As progress is made with forensic technology, it still takes time to catch up with old cases. In 1980, when John Wayne Gacy was convicted of killing 33 men and boys in the Des Plaines, Illinois area, the FBI's Combined DNA Index System (CODIS) did not exist. CODIS wasn't piloted for another ten years.

Since this prolific killer was known to travel extensively, it is still likely that additional murders could be attributed to him and closed for investigative agencies and victims' families.

Gacy was put to death in 1994. This was before an Illinois law allowed the DNA of convicted felons to be put into the database. There had not been any provision in Illinois law to allow Gacy's DNA to be added to CODIS as a felon. Therefore, other states with cold cases could not attempt to match DNA samples to Gacy...until now.

THE KILLERS
Cook County , Illinois, Sheriff's Detective Jason Moran became aware of vials of Gacy's blood in evidence with police and with the coroner's office. He also learned about a loophole. "Moran learned that when the state executes an inmate, the cornoner lists the manner of death as homicide. The law allows for the DNA of homicide victims to be added to the database" (CNN.com, 12-5-2012).

This loophole enabled law enforcement in Illinois to add the DNA of three executed murderers: John Wayne Gacy, Walter Stewart and Durlyn Eddmonds, to CODIS.

"Among the avenues investigators are now pursuing is the case of two teenage boys who were raped and slain in Michigan in the 1970s, when Gacy's killing was at its height and he was believed to have traveled to Michigan" (Chicagotribune.com, 1-29-2013).

There is another case being looked into on the East Coast. At the same time, investigators are making plans to reexamine the Illinois property where Gacy's mother once lived.

THE VICTIMS
Without CSI units collecting DNA in the 70's and 80's, identifying the decomposing remains of Gacy's victims was difficult. They had relied upon dental records and X-rays. Perhaps now his eight unidentified victims will have names...the right names.

In November 2011, DNA identified the man formerly referred to as Victim 19 as William George "Bill" Bundy, who had been reported missing in 1976. His sister, then 19 years old, suspected that her brother had been murdered when numerous remains were removed from under Gacy's home. She said her mother, now deceased, had always been in denial, and her brother's missing persons case was not pursued aggressively back then (CNN.com, 11-29-2011)

One family had believed that a man missing for 35 years had been murdered by Gacy. He disappeared during the height of Gacy's killing stint and his abandoned car was left near Chicago's O'Hare airport. In November 2011, the family gave DNA samples. It turns out that Theodore "Ted" Szal left home on his own and is still living in Oregon (Chicagotribune.com, 10-26-2012).

The mother of one boy missing from that period got other news when she paid to exhume the body whose grave she had visited routinely. She had doubted the identification because of "discrepancies she discovered in the dental records" (Chicagotribune.com, 10-26-2012). Her lawyers confirmed that DNA results showed that the remains were not her son. The orthodontist who made the original identification stands by it. There is some question of whether or not remains were mislabeled.

According to the mother's attorneys, "The identifications of all of Gacy's victims now are suspect and should be reviewed using DNA" (Chicagotribune.com, 10-26-2012).

THE HOPE
Detectives who investigate serial killers often wonder if all of the victims have been identified. We know that not all of Gacy's have been. Perhaps DNA and cooperation will enable victims' families to have answers, no matter how unpleasant. Occasionally the family of a person believed to have been murdered, like Ted Szal, will discover that he is alive and well, even if separated by choice. Hopefully DNA profiles of executed inmates in other states will be added to CODIS.


Resources:

Associated Press, "John Wayne Gacy's DNA May Help Solve Cold-Case Murders," NOLA.com, 12-3-2012.
Duke, Alan, "Cold case cops find new DNA Strategy," CNN.com, 12-5-2012.
FBI, "Combined DNA Index System (CODIS)," FBI.gov, (accessed 2-6-2013).
Mills, Steve, "Woman's Attorneys Say DNA Proves Gacy Victim was not Her Missing Son," Chicagotribune.com, 10-26-2012.
Mills, Steve, and Patrick Svitek, "Authorities Continue Search for Gacy Victims," Chicagotribune.com, 1-29-2013.
Wire Staff, "Illlinois IDs Gacy Victim After 3 Decades," CNN.com, 11-29-2011.

