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"I think the first duty of society is justice."
--Alexander Hamilton

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Body Cams: An Instant Replay for Law Enforcement

10/17/2013

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PictureTASER's Axon Flex body-worn camera.
Now that the media and the public travel everywhere with cameras, it may be time for law enforcement officers and other first responders to have that same capability. Video from cruiser cameras has been used as evidence in traffic court cases and in use of force incidents. However, dash cams can only capture whatever happens in front of the vehicle. In contrast, body cameras go everywhere an officer goes.

They are "designed to be the eyes and ears during police encounters," www.CBSNews.com. Deputies in Orange County California will run a trial with a few body cameras provided free by the manufacturer. "Unlike a dash camera, the body cameras will capture everything that happens once a deputy gets out of his or her vehicle and approaches a suspect or victim with full video and sound," www.WFTV.com

TYPES OF BODY CAMS
  • Shirts or lapels
  • Eyeglasses
  • Helmets

Sometimes called Point-of-View cameras, these high tech devices give the officer's perspective during use of force incidents and record statements made during drug, DUI, or domestic violence cases. Both advantages and concerns have been expressed over the use of body cams in law enforcement.

CONCERNS/WATCHING THE COPS

"A federal judge ordered New York city's police department to begin testing the devices after ruling that its stop, question, and frisk policy was unconstitutional," www.PoliceOne.com. Mayor Bloomberg argued that the body cams are not the answer. He asserted that it would provide fodder to further question police actions and motives. He thought that an officer who failed to record something might be accused of intentionally looking a different direction to avoid proof of the incident.

A helmet camera recorded the response to a plane crash in which a fire rig ran over a survivor at San Francisco International Airport on July 6, 2013, www.SFGate.com. Afterwards, the San Francisco fire chief banned firefighters from using personal cameras until a policy on their use is resolved. Chief Joanne Hayes-White stated that a concern for the privacy rights of firefighters and victims drove the decision. Cameras have also been banned in Houston and Baltimore, www.SFGate.com.


SUPPORT/DOCUMENTING THE INCIDENT

While some departments have concerns about officers being forced to wear body cams, others see it as a way to verify the claims of good officers doing good work. Chief James Brooks of the Laurel, Maryland, Police Department had a video of a traffic stop at his department go viral. Brooks said, "It shows that these guys were actually doing exactly what they were trained and how they were trained to do it...It was flawless," CNN.com.

Some cameras have a feature in which they capture 10 to 30 seconds of video that took place prior to an officer hitting record. This helps to document the unexpected. Officers can play the video when writing reports to accurately log statements and actions. "I think the biggest benefit is to be able to record a crime scene and the people and exactly how they're telling you the information," said Lt. Bob Wood of the Bellevue, Nebraska, Police Department, www.KETV.com.

Departments can also use videotaped incidents for training. Some of what is preserved will not be flattering. "The camera doesn't lie - it just shows what happened," said Arin Pace, a lieutenant with the Jacksonville, Florida, Fire Department, www.SFGate.com.

MOTORCYCLE OFFICERS

In Salt Lake City, Police Chief Chris Burbank praises the evidentiary value of helmet-mounted cameras for his motorcycle officers. A speeder may claim that obstructions affected the radar or that the officer was threatening until a video of the violation and interaction is shown in court. "Well, you see very clearly that that car is the only vehicle on the overpass. You now have the radar gun and the digital readout on the radar gun visible in the camera, the car in the background, and you've got a pretty good accounting of what that officer did," www.DeseretNews.com.

Chief Jack Baldwin of the Pigeon Forge Police Department in Tennessee also wants personal cameras for his motorcycle officers. "If you're wearing the camera, you've got your audio and video no matter where you are," www.TheMountainPress.com.

DRUG RAIDS

After a series of questionable drug raids, the San Francisco Police Department began equipping plain clothes supervisors with $1,000 chest cams. The allegations of officer misconduct stemmed from security video footage. "We can have a recording of the conversation at the door with regard to consent on consensual entries or the announcement on search warrant entries," Police Chief Greg Suhr said. "The main goal is to capture for purpose of evidence preservation the conversation at the threshold," www.PoliceOne.com.

USE OF FORCE

Chief Burbank of Salt Lake City also argues that video can be crucial in use of force cases. "You see the proximity of what's going on. You see the interplay that takes place and really what the officer's processing," www.DeseretNews.com. It can also be useful in domestic violence cases. The cameras can capture statements and allow officers to accurately transcribe them into reports.

