Here is a new twist to the moral issues surrounding capital punishment: Should a condemned prisoner be allowed to donate organs after sitting down to his last meal? This is the question being asked by Ohio Governor John Kasich after postponing an execution yesterday (November 13, 2013).

According to The Columbus Dispatch, Governor Kasich said he stopped the execution "so that medical experts can assess whether Phillips' non-vital organs or tissues can be donated to his mother or possibly others...I realize this is a bit of uncharted territory for Ohio, but if another life can be saved by his willingness to donate his organs and tissues, then we should allow for that to happen," www.dispatch.com.

PHILLIPS' HISTORY
In 1993, Ronald Phillips, 40, was convicted of raping and murdering his girlfriend's 3-year-old daughter. He served his term without expressing concern for the life and well-being of others. In fact, he waited until all of his appeals had been exhausted before offering to donate his kidney to his mother who is on dialysis and his heart to his sister who has a heart ailment. Now he is apparently willing to donate organs to others as well.

"Ohio's prison medical policy accommodates organ donations, but prison officials rejected the request, saying it came too late to work out logistics and security concerns," www.abclocal.go.com.

Although a Delaware death row inmate donated a kidney to his mother in 1995, "he was not facing imminent execution like Phillips," www.independent.co.uk

STAY OF EXECUTION
Phillips was eating his last meal when he got word of the reprieve. The Ohio Governor stayed the execution to further explore the possibility of Phillips donating non-vital organs...not his heart. Richard Dieter, of the Death Penalty Information Center, said that this is the first time that a stay of execution was granted based on the request to donate organs, www.bbc.co.uk.

NEXT STEPS
If Phillips  is a viable donor and the procedure is approved, he would be returned to Death Row afterward to await his new execution date of July 2, 2014. Ohio prison policy dictates that any such surgeries be paid for by Phillips or the recipients.

WHAT DO YOU THINK?
I am a big proponent of organ donation, but this adds layers of complicated ethical and technical dilemmas. This might be a last-minute ploy to buy time for a man facing death. We could ignore Phillips' motives and allow for the organs to benefit others. Then again, maybe this request came too late.



Resources:

• Associated Press, "Ohio Execution Stay for Ronald Phillips for Possible Organ Donations," www.abclocal.go.com, November 14, 2013.
• BBC, "Ohio Execution Stayed Over Organ Donation Request," www.bbc.co.uk, November 14, 2013.
  
• Johnson, Alan, "Kasich Postpones Execution of Inmate Who Wants to Donate Organs," www.dispatch.com, November 14, 2013.
• Saul, Heather, "Ronald Phillips Ohio Execution Delayed by Judge after Organ Donation Request," www.independent.co.uk, November 14, 2013.

[Updated 07/24/2013] Over the weekend of July 12 and 13, 2013, jurors in the George Zimmerman trial deliberated for more than 16 hours before delivering a not guilty verdict (Washingtonpost.com). They had considered evidence and weighed whether or not Zimmerman had committed second degree murder or manslaughter, while Zimmerman insisted that he killed Trayvon Martin in self-defense.

Halfway through their deliberations, the jury asked the judge, "May we please have clarification on the instructions regarding manslaughter?" (CBSnews.com). The judge consulted with counsel from both sides and responded that the court could not answer general questions but invited the jury to submit a more specific question. They never did.

I don't know what confusion existed in that Florida jury room, but let's look at what constitutes manslaughter.

While statutes and wording on homicides vary by state, the main difference between first degree murder and other acts that result in a person's death is premeditation. Second degree murder lacks premeditation and intent. It is caused by extreme recklessness. Manslaughter is "the unlawful killing of another person without premeditation or so-called 'malice aforethought' (an evil intent prior to the killing)" (Dictionary.law.com). Manslaughter is generally divided into voluntary and involuntary.