"He did it," the witness proclaims from the stand. Eyewitness testimony sways juries...but what if there is no other evidence against the accused? Should it hold enough weight to convict?

You have seen countless police lineups on TV shows and movies. The practice of bringing in one suspect along with four or five "fillers" and lining them up along a wall marked with heights is being questioned by research findings and defence lawyers. Everything about which persons/images are chosen for a lineup and how they are presented affects the likelihood of witnesses selecting the real culprit rather than identifying an innocent person.

In practice, police rarely bring in live people for a lineup. It is much more common for a photo lineup to be used. I remember pulling together 6-packs for some of my cases years ago. This was a term used to describe a single page showing the photos of six possible suspects at one time. Research now suggests that there are two big problems with the procedure I used: the method and the administrator.

Whether using live people or photographic images, there are two primary methods of presenting a group of possible suspects to a witness. They are simultaneous and sequential. The simultaneous method, as pictured in the silly photo above, shows all of the five or six possible suspects to the witness at one time. The problem: people tend to compare the faces to each other. Even if the perpetrator is not in the lineup, the witness is inclined to choose the closest match.

"While we like to think that our eyes won't mislead us, mistaken eyewitness identification accounts for more than 70% of wrongful convictions that are ultimately overturned by...more objective DNA evidence" (Time.com). 

The sequential lineup method, shows each suspect individually. The witness is forced to compare the person  to his/her memory, rather than to people next to them. According to David Harris of the University of Pittsburgh Law School, "Agencies should bring in suspects one at a time" (Minnesota.publicradio.org). However, he is not suggesting that the suspect should be the only person presented to the witness.

Maurice Caldwell spent 20 years in prison for murder based on eyewitness testimony. Of four witnesses, only one identified him, but that one identification persuaded the jury despite a lack of physical or forensic evidence. Caldwell was seen in the area after the crime was reported. Police brought him to the witness and they asked her if he was the man she had seen. The process confirmed in her mind that he was involved in the crime (CBSlocal.com).

According to a CBS affiliate in San Francisco, "Even without realizing it, an investigator can send nonverbal cues to the eyewitness." It may be a deep breath, the way they lean, or a facial expression. The one way to completely guard against this influence is to have an uninvolved officer administer a sequential lineup.

A police officer who does not know which image is the actual suspect cannot manipulate the witness's response. This is called a double-blind lineup. Dallas police have taken this to the extreme. They have a special unit that does only lineups. They are not involved in investigations and therefore will not influence the witnesses. They have specialized training and follow written procedures for each lineup that include showing photos sequentially (NYTimes.com).

It is imperative that a move toward double-blind, sequential lineups be made standard practice. For more details, you can watch a segment of Rock Center called "Photo ID: Are Police Lineups Reliable?" at this link.

When Caldwell's case was reopened, another man came forward and confessed to the murder. Caldwell is now arguing that his civil rights were violated in a lawsuit against the city of San Francisco. It is unconscionable that a murder case had even gone to trial with so little evidence.

Next week: More of the latest research findings on eyewitness identifications.


Sources:

• CBS 5, "Man Wrongly Convicted In SF Murder Questions Police Lineups," Sanfrancisco.cbslocal.com, 5-7-2012.
• Goode, Erica and John Schwartz, "Police Lineups Start to Face Fact: Eyes Can Lie," NYTimes.com, 8-28-2011.
• Guy, Shoshana, "Police Photo Lineups Challenged after Series of Wrongful Convictions," Rock Center, 4-4-2012.
• Szalavitz, Maria, "How to Improve Police Lineups and ID the Right Culprit," Time.com, 9-4-2012.
• Weber, Tom, "Do We Do Police Lineups Correctly?" Minnesota.publicradio.org, 11-8-2012.

Heartfelt thoughts go to those directly affected by Superstorm Sandy. May you find courage and hope!

I want to discuss something most of us would have once considered to be as unlikely as the confluence of weather systems that caused this tragic storm...a latent fingerprint matched to two different men.