It may be that officers conscious of wearing a camera are more disciplined in their use of language and use of force. The San Francisco Chronicle reported that when police wore personal video cameras in Rialto, California, it "led to an 88 percent drop in complaints against officers and a 60 percent drop in the use of force in a one-year period," www.DeseretNews.com.

CONCLUSION

More than 400 police departments across the U.S. use high tech body cams. Whether worn on a lapel, eyeglasses, or a helmet, body cameras go wherever law enforcement officers go. Those in favor of body cams claim they will protect citizens and law enforcement officers. Others fear they are another means of monitoring officers and raising liability concerns for agencies.

"I think you are going to find out that once this equipment is out there that our officers are performing in a professional manner and have been all along," said Martin Halloran, President of the San Francisco Police Officers Association, www.DeseretNews.com. Like their predecessors, the dash cams, body cams are likely to grow in popularity across the country.


RESOURCES:

  • Burns, Kenneth, "Pigeon forge police getting new body cameras to wear on shirts/lapels," www.TheMountainPress.com, Feb. 18, 2013.
  • CNN video, "Cops Use Eye Cams to Capture Crime," www.CNN.com, August 22,2013.
  • Eversley, Melanie and John Bacon, "Judge Rips NYPD Stop-Frisk Policy; City Will Appeal," www.USAToday.com, Aug 12, 2013.
  • KETV article, "Bellevue Police Get Another Set of Eyes," www.KETV.com, August 2, 2013.
  • Miller, John, "Cop Cams: 400 Police Depts. Use Tiny Devices," www.CBSNews.com, Aug 30, 2013
  • Reavy, Pat, "Eye on crime: Police Chief Pushes for Body Cams on Officers," www.DeseretNews.com, Deseret News, Nov. 14, 2012.
  • Van Derbeken, Jaxon, "Plainclothes SF Cops Fight Misconduct Allegations with Body Cameras," www.Policeone.com, August 28, 2013.
  • Van Derbeken, Jaxon, "SF Fire Chief Bans Helmet Cameras in Wake of Crash," www.SFGate.com, August 19, 2013.
  • WFTV, "Orange County Deputies Test Out Body Cameras," www.WFTV.com, Sept. 2, 2013.


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Please Don't Let Me Go: Courage in Cleveland

6/7/2013

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A month after the surprising rescue of three women abducted long ago and one girl born into captivity in a Cleveland home, we can reflect on the courage of that day.

First, a standing ovation for Amanda Berry who found some way to get to the front door and gain the attention of neighbors on May 6, 2013. Despite the ever-present danger to her life, she saved her daughter, Gina DeJesus, Michele Knight, and herself.

A tribute to Amanda and her co-captives. While facing terror and deprivation, these young women garnered enough resiliency and courage to survive a ten- to twelve-year ordeal. "Three women found alive after a decade in captivity endured lonely, dark lives inside a dingy home where they were raped and allowed outside only a handful of times in disguises while walking to a garage steps away," www.officer.com.

A hug to Jocelyn (age 6), Amanda Berry's daughter born in captivity, who never knew any other life until last month. May she know the pleasures of freedom and childhood that were kept from her for her first six years.

Cheers to the families of the missing girls turned women who suffered for so long and yet, as much as circumstances allowed, dared to hope for a miracle. Thankfully that miracle came.

A huge high-five to neighbor Charles Ramsey, and possibly other neighbors, who responded to things that didn't look or sound right at 2207 Seymour Avenue. Thank you for taking action.

A salute to the officers who first responded to the scene: Anthony Espada, Barbara Johnson, Michael Tracy, Michael Simon, John Graves, Matt Cavanaugh, and the rest of the Cleveland Police Department. Three of the officers described finding the missing women and the impact on themselves in the video, "Cleveland Patrol Officers Recount Finding Missing Women." When Michelle Knight ran from Officer Espada to Officer Johnson, she grabbed hold of Johnson and said, "Please don't let me go. Please don't let me go." They didn't.

An apology to the family of the accused in this abduction and torture case. If only the accusations and blame could be washed away and directed only where they belong...only toward the one man accused of these crimes, Ariel Castro.