                                                                            Homicides

• First degree murder: intentional and premeditated
• Second degree murder: non-premeditated, caused by extreme recklessness or during a fight
  
• Voluntary manslaughter: intentional, non-premeditated killing which occurs during the "heat of passion"
• Involuntary manslaughter: no intent to kill; death caused by negligence or with intent to behave in a reckless, violent manner which causes death

VOLUNTARY MANSLAUGHTER
"Voluntary manslaughter includes killing in [the] heat of passion or while committing a felony" (Dictionary.law.com). It is the intentional but unplanned killing of another. It is when someone kills when provoked by current circumstances.

For example, the person who returns home to find his/her spouse in bed with a lover might respond right away with deadly violence. That would generally be considered voluntary manslaughter...intentional but not premeditated, in the heat of an emotionally-charged moment (NOLO.com). If that same person who witnessed the affair waits a week before ambushing and killing either party involved, the scorned killer would most likely be charged with first degree, premeditated murder.

INVOLUNTARY MANSLAUGHTER
"Involuntary manslaughter occurs when a death is caused by a violation of a non-felony" (Dictionary.law.com). It is caused by recklessness or criminal negligence. It differs from second degree murder by having a lesser degree of recklessness. (See a YouTube example of the difference from Law Bound Prep - Labs at this link).

If two people were in an argument that escalated until one pushed the other who stumbled and then fell down a flight of stairs to his death, the unintentional recklessness might be considered involuntary manslaughter (NOLO.com). Randomly shooting a weapon into the air that results in someone's death would most likely be classified as involuntary manslaughter.

VEHICULAR MANSLAUGHTER
Killing a person with a car is often in its own class of involuntary manslaughter. "In response to the increasing number of homicides caused by drunk drivers, some states have created a distinct offense for deaths caused by drunk driving. These are commonly referred to as, inter alia, 'vehicular manslaughter', 'manslaughter with a vehicle,' 'negligent homicide manslaughter,' or 'DUI manslaughter' (Alanformanlaw.com). The possible prison time for someone found guilty of vehicular manslaughter ranges from 8 to 30 years in Tennessee up to life imprisonment in Washington state.

THE ZIMMERMAN TRIAL
"[This was] a case that many legal analysts said was doomed by Florida prosecutors' decision to pursue a hard-to-prove second-degree murder conviction against Zimmerman," LAtimes.com. Near the end of the trial prosecutors encouraged jurors to consider the lesser offence of involuntary manslaughter, but the case had not been developed in that direction.

Did Zimmerman commit a crime when he shot and killed Trayvon Martin? The jury in this trial said no. I can't help but wonder whether or not further direction on the definition of manslaughter would have affected the jury's decision.

"The frustration that many Americans have felt over the verdict was reflected in 'Justice For Trayvon' rallies that were held in numerous cities over the weekend," (NPR.org). This case and this verdict will continue to raise questions about state laws, judicial procedures, and justice.

Resources:

• Berman, Sara J., "Murder vs. Manslaughter," www.NOLO.com, (accessed July 13, 2013).
• Cobb, Branden, "George Zimmerman Trial: Jurors Ask for Clarification About Manslaughter Charge," www.CBSnews.com, July 13, 2013.
• Forman, Alan S. "Penalties for DUI Manslaughter," www.Alanformanlaw.com, (accessed July 14, 2013).
• Law Bound Prep - Labs, "Involuntary Manslaughter vs 2nd Degree Murder," YouTube.com, November 8, 2011.
  
• Law.com, "Manslaughter," www.Dictionary.law.com, (accessed July 13, 2013).
• Levinson, Alana, "Polls Show Wide Racial Gap on Trayvon Martin Case," NPR.org, July 22, 2013
  
• Roig-Franzia, Manuel, "Zimmerman Found Not Guilty in Killing of Trayvon Martin," www.Washingtonpost.com, July 13, 2013.
• Savage, David G. and Michael Muskal, "Zimmerman Verdict: Legal Experts Say Prosecutors Overreached," LAtimes.com, July 14, 2013
  

A hostage or terrorist situation may demand more tools and tactical expertise than first responders bring to the scene. When even the local SWAT team and state crisis negotiators aren't enough, law enforcement may call in the FBI's Hostage Rescue Team (HRT).

