Posts Tagged ‘crime fiction’

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

 

ImagePlease welcome this evening, true crime author, Ken Lang. He is a 22 year law enforcement veteran and has served the last 15 years as a detective in the Criminal Investigation Division.

In addition to his current investigative assignment, Ken is also an active Forensic Artist, providing police agencies with composite sketches, post-mortem and age-enhancement drawings, and skull reconstructions.

Q. Is law enforcement something that you’ve always wanted to do?

A. It is something that has always fascinated me, especially when I realized as a high school graduate that college wasn’t in my immediate future–my father was a factory worker at a local auto plant and we couldn’t afford it. But through persistence, I set my goals on a career in law enforcement and then pursued my educational goals later.

Q. How did you discover your side of forensic artistry?

A. I’ve always been right brained and art/music was my favorite classes in school. My forensic artistry was discovered by my Lieutenant after seeing the Marilyn Monroe portrait hanging on our Office Assistant’s wall.

Q. What is facial reconstruction?

A. We use facial reconstruction to recreate a face on a known bone structure in an effort to identify the subject. Through our art skills, and known anatomical information, art and science collide to help the artist and anthropologist recreate an accurate representation of the skulls facial features.

Q. Would it be correct to say that facial reconstruction is part science and part art?

A. Yes.

Q. Please explain what’s all involved during this process? What are the steps taken?

A. The process is quite tedious, but first begins with the recovery and cleaning of the skull. Any leftover tissue is removed and the surface cleaned so as to apply tissue depth markers to specific landmarks on the skull. These tissue depth markers come from numerous studies on cadavers.

Once the tissue depth markers are applied, the artist begins applying clay to the mounted skull, reaching the top of the tissue markers. The eyes, nose and mouth are specific features that are measured in based on known anatomical information provided by science.

Using a variety of measuring tools, the artist sculpts the features, taking frequent measurements to insure the feature’s accuracy. As for the ears, the artist uses a rule of average to create ‘average’ ears, as there are no scientific calculations to aid us in determining how the ear should be developed. As for the hair, evidence from the scene (i.e. a hair mat left behind from the decaying body) tells us a lot about the hair length, thickness, and color. And from that information we sculpt the hair, though some artists do use wigs to create a more realistic representation.

Q. With each skull, do you find yourself needing to connect with it mentally before you can proceed?

A. No – the landscape of the skull speaks volumes to you. In fact, we forensic artists often say that “bones don’t lie.” This is because the landscape of the skull is all telling about the layout of the facial features.

Q. What about the estimation of body fat? Can errors affect the model?

A. With a simple skeleton it’s hard to estimate body fat. However, with evidence left behind (i.e. clothing) we can look at the size and estimate if the individual was overweight or such. The thing to keep in mind is that not everyone wears their clothing the same. Some prefer baggy clothes, while others prefer a more snug fit. So there is no true accuracy.

Q. What are sketches drawn from?

A. We usually sit down with a witness who uses a facial feature catalog to pick out the traits and characteristics.

Q. Is a sketch presumed to be better than a mug shot at times?

A. A sketch is an image that is meant to represent the recollection of the witness. We have had witnesses who were so on point with the facial features that it strongly resembled mug shots of suspects.

Q. What type of effect does a sketch have on a witness?

A. It depends on the crime. I’ve had rape victims’ break down and cry “that’s him,” whereas victims of a property crime briefly mention that the sketch strongly resembles the suspect as recalled.

Q. During your career, have you had a case that was unforgettable?

A. I have two homicide cases that gnaw at me. Both were shootings where I was able to develop enough information to figure out who the shooter was, but did not have enough information to charge the case and get it into court.

Q.  You have written two books. One titled Walking Among the Dead and your second book, Standing in Death’s Shadow was just released this month. Tell us a bit about them.

A. Walking Among the Dead is my debut true crime book that captures actual cases I worked as a homicide detective in the State of Maryland. Though it was self-published, it has captured the attention of some prominent people in the literary world, to include Chris O’Byrne, the founder of Red Willow Digital Press. I was invited to sign on as an author with Red Willow in 2011 and we just released my second book, Standing In Death’s Shadow. This book continues telling of my homicide experiences, true crime written like a novel, which allowed me to immerse the reader right into the action as it truly unfolds in such an investigation.