On March 11, 2004, a series of 10 bombs exploded on commuter trains in Madrid, Spain, resulting in nearly 200 deaths. A fingerprint found on a bag of bomb-making equipment in a vehicle became a crucial piece of evidence.

The FBI entered the print into its database and 20 possible matches were generated. Each shared a minimum of seven unique traits with the print in evidence. To make a "positive ID," there would have to be 12 matching traits. One set of fingerprints on file for a lawyer in Portland, Oregon, shared 15 traits with the print in evidence. He must be the bomber, right?

At the time, a U.S. counter-terrorism official told Newsweek it was an "absolute incontrovertible match."

Later, Spanish authorities found the prints of a second man, a known terrorist, that also "matched" the sample in evidence. Parts of those fingerprints were so similar that both men were POSITIVELY IDENTIFIED as the bomb maker. It turns out that processing and interpreting fingerprint evidence is not an exact science, yet. It is valuable, but it is not absolute.
   
The National Academy of Sciences studied the discipline. In July 2009, they found there is inadequate "scientific rigor" in the methods and procedures.

This case and others are highlighted in the NOVA program "Forensics on Trial" which aired this month. (It can be viewed online here). It points out human errors in this case. It also introduces CTF impressions, a new technology that replicates the topographic features of fingerprints without altering them. Its possible field use is under review.

More sophisticated methods would be welcome, but we must deal with examiner bias and set reasonable standards to further improve our justice system.

See these sources for more details:

NOVA: Forensics on Trial, Aired on PBS, October 17, 2012
FBI is Cleared of Misconduct in Jailing of Oregon Man, NY Times, January 6, 2006
U.S. Settles Suit Filed by Ore. Lawyer, Washington Post, November 30, 2006
Badly Fragmented Forensic Science System Needs Overhaul, National Academy of Sciences, 2009

The Westminster, Colorado, community can begin to breathe a sigh of relief with the news of an arrest in the Jessica Ridgeway case.

Austin Reed Sigg, a local 17-year-old, was arrested for the October 5, 2012, abduction and subsequent murder of 10-year-old Jessica Ridgeway. Although innocent until proven guilty, an AP report says that the young man's mother made the call that led Sigg to turn himself over to police. She had no other comment.

In a news conference today, police announced that Sigg would be charged in the abduction and murder of Jessica and also in the attempted abduction and attempted murder of a 22-year-old runner on May 28 of this year. His home, in the area of both crimes, is currently being searched for forensic evidence and a vehicle has been removed from the garage. Police are also searching a Dumpster across the street from Sigg's home. Most of the evidence used as a basis for the arrest is sealed by court order.

If after reading details and seeing Sigg's picture you have more information to report, please contact police:

Tip line: 303-658-4336
Email: PDamberalert@cityofwestminster.us

Even though steps are being completed by the criminal justice system, these crimes are not done for these families or for this community. Especially since horrible crimes were committed against a child, adults will need to continue to provide support.

In How to Talk with Children in the Aftermath of Violence, Scott Hirschfeld explains these steps:

1. Validate feelings
2. Listen first
3. Respond honestly
4. Encourage non-violence
5. Avoid violent imagery
6. Limit media consumption
7. Focus on what's important
8. Counter bias and hate
9. Watch for warning signs

Hirschfeld suggests seeking assistance from a doctor or mental health professional if a child exhibits these symptoms: difficulty sleeping, trouble eating, fear of routine activities, refusal to separate from family members, or changed behavior that may be aggressive or withdrawn.

Some questions will be answered by the continuing investigation, some will not. Best wishes to the family, friends and community of Jessica Ridgeway. Let us continue to put our best foot forward in every missing child case. Hopefully few families and neighborhoods will have do deal with such extreme fear and grief.

Related stories:

Westminster Police arrest 17-year-old Austin Sigg in Jessica Ridgeway abduction, murder case, The Denver Channel.com Oct. 24, 2012.

Arrest Made in Ridgeway Case, Westminster Police Department Public Safety News: Oct. 24, 2012.

