re going to discuss how to write a scene involving a lawyer and his client.

Here is the typical interrogation / lawyer scene that has been played out ad nauseam on television and in the movies: The lawyer barges into the interrogation room (“The Box’) and states, “I represent Sam Smith. Is my client under arrest? No, then we will be on our way.” Not in the real world.

In order for a suspect to need a lawyer, there must be Interrogation + Custody. When both are present, the police must read them their Miranda Warnings from a prepared card or use simple language to convey the Miranda Rights (Duckworth vs. Eagen 492 U.S. 195 (1989)). In order for a suspect to invoke their right to counsel, they must clearly and unambiguously ask for one, “I want a lawyer,” not, “Maybe I should speak to a lawyer (Davis vs. United States, 512 US 452) (1994))?”

Here is where the tricky part comes in for writers. What happens when a family member or friend obtains counsel for someone else? What happens when the lawyer calls the police station? Unlike television, defense attorneys and prosecutors aren’t assigned to police precincts. These situations are handled differently depending on decisions made by state supreme courts. A writer must know what rulings and laws apply specifically to their settings to give their fiction a “real feel” to it.

According to how the Miranda Rights were written, the individual themselves must invoke their right to counsel-no one else can do it for them. So, if the suspect doesn’t ask for a lawyer, the lawyer will not have access to their client. Not if they call, not if they show up, etc. It is not the job of the police to inform you that your sister retained counsel on your behalf. Just like television, right? This was upheld in the U.S. Supreme Court Case, Moran v. Burbine 475 U.S. 412 (1986). However, many jurisdictions have made the decision to provide more rights for their residents. Remember, a local government cannot overrule the federal government, but they can make it more stringent.

Michigan, Florida, Illinois and New York City have ignored Moran vs. Burbine and instituted an additional layer of protection. For instance, in New York City, if a lawyer contacts any police station or any police officer (even if the suspect is not being held there), it is considered that you have been notified and all questions must cease, or any statements made after the call will be inadmissible.

Want to do research on a court case and don’t know how or where to look it up? I will use the Moran case from above to show the breakdown of how and where to find it:

Moran (P) vs. Burbine (D) – Plaintiff vs. Defendant (P vs. D)
475 – Is the volume number of the law report the decision was published in
U.S. United States Report
412 – Is the page number in volume 475 where the information is published
1986 – Is the year the decision was rendered in

For more information or crime writing assistance you can follow Joe on Twitter @JoeGiacalone

Joe 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 published by Looseleaf Law Publications, Inc.

To find out more about Joe or his book, please visit Cold Case Squad.

As a detective, one of the questions that I am frequently asked is: “do you watch CSI?”

This question is usually followed by an abrupt statement about how they enjoy watching the series and learning about how the police use forensics to solve some of the most heinous crimes.

It’s interesting to watch their joy evaporate when I respond with an emphatic “No, I don’t even like watching the show. It’s like watching work.” Befuddled and confused, my inquisitive guests often become disappointed due to my response—which causes our conversation to take an abrupt turn.

“I watched one episode, and I saw how one of the characters was dusting a bar counter for latent prints. He transferred the print onto a transparent piece of tape and raised the tape up to the light. I assumed that the technician was only checking the quality of the print. He squinted, and after examining the print with his naked eye, shouted out the name of the suspect without conferring any databases. I became unnerved, so I grabbed the remote and turned the channel. I haven’t watched the show since; despite its success.”

A puzzled look usually appears across their faces as they realize how simple the show is. However, what really grabs their attention is when I share how such inaccurate shows portray good police work in an unrealistic light. So much, in fact, that it has compounded the prosecution of criminals by confusing jurors.

Bewilderment becomes the next visible expression as I continue to describe the problem with some of the high-paced police shows.

“You see, what happens on TV is that these crimes are solved with a variety of forensic tasks. They get a case and solve it by after finding a slew of evidence such as latent prints, trace evidence, DNA, and all the other types of evidence that we are able to examine. On the contrary, we are often fortunate to find a few shards of evidence in real-life cases.

The problem is that we as a society have come to expect such results in every investigation. So when citizens are asked to serve as jurors they are often unable to distinguish between fictional TV cases and reality cases. As a result, there have been a handful of guilty criminals who have walked away a free man. This is what is known in criminal justice as the “CSI Factor.”

Are the police allowed to use deception and trickery to obtain a confession? The short answer is yes, but there are some limitations on how far they can go. I figured I would write a quick response to the many inquiries to this problem. Let’s look at how the police can obtain a confession from a suspect only AFTER a valid waiver of Miranda has been obtained, and how this affects your crime writing. Remember, a valid waiver has to be given voluntarily, intelligently and knowingly. Your detective cannot lie to the suspect in order to obtain a confession!