Kudos to the Cleveland community which is doing what it can for these crime survivors in the wake of the tragedy. They have initiated the Cleveland Courage Fund for the four victims of this series of crimes. It will provide financial support now and into the future. An Ohio lawmaker has proposed a bill that would provide abduction survivors with a lifetime of medical care, a college education, and $25,000 annually, (www.abcnews.go.com). I hope the community will also help protect the privacy of these four survivors.

Elizabeth Smart, who had been held captive for nine months as a teenager, told Good Morning America, "I think it’s so important to respect their privacy to try to help give them every chance they can to find their own way, to find their own pathway back to some sense of well-being," www.latimes.com

Jaycee Dugard, a woman who had been abducted as a child and then held captive for 18 years, made this statement to the LA Times: "These individuals need the opportunity to heal and connect back into the world...This isn't who they are. It is only what happened to them. The human spirit is incredibly resilient. More then ever this reaffirms we should never give up hope."

May the survivors begin their life-long recovery while the justice system continues the process of investigating and prosecuting the accused for his unconscionable acts.

Two ways you can act:
  • Cleveland Courage Fund: Make a direct contribution to the four who suffered most from this series of crimes. One-hundred percent of the funds will go to the three women and one child allegedly held captive by Castro. The fund had $850,000 as of June 7, 2013. Donate here: http://www.clevelandfoundation.org/about/cleveland-courage-fund/
  • The National Center for Missing and Exploited Children: Support the NCMEC in its ongoing efforts to locate missing children in the United States. You can help in many ways. Donate funds, stay informed, and/or spread the word about missing children in your area. Learn more here: http://www.missingkids.com/home



Resources:

Andolsen, Rita, "Cleveland Courage Fund Continues to Grow," www.wkyc.com, 6/7/2013.

Barr, Meghan, "More Details Come to Light in Ohio Kidnappings," www.officer.com, 5/9/2013.

Kiska, Paul, "Cleveland Courage Fund for Gina, Michelle, Amanda Climbs to $750,000 With More Ways to Help," www.newsnet5.com, 5/28/2013.

National Center for Missing & Exploited Children, "Statement from the National Center for Missing & Exploited Children on Recent Ohio Recovery," www.missingkids.com, 5/7/2013.

Ng, Christina, "Abducted Cleveland Women Bill Would Provide Them an Income, Education and Health Care," www.abcnews.go.com, 6/5/2013.

Pearce, Matt, "Elizabeth Smart, Jaycee Dugard React to Cleveland Kidnapping," www.latimes.com, 5/7/2013.

Plain Dealer staff, "Cleveland Police Video Interviews Officers Who Rescued Amanda Berry, Gina DeJesus and Michelle Knight," www.cleveland.com, 5/17/2013.

Yenko, Athena, "Police Recounts Emotional Cleveland Rescue of Amanda Berry, Gina de Jesus, Michelle Knight," www.au.ibtimes.com, 5/20/2013.


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The Gacy Case: Adding DNA of Executed Killers to CODIS

2/7/2013

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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.



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Shame on Us: Barriers to Justice for Rape Victims

1/16/2013

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Victims of rape should not have to battle the rest of society in order to seek justice. Recent horrific gang-rape cases in India have highlighted that country's barriers to justice for those who have endured rape. Unfortunately those same types of cases and issues appear around the world as we see protesters in New Delhi and in Ohio.

Barriers to Justice (IN.Reuters.com)
  • Hostile police
  • Unsympathetic forensic examinations
  • Lack of counseling
  • Shoddy police investigations
  • Inadequate courts

Multiple sources accuse the law enforcement in India of being insensitive to women. Some community leaders join police in blaming victims for encouraging sexual attacks.

Outside of New Delhi, India does not have places that offer medical or psychological support for victims. Abhorrent physical exams further violate women.

"The collection, transport and storage of forensic evidence by police - a key component in rape cases - is also often poorly conducted, resulting in weak prosecutions, few convictions and lenient jail terms for convicted offenders" (IN.Reuters.com). A study in August 2012, indicated that over half of all acquittals were caused by inadequate police work (IN.Reuters.com). It is no wonder that many sexual assaults go unreported to police.

There are simply too few courts in India, leading to huge backlogs. Cases frequently take 5 to 10 years to be adjudicated. Victims and witnesses may be intimidated during that period. In some cases, families are persuaded to make their daughter marry the accused to avoid the "shame" associated with being a rape victim.

Indian society is not alone in these offenses and attitudes against women.