Q. Do you plan on writing another book?

A. Yes, I’m working on the last of the homicide series trilogy, Death Comes Uninvited, which will sum up my homicide experiences. Following that book, I have been working on outlining a crime novel series that will be based in Baltimore–and I’m quite anxious to start working on those projects. Finally, being a history buff, I haven’t ruled out the possibility of a historical romance. 

For more on Mr. Lang, please visit his website at http://kenlang.weebly.com/

Bound Together: Pages From the Life of a Crime Writer is an exciting and dramatic show focused on writer Marguerite Ashton while she steals away every possible minute she can to write her upcoming novel, Led By Lies, while balancing a family of seven that includes her husband and five children.

As the show progresses and dramatic tension rises the family must pull together to share duties when Marguerite is forced to push harder to meet the busy schedule of a writer.

Episode 1 talks about what to look for when choosing a mentor.

Mentoring Your Muse ~ Choosing Your Writing Mentor

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.

Hello,

This is a quick update to say thanks for being patient while I finish my book, Burned Bridges. It’s scheduled for an October release and I’m swamped making deadlines.

I want this book to be the best it can be and I have an awesome team supporting me. 

After August 31st, I will have more time to dedicate to Criminal Lines and want to thank my contributors for their posts.

In the first week of September, I will upload my first podcast. It’s the introductory episode for Mentoring Your Muse and it will focus on the concept and role of a mentor.

Please have a wonderful week.

All my best,

Marguerite

By: Joseph L. Giacalone

The one area of writing crime that I see errors made more often than anywhere else is:  Confessions and Admissions, including the Right to Counsel and Miranda.  This series of articles will focus on those issues. I will give examples how to avoid those errors and what court cases you can find them in. This will save the author from being a researcher and do what he/she loves the most, write!

How Does the Writer Handle Miranda Issues?

You have to ask yourself this question every time you have a custodial interrogation scene.  Custodial interrogation means that the person is under arrest and they are no longer free to leave.  Unfortunately for some, television is their sole basis for law school.  “This is how they do it on (Name any police show), so this is how it must be done.”  Here is a tip: television is wrong more than half the time.

Here is a quick survey.  How many of you believe that once you are under arrest, the police must read Miranda to you?  If you said yes to that question, than you are a victim of television. Only in Hollywood, do they start, “You have the right to remain silent…” right after the cuffs go on. In reality, the police will not read Miranda to you probably ninety-five percent of the time. Miranda is a math formula: Interrogation + Custody = Miranda; 1+1=2. Both elements must be present before Miranda is constitutionally required.

I.          Subject: The Miranda Rule

Question: Must Miranda Warnings always be given to a suspect who is questioned at a police facility?

Answer: No. Look at the formula. We have interrogation (questioning), but do we have custody? If I am a detective and ask you to come to the station house to answer some questions, are you in custody? No. We made an appointment; you cannot be forced to come or you can tell me to talk to your lawyer.

Resource: Case of Oregon v. Mathiason 45 LW 3505 (1977)

II.            Subject: The Miranda Rule

Question: Is there a time when the police may question a person in custody before reading them Miranda?

Answer: Yes. When there is an imminent danger to the public for the purpose of eliminating that threat. This has been labeled the Emergency Exception.The police grab a guy in a supermarket that tried to rob the store with a gun, but he no longer possesses it. The police can question him as to the location of the weapon. This is done so that no unsuspecting child will find the gun while shopping in the store.

Resource: Case of New York v. Quarles (1984) a U.S. Supreme Court Decision

Now that you are armed with this new information, examine your interrogation scenes and ask yourself this question: “Did I handle the Miranda Rule correctly?”

Here are other related interviews in this series.

Between the Chalk Lines: Warming Up to Cold Cases 

Between the Chalk Lines: Forensically Speaking with Kenneth Lang

Between the Chalk Lines: The Anatomy of Investigation