The 30-year-old program was developed in preparation for the 1984 Summer Olympics in Los Angeles. Extreme? No. Not after the world had witnessed terrorists abduct and murder 11 Israeli athletes at the 1972 games in Munich, Germany. At the time, only the military had the assets and training to deal with such a situation, but it could not deploy within the U.S.

                                                               HRT Motto: Servare Vitas
                                                                      "To Save Lives"

This civilian counterterrorism team has responded to nearly 800 incidents since 1983. "When needed, the team is prepared to deploy within four hours of notification to anywhere in the U.S. in response to terrorist incidents, hostage situations, and major criminal threats," FBI.gov. On occasion, they assist the military with sensitive situations in other countries.

High-Risk Missions

• Terrorists
• Hostage-takers
• Violent criminals

Recently the HRT joined local law enforcement officers near Midland City, Alabama, to help rescue a 5-year-old boy, in an underground bunker, from his armed captor. They used military surveillance equipment to monitor activity in the 6 ft. by 8 ft. bunker. At the end of the 144-hour standoff, the boy was safe and the abductor was dead, DothanEagle.com.

The HRT had built a mock bunker to train for possible entry. "The FBI Hostage Rescue Team blew the doors off the bunker and shot dead the survivalist during the daring raid...after footage from a secret hi-tech camera showed the boy's life was in imminent danger," DailyMail.co.uk. The press kept many details confidential until the standoff ended. Any publicity could have tipped off the abductor and endangered the boy.

This tremendous success comes on the 30th anniversary of the team's founding. Not all of the team's actions are always praised. In 1993, the HRT was involved in the tragic standoff with the Branched Davidian sect in Waco, Texas. Seventy-four of the cult's members died during the siege, CBSNews.com. To see an overview of how the Hostage Rescue Team is supposed to work, view the FBI's new video, "Hostage Rescue Team Marks 30 Years."


Resources:

Collins, Laura and Thomas Durante and Rachel Quigley, "I Can't Describe How Incredible it is to Hold Him Again," DailyMail.co.uk, 2-5-2013.
FBI, "The Hostage Rescue Team: 30 Years of Service to the Nation," FBI.gov, 2-1-2013.
FBI, "Hostage Rescue Team Marks 30 Years," Youtube.com, 2-1-2013.
Frontline, "Waco: Chronology of the Siege," PBS.org, (accessed 2-25-2013).
Griffin, Lance, "Hostage Safe, Gunman Dead in Midland City Standoff," DothanEagle.com, 2-4-2013.
Miller, John, "Behind the Scenes of FBI's Secretive Hostage Rescue Team," CBS This Morning, CBSNews.com, 2-6-2013.

Capital punishment has been a fiercely debated issue in Nebraska since the drafting of the state's constitution. If you are interested in the history of Nebraska or criminal justice, I encourage you to watch the Nebraska Educational Telecommunications show ...Until He is Dead online. It includes an interview with descendants of the one man killed by the state of Nebraska who was later exonerated.

A total of 37 men have been executed by the state of Nebraska. Fifteen years after statehood, Nebraska conducted its first state execution by hanging, NETNebraska.org. Hanging continued to be the method of execution until 1913 when the state legislature took up the debate. They considered eliminating the death penalty. Instead, they kept it and changed the method to electrocution.

After using the electric chair 15 times, Nebraska ended up being the last state in the union with electrocution as its sole method for capital punishment. When stopping that practice in 2008, the seven-justice majority of the Nebraska Supreme Court ruled on the evidence of pain during electrocutions. "It is the hallmark of a civilized society that we punish cruelty without practicing it," CNN.com. Although never used, lethal injection has been the only option for capital punishment in Nebraska since 2009.

                                           Time Line of Capital Punishment in Nebraska

• First execution by Nebraska territorial court, Cyrus Tator, August 28, 1863.
• Nebraska became a state, March 1, 1867.
  