A parliamentary commission asked Daming Sanusi, a candidate for the Indonesian Supreme Court, what he thought about applying the death penalty in cases of rape. His inflammatory response: "Consideration needs to be taken thoroughly for the imposition of death penalty for a rapist because in a rape case both the rapist and the victim enjoy it" (CNN.com).

After being confronted with outrage over his statement, Sanusi apologized by saying that he had been nervous and had made a joke. "The controversy that sprung up around Daming mirrors outrage in the United States over remarks about rape made by Republicans Richard Mourdock and Todd Akin" (CNN.com).

Recently, social media has focused on videos, photos, and tweets about a 16-year-old female being sexually assaulted by football players from Steubenville High School in Ohio. Beyond the terrible attack is the apparent inhumane responses of nearly 50 witnesses to the event who recorded, discussed, and joked about the barbaric incident as if it were a sporting event (Toldedoblade.com).

A petition initiated by the women's rights group Ultraviolet is asking Ohio Attorney General Mike DeWine and special prosecutors "to prosecute anyone on the scene who took pictures, destroyed evidence, or otherwise failed to help the victim as well as the alleged rapists" (Socialtimes.com).

Those of us in the U.S. must not look down at our world neighbors in India when we read about a woman gang-raped on a bus, leaving her with brain and intestinal injuries that would take her life. We must reach out to them to help remove barriers to justice for rape victims everywhere.

RESOURCES:

  • Bhalla, Nita, "Analysis: How India's Police and Judiciary Fail Rape Victims," IN.Reuters.com, 1-16-2013.
  • Glenn, Devon, "Activists Demand Justice for Rape Victim Whose Ordeal was Posted to Social Media," Socialtimes.com, 1-4-2013.
  • Mandhana, Niharika and Anjani Trivedi, "Indians Outraged Over Rape on Moving Bus in New Delhi," NYTimes.com, 12-18-2012.
  • Mullen, Jethro, "Indonesian Judge in Hot Water for Suggesting Rape Victims Enjoy It," CNN.com, 1-16-2013.
  • Pitz, Marylynne, "Crowd Demands Justice for Steubenville Rape Victim," Toledoblade.com, Block News Alliance, 1-7-2013.
  • Timmons, Heather and Sruthi Gottipati, "Woman Dies After a Gang Rape That Galvanized India," NYTimes.com, 12-28-2012.



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You Did Great: Improving Police Lineups Part 2

12/5/2012

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In 1984, Jennifer Thompson was raped at knife point. Her description of the attacker was used to develop a composite. Police received a tip that Ronald Cotton, Jr. was the man in the drawing. Two days after the attack, Thompson viewed a photo lineup of six men.

She wanted to be positive. Although she quickly eliminated four of the men, she took 4 to 5 minutes trying to decide between two others. Then she picked up Cotton's photo.

THOMPSON: This is the man who did this.
POLICE: Are you sure?
THOMPSON: I'm positive.
POLICE: We thought that was the guy.

Later, after a live lineup in which Thompson chose Cotton again, she asked if she did okay. An officer said, "You did great, that was the guy you picked out in the photo lineup."

With this positive feedback, Thompson felt 100% positive of her identification by the time the case went to trial. Her strong, believable ID is what sent Cotton to prison for rape. It took 11 years before DNA exonerated him and led law enforcement to Bobby Poole, the actual rapist.

Since then, Thompson and Cotton have co-authored a book, PICKING COTTON. You can view the video Getting it Right: Eyewitness ID with both of them and the police chief who worked the case at the Innocence Project website.

Although Thompson had been told that her attacker might not be among the photographs, she felt compelled to do her part to take a rapist off the streets. She couldn't do it quickly despite research findings that the strongest memories are the easiest/quickest to retrieve (Economist.com). Thompson, a Caucasian, struggled to identify her Black attacker. Studies have shown that people have more difficulty distinguishing faces of people of other races (Salon.com). She studied two of the photos until she chose one as her attacker.

No one asked Thompson how certain she was of that first ID before proceeding. Instead, she was relieved to be told that she'd picked the "right" man. Police officers, family members, and even other witnesses can unconsciously shape a witness's memory and influence his/her level of certainty (Salon.com).

Research suggests that lineups should be double-blind and administered sequentially (See blog: Your Lying Eyes: How to Improve Police Lineups), neither of which were done in this case. Let's look into the roll that positive affirmations play on eyewitness testimony.