The (3) Three Tricks Your Detective Can Do

1.   Lie About the Existence of Evidence

“Johnny, I’ve got bad news for you pal. We have your DNA from the crime scene.”

This statement made by the detective is designed to elicit a confession from Johnny.  Even if the DNA or any other evidence linking the suspect to the crime does not exist, your detective can lie that it does, and that it will be used against him.

2.   Lie About the Condition of a Victim or of a Witness

Detective Smith walked into the absurdly small interview room and pushed record on the tape player. “Mary, Mary, Mary. You got problems.”

“I don’t have any problems.”

“I say you do.” He stamped out his cigarette. “Your husband is still alive. And when we can talk to him, I’m sure he’ll tell us who did it.”

“What?  It can’t be!  I shot the bastard three times!”

Mary’s confession would be admissible as evidence against her in a court of law.  Recording interviews and interrogations is not mandatory; however it can solve many of the problems raised by the defense regarding how Miranda waivers and confessions were obtained. This can be a two-sided coin. Recording the interview can also show where the interviewer dropped the ball.

This can also be used to set one suspect against another, but there is a caveat. Telling the leader of a bank robbery team, that his accomplice has confessed and placed the blame on the leader is also allowable. However, there is a rule that one bad guy’s testimony cannot solely convict the other bad guy in most states. The police still need to find corroborating evidence against the two in order to have a slam-dunk case, i.e. eyewitnesses, video surveillance, etc.

3.   Misrepresent the Results of a Lineup or Photo Array

Detective Ketch entered the viewing room. “Congratulations Joey. Five out of five witnesses picked you as the shooter. It’s going to be fun to watch you get the needle.”

Joey stood and looked into the glare of the two-way mirror, “I want to make a deal. I was there, but I didn’t pull the trigger.”

Think about this for a second. If you were in Joey’s position, could you take the chance and call the detective’s bluff? Most of us would not and would be looking somewhere down the line for a possible plea bargain.  

What Your Detective Cannot Do

1.   The detective can lie about the existence of evidence, but they cannot confront a suspect with phony physical evidence. Different state supreme courts have ruled differently on this matter, so do some research on your character’s home state. For instance, in the 1989 Floridacase of State v. Cayward, the court said no to fabrication. However, in the 1996 Nevada case of Sheriff v. Bessey, the court said it was OK to fabricate. Until the U.S. Supreme Court rules on this, I would stay away from it.

2.   The police cannot stage a lineup without any viewing witnesses.

3.   The police cannot promise a lighter sentence in exchange for a confession. The decision to give a lighter sentence to the accused for his / her cooperation in an investigation can only be done by the District Attorney’s Office – make sure we get this one right. 

4.   The police cannot use a person who “claims” to be a psychiatrist and who tells the subject he wants to help by talking about what happened.

5.   The police cannot threaten that government benefits will be taken away if the suspect does not confess to the crime, ex. welfare, section 8 etc.

The writer should be aware of the fact that these examples of trickery and deceit can be used to obtain a confession. They cannot be used to obtain a waiver of Miranda. If “it is discovered that” any of the allowable forms of deceit were used to obtain a waiver of Miranda, the information and evidence discovered would be suppressed.

I know many of these example interrogations were short and to the point. Many of them could have been dragged out for pages in a novel. I wanted to give examples of how your detectives can use trickery and deception to provide you with the ability to create more accurate and riveting interrogation scenes. They could also be used to help you break that “block” you have been suffering and get your stories flowing again!

Joe 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 published by Looseleaf Law Publications, Inc.

To find out more about Joe or his book, please visit Cold Case Squad or follow him on Twitter @coldcasesquad.

A little known fact: a book is not going to do very well if the market for the genre is not there. There is pressure to not only create a powerful story but to create something original as well.

The history of crime fiction predates the early 1800’s. When it found its way into the minds of American writers—such as Raymond Chandler and Michael Collins—it created a new approach to crime writing. We now had our own set of standards and stereotypes that we usually follow.

You might find yourself thinking: “what hasn’t already been written?” That is when your creative brain should take over. What do writers do best? We create.

We learn that literary agents are looking for “a voice;” something unique. We need to avoid clichés, stereotypes, and eliminate slow starts.

Crime fiction provides an adrenaline rush. Why? It is because a crime has been committed, and we want the perpetrator to be caught. We keep reading, hoping to learn why they did it.  

Once readers begin a journey with a character, we cannot disappoint them. We want them talking throughout the book as they try to figure out who is the killer and who is the next victim.

What draws you to read or write crime fiction?

Who do you think reads more crime fiction? Men or women?