• First legal execution in Nebraska, Samuel D. Richards, April 26, 1879.
• Death of the only executed prisoner in Nebraska later exonerated, Jackson Marion, March 25, 1887.
• A man was hanged twice after the rope broke on the first attempt, Albert Haunstine, May 20, 1891.
  
• Last legal public hanging, George Morgan, October 8, 1897
• Method of capital punishment changed from hanging to the electric chair, March, 1913.
• First execution by electrocution (two men in one day), December 20, 1920
• Most notorious criminal executed in Nebraska, Charles Starkweather, June 25, 1959.
• U.S. Supreme Court blocked capital punishment, June 29, 1972.
• Nebraska Supreme Court issued rulings on four death penalty cases in one day to clarify the use of capital punishment, February 2, 1977.
• The last state execution to date, Robert Williams, December 2, 1997.
• Nebraska Supreme Court ruled electric chair violates ban on "cruel and unusual punishment," February 8, 2008.
• Lethal injection replaced electric chair as means of state execution, September 1, 2009.

 
         "There is a real easy way to avoid ever getting the death penalty. Don't kill anyone else."
                                                                                   --Nebraska Attorney General Jon Bruning

Early death sentences were carried out by the counties. Since 1903, death sentences have been carried out at the state penitentiary. Of the 70 inmates who have sat on Death Row in Nebraska, 23 have been put to death. One, Charles Starkweather, murdered 10 people on a killing spree in 1958. It was the kind of case in which it is easy for proponents to argue the merits of capital punishment.

                                                              "The state should not kill."
                                                                                   --Nebraska State Senator Ernie Chambers

In one case, this state took an innocent man's life. William Jackson "Jack" Marion was convicted of shooting to death a friend named John Cameron in 1887. The dead body was paraded into the court. The conviction came after three trials and little evidence. The Clerk of the Gage County Court recorded his sentence: "He shall be taken by the sheriff to the place of execution and be hanged by the neck until dead, dead, dead" NETNebraska.org. 

The Omaha Bee recorded Marion's final words on the gallows, "I have made no confession and have none to make. God help everybody. That is all I have to say" NETNebraska.org.  About four years later, someone who did not believe John Cameron was the dead man found him in Kansas and brought him back to Nebraska. It was a century later, in 1987, that Governor Bob Kerry signed a pardon for Jack Marion.

The history of the death penalty in Nebraska presents extreme examples of a state struggling to create a system of justice. How does it sit with your views on crime and punishment?


Resources:

Kelly, Bill, "Until He is Dead: A History of Nebraska's Death Penalty," NETNebraska.org, premiered 2-8-2013.
Kelly Omaha, "History of the Death Penalty in Nebraska," Dipity.com, 1-20-2013.
Mears, Bill, "Nebraska court bans the electric chair," Cnn.com, 2-8-2008.
Nebraska Department of Correctional Services, "Capital Punishment: Rules & Regulations," Corrections.state.ne.us, (accessed 2-20-2013).
Young, JoAnne, "Nebraska Electric chair becoming historical artifact," Journalstar.com, 6-26-2008.

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.

Whether it is a multiple-casualty accident, a deadly fire, or a tragic school shooting as occurred last week in Newtown, Connecticut, law enforcement, fire fighters, and EMS personnel rush to the scenes. They must do their jobs regardless of what they confront.

Father William Hamilton, ATF chaplain, shared concerns about the first responders to the Newtown school shooting. "This is something human nature just should never have to see...Some of these individuals were there for 12 hours and more in the scene with these...poor victims." Small towns do not allow for much anonymity. "They know these kids. They know these teachers" (LATimes.com).

This tragedy will leave a permanent imprint. Chaplain Terry Morgan urges police officers he works with to give themselves permission to react.  "It is ok at times like this to have [an] emotional side. Understand you may have to step away for a moment to shed a tear, and take a few deep breaths" (Officer.com).