A study reported in Psychological Science, found that confirming feedback led witnesses to not only feel better about their identification/misidentification (the murderer's photo was not in the lineup), but it also distorted their memory of how confident they had been initially and how good of a look at the perpetrator they believed they'd gotten.

Of "the eyewitnesses given positive feedback - 50% rated their confidence at either a 6 or 7 on a 7-point scale." In addition 47% of those getting positive feedback thought the grainy security camera footage was clear (6 or 7 on the 7-point scale). In contrast, of those who got negative feedback, only 15% rated their confidence high, and none of them thought the poor footage was clear (PSYBLOG).

Witnesses should make a statement about their level of confidence in their own words. "The legal system should...collect the primary dependent measures (confidence information and other statements) from the eyewitnesses prior to debriefing them regarding the status of the identified person" (Psychology.iastate.edu).

Itiel Dror, cognitive neuroscientist with the University College of London, stated that psychological research has shown "time and time again no correlation between confidence and accuracy" (Salon.com) Yet, confidence sells an identification to juries.

Changes to police procedures have been slow in the US and in the UK (PSYBLOG). Law enforcement agencies are getting more pressure to adopt policies on eyewitness identifications which are supported by research (Officer.com). The following procedures, excerpted from Wisconsin's Model Policy and Procedure for Eyewitness Identification, were developed in an attempt to minimize eyewitness errors and secure court-admissible identifications.

  1. Utilize non-suspect fillers chosen to minimize any suggestiveness that might point toward the suspect;
  2. Utilize a 'double blind' procedure, in which the administrator is not in a position to unintentionally influence the witness's selection;
  3. Give eyewitnesses an instruction that the real perpetrator may or may not be present and that the administrator does not know which person is the suspect;
  4. Present the suspect and the fillers sequentially (one at a time) rather than simultaneioulsy (all at once). This discourages relative judgment and encourages absolute judgments of each person presented, because eyewitnesses are unable to see the subjects all at once and are unable to know when they have seen the last subject;
  5. Assess eyewitness confidence immediately after identification;
  6. Avoid multiple identification procedures in which the same witness views the same suspect more than once.

In addition to those practices, the Innocence Project also recommends that lineup procedures be videotaped. This protects innocent suspects and also documents legitimate police procedures. "Officers should also be prepared to articulate in court how the procedures they used ensure the greatest reliability of the eyewitness evidence gathered" (Officer.com).In the future, most lineups may be conducted on computers to further remove human influence.

Our judicial system may place too much weight on eyewitness testimony...especially when it runs counter to more tangible evidence. Even an honest eyewitness ID, like that of Jennifer Thompson, can be completely wrong. We must eliminate practices that we know can lead to miscarriages of justice.

Other Links:

  • Dean, Jeremy, "Wrongful Conviction: 50% of Mistaken Eyewitnesses Certain after Positive Feedback," PSYBLOG, February 6, 2008.
  • Economist, "Unusual Suspects: How to Make Witnesses More Reliable," The Economist, March 3, 2012.
  • Russell, Sue, "Why Police Lineups Can't be Trusted," Salon.com, September 29, 2012.
  • Van Brocklin, Val, "Defending Your Lineup in Court," Officer.com, July 18, 2011.
  • Wells, Gary L, and Amy L. Bradfield, "Distortions in Eyewitnesses' Recollections: Can the Post-identification Feedback Effect be Moderated?" Psychological Science, 1999.

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Confronting a Killer: "You Will Not Take our Spirit"

11/14/2012

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In January 2011, Jared Lee Loughner plotted, laid in wait, and then opened fire on former Arizona congresswoman Gabrielle "Gabby" Giffords and a group of her constituents. He killed 6 and wounded 13 that day. Last week the survivors had the opportunity to deliver a statement in court.

Surviving victims and family members had the chance to make victim impact statements. They could confront the offender and inform the court about the pain and loss caused by the crime.

According to victimsofcrime.org, a victim impact statement (VIS) may be written or oral. It may include the following:
  • Physical damage caused by the crime.
  • Emotional damage caused by the crime.
  • Financial costs to the victim from the crime.
  • Medical or psychological treatments required by the victim or his or her family.
  • The need for restitution.
  • The victim's views on the crime or the offender (in some states).
  • The victim's views on an appropriate sentence (in some states).