Purple was 10-year-old Jessica Ridgeway's favorite color. Purple balloons and flowers now decorate memorials for the recent murder victim. Although hundreds searched for her, they were unable to rescue her from the hands of a monster. Now all efforts must be directed toward capturing and prosecuting her killer.

Jessica left for school on the morning of October 5, 2012. She never arrived. Hundreds of private citizens in her Westminster, Colorado, community joined authorities to search for her. Sadly, they did not find her alive. This is a time line of some of the steps taken to find Jessica and now to find her killer:

• Jessica left for school in Westminster, CO, 8:30 AM 10-5-2012
• Jessica's mother, who works nights, slept through calls from the school, 10-5-2012
• Jessica's mother reported her daughter missing, 4:30 PM 10-5-2012
• Amber Alert issued, evening 10-5-2012
• Family involvement was ruled out, 10-6-2012
  
• Fliers distributed and 100s of volunteers assisted authorities in search, 10-6-2012
• Dive team went on Ketner Lake, 10-6-2012
• Jessica's backpack found in Superior, CO, 6.4 miles NW of her home, 10-7-2012
• Neighbors held a vigil for missing girl. Family talked to media, 10-9-2012
• An unidentified body was found in Arvada, CO, SW of Jessica's home, 10-10-2012
• Crisis Center opened in Westminster, CO, 10-11-2012
• Officials verify that the murdered body was Jessica Ridgeway, 10-12-2012
• A celebration of Jessica Ridgeway's life, 2 PM 10-13-2012
• Memorial service held, 10-16-2012
• Autopsy performed, 10-16-2012

Next, society needs to continue to pursue the murderer and bring that person to justice. When Jessica's body was found, police described it as being "not intact." It took two days to positively identify the young girl who had just wanted to go to school. As Westminster Police Chief Lee Birk announced at an October 12 press conference, "Our focus has changed from a search for Jessica to a mission of justice for Jessica." (Denver Post 10-12-2012)

If you traveled through the Denver area, especially along the Denver Boulder Turnpike, between October 5 and October 10, 2012, try to recall anything suspicious and report it to the Westminster Police tip line: 303-658-4336.

What to Do if Your Child is Missing (National Center for Missing & Exploited Children)
On the trail of a killer (Denver Post, 10-13-2012)
Jessica Ridgeway killing: Police look for suspect in two near-abductions (ABC News, 10-15-2012)
A girl's neighbors are left to grieve and fear a predator in their midst (New York Times, 10-16-2012)
3,000 embrace memories, smiles of slain 10-year-old Jessica Ridgeway (Denver Post, 10-17-2012)

My husband and I have ordered seed from the Stock Seed Farms in Murdock, Nebraska, many times over the years. We even drove there once to pick up seed and admire fields of prairie grasses such as Big Bluestem and Little Bluestem. Like most Nebraskans, we were shocked to hear that owners Wayne and Sharmon Stock had been murdered in their home in 2006.  There were more surprises during the investigation of those murders that shook law enforcement and citizens in Nebraska.

Nebraska Educational Telecommunications (NET) has produced a one-hour documentary on the case investigation and the evidence initially used to hold two innocent men in jail. It shows the involvement of ex-CSI chief David Kofoed, who has since been sentenced to prison. Kofoed maintains his innocence.

I have to agree with Judge Rehmeier's statement in the Lincoln Journal Star: "Nothing should undermine the confidence in the system." The evidence tampering for which Kofoed was found guilty threatened the lives of innocent men and jeopardized the hunt for the real killers. It also made it harder for other law enforcement investigators to prove their credibility.

The good news is that the innocent men are now free, the guilty are in prison, and Kofoed is no longer working CSI. If you are interested in crime, justice, or murder mysteries, watch NET's CSI on Trial online or on your television.

• CSI on Trial (schedule and links), Nebraska Educational Telecommunications, 2012
• Extended video excerpts and documents from the investigation (Available mid-November 2012)
• "Ex-CSI chief Kofoed sentenced to prison," Lincoln Journal Star, June 01, 2010
• "Was Nebrask Couple's Murder Revenge or Random?" ABC 20/20, September 3, 2010