When a state police officer witnessed a man shoot and kill a 3-month-old in Blossvale, NY, a team of peer counselors were brought together to help that officer and his department to cope with the tragedy. Utica Deputy Fire Chief Brendan Dunn is part of that area's Critical Incident Stress Management Team. The team helps responders to discuss what happened, the feelings it caused, and post traumatic stress reactions (WKTV.com).

Hopefully most individuals do not face traumatic incidents more than once in their lifetimes. According to Dunn, "For an emergency responder or the military, it may be a way of life." Training will help responders carry out their job functions, but it cannot make it easy to deal with trauma.

So what will help first responders confront their emotions and regain a sense of control? "Critical Incident Stress Debriefing (CISD) can be a valuable tool following a traumatic event" (AAETS.org).

A critical incident is described on the American Academy of Experts in Traumatic Stress website as one that changes a person's normal physical and/or psychological functioning. Some of the first cases of traumatic stress identified were caused by military combat. Short- or long-term crisis reactions can also be experienced by emergency responders and victims of traumatic crimes. Many agencies use CISD to manage grief and distress.

"Debriefing is a specific technique designed to assist others in dealing with the physical or psychological symptoms that are generally associated with trauma exposure. Debriefing allows those involved with the incident to process the event and reflect on its impact" (AAETS.org). "Defusing, another component of CISD, allows for the ventilation of emotions and thoughts associated with the crisis event" (AAETS.org).

The CISD Process

1. Assess the impact of the incident on individuals.
2. Identify issues of safety and security.
3. Vent emotions and validate reactions.
4. Predict, prepare, and plan for potential psychological and physical reactions.
5. Review the critical incident and its impact. Watch for maladaptive behaviors.
6. As closure, identify ongoing support services and build action plans.
7. Assist with re-entry into the community or workplace.

This is a process that should be started within 24-72 hours of a critical event. According the the International Critical Incident Stress Foundation, the Connecticut Critical Incident Stress Management Team responded to Newtown on the day of the school shootings. "On Friday, December 14th, 2012, the CT CISM Team received a call shortly before noon, requesting assistance in dealing with what was a developing large scale event. A gunman had shot numerous adults and children inside the Sandy Hook Elementary School, directly adjacent to a fire house" (ICISF.org).

"Experts say first responders are surprisingly resilient, with the vast majority recovering from the stress of a horrific scene within days or weeks. But some will continue to have symptoms, and those people will probably benefit from some form of counseling" (ABCNews.com).

Gary Franz, Deputy Chief of Graham Fire and Rescue, talked about the grief, anger, and frustration his personnel felt after responding to an arson scene in which Charlie Powell, 7, and Braden Powell, 5, had been murdered by their father in Puyallup, Washington.  "Our men and women are men and women," Franz said. "We don't have any super-human power against what everybody in this nation -- and particularly in this community -- are experiencing" (KOMONews.com).

"The department held what's called a critical incident stress debrief," Franz said. The people and first responders of Puyallup will never forget the Powell tragedy, but they have moved forward. Now Newtown has begun the long process of grieving and then moving beyond this crisis.


RESOURCES:

• Bailey, Pat, "After Witnessing Blossvale Tragedy, First Responders Deal with Grief," WKTV.com, 06-24-2010.
• Cohen, Lindsay, "1st Responders to Powell Explosion Struggling with Grief, Anger," KOMONews.com, 02-10-2012.
• Davis, Joseph A, Ph.D., "Providing Critical Incident Stress Debriefing (CISD) to Individuals and Communities in Situational Crisis," AAETS.org, 1998.
• Hamilton, Fr. William, "Chaplain Describes First Responders' Grief," LATimes.com, 12-17-2012.
• International Critical Incident Stress Foundation, "Updates - CT CISM Team Response to Newtown, CT School Shooting," ICISF.org, 12-14-2012.
• Moisse, Katie, "Connecticut School Shooting: First on Scene Face Haunting Memories," ABCNews.go.com, 12-15-2012.
• Morgan, Terry, "Coping with Tragedy: The Newtown School Massacre," Officer.com, 12-17-2012.

"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.

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

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.