Victim statements become part of the official record and may be considered by parole boards, probation officers, or correctional institutions. They are also heard by judges before sentencing as in the Loughner case.

Mavanell "Mavy" Stoddard, who had been shot three times and watched her husband die in her arms, made a statement in front of Loughner. "Jared, when you took my precious Dorwan, you ruined my whole life" (WSJ). After expressing the grief and loneliness of losing her love, she said, "We will never let you win. You will not take our spirit" (ABC). In fact, before ending her statement, Mavy told Loughner that she forgave him.

Rep. Ron Barber called for increased awareness and knowledge about mental illness, but he also condemned the shooter's actions in his statement. "You must pay the price for the terror, injuries and deaths you caused".(Barber.House.Gov)

Although Gabby Giffords did not make a statement, she looked Loughner in the eye while her husband, Mark Kelly, made a lengthy statement about pain, lost dreams, and gun control. Standing by his wife, Kelly added, "You may have put a bullet through her head, but you haven't put a dent in her spirit and her commitment to make the world a better place"(ABC).

After all the statements, Judge Larry A. Burns of the U.S. District Court in Tucson sentenced the killer to seven consecutive life sentences plus 140 years in federal prison. "Mr. Loughner will never step outside a prison," the judge said (WSJ). A sentence being handed down 22 months after a mass murder is incredibly quick.

A plea saved Loughner from facing a jury trial and possible federal death penalty. State prosecutors decided not to seek additional charges to spare victims a longer judicial process. Also, the methodical nature of the crime, made it impossible for defence lawyers to seek a complicated insanity plea.  Rep. Barber said, "I am grateful that all of us will be spared the painful ordeal of a lengthy legal process followed by unending appeals" (Barber.House.Gov).

In this case, victims had their say and justice was swift.

Resources:

Giffords Faces Ariz. Shooter for 1st Time in Court, ABCNews, 11-10-12
Loughner Sentenced to 7 consecutive life terms, AZCentral, 11-9-12
Victim Impact Statents, The National Center for Victims of Crime, accessed 11-11-12
Loughner Sentenced to Life, The Wall Street Journal, 11-8-12
U.S. Rep. Ron Barber's Statement at the Sentencing of Jared Lee Loughner, Barber.House.Gov, 11-8-12
Mass Killers Aren't Necessarily Psychopaths, Psychiatrists Explain, The Huffington Post, 8-14-12
Updated: List of Injured Victims in Arizona Shooting Released by Pima County Sheriff, The Washington Post Blog, 1-14-11



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Relief for a Community: An Arrest in the Ridgeway Case

10/24/2012

2 Comments

 
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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.








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CSI on Trial: False Confessions & Fake Evidence

10/10/2012

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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

5 Comments

National Day of Remembrance for Murder Victims

9/26/2012

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I can only hope that you are not one of the many people who have lost a family member or friend to murder. Yet, many were hit by the loss of one of the nearly 14,000 U.S. murder victims in 2011. We need to honor their memories on National Day of Remembrance for Murder Victims.

Little makes people more angry at the criminal justice system than the notion that accused criminals seem to have more rights than crime victims. "If the criminal justice systems of the world were private companies, they would all go out of business, because half of their main customers--that is, the victims of crime--are dissatisfied with their services," said Jan Van Dijk, Principal Officer of the United Nations Centre for International Crime Prevention.

According to the National Organization for Victim Assistance, most states in the U.S. do indicate the need and intent to protect Crime Victims' Rights in their statutes or constitutions. Common victims' rights include:

  • The right to protection from intimidation and harm.
  • The right to be informed concerning the criminal justice process.
  • The right to reparations.
  • The right to preservation of property and employment.
  • The right to due process in criminal court proceedings.
  • The right to be treated with dignity and compassion.
  • The right to counsel.

If you or someone you know has been the victim of a crime, seek groups and agencies to provide assistance and to protect your rights. In the U.S., the National Crime Victim Law Institute provides a Victim Resource Map to get started.

Remember that crime statistics aren't just numbers. They represent people.

  • The National Center for Victims of Crime: http://www.victimsofcrime.org
  • Directory of Crime Victim Services: http://ovc.ncjrs.gov/findvictimservices/
  • Parents of Murdered Children (1-888-818-7662): http://www.pomc.com/

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    Author

    Laura Cooper lives in Nebraska and writes crime fiction and a wide range of short stories from her family farm.

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