DNA and Property Crime Scene Investigation DNA and Property Crime Scene Investigation Forensic Evidence and Law Enforcement David A. Makin Foreword by Larry S. Miller AMSTERDAM(cid:129)BOSTON(cid:129)HEIDELBERG(cid:129)LONDON NEWYORK(cid:129)OXFORD(cid:129)PARIS(cid:129)SANDIEGO SANFRANCISCO(cid:129)SINGAPORE(cid:129)SYDNEY(cid:129)TOKYO AndersonPublishingisanimprintofElsevier AcquiringEditor:SaraScott EditorialProjectManager:MarisaLaFleur ProjectManager:PunithavathyGovindaradjane Designer:MatthewLimbert AndersonPublishingisanimprintofElsevier 225WymanStreet,Waltham,MA02451,USA Copyrightr2014ElsevierInc.Allrightsreserved. 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ISBN978-1-4557-7553-8 ForinformationonallAndersonpublications visitourwebsiteathttp://store.elsevier.com FOREWORD Many years ago my first job in law enforcement was as an evidence technician for a small sheriff’s office. We called it R&I (Records and Identifications) back then—before CSI or crime scene investigation was a household term. I was given an old 435 Speed Graphic camera, a flashlight, and a fingerprint kit. I had a few shopping bags and plas- tic sandwich bags in which to put any evidence I located. My only for- mal training was reading an FBI monograph on Collecting and Preserving Physical Evidence and working with an experienced crimi- nal investigator. I learned a lot working with that investigator. We took great pains in documenting the scene, and locating and collecting physical evidence on those “serious” cases involving death or bodily injuries. But when it came to burglaries, larcenies, and vandalism we normally just made a report and, if any latent fingerprints were easily located, took a few dustings and a couple of photographs for the homeowner’s insurance company and to pacify the victim. Those latent images were normally stapled to the report and filed away with no more time spent on the case. It was only if the perpetrator was caught doing another property crime that we could “talk him” into fessing up to the other unsolved property crimes. Times sure have changed, but not by much. Yes, we have more knowledgeable and properly trained investigators. And we have more readily available and affordable technology in our crime scene investi- gation arsenal. The emergence of the Integrated Automated Fingerprint Information System (IAFIS) has greatly increased our abil- ity to match latent prints at the scene with known prints in a national database. Digital cameras have replaced the old press cameras and 35mm SLRs. The Alternate Light Source (ALS) and other forensic lights have supplanted the old three-cell flashlights we kept in our back pockets. Even the public is more aware of the advanced technology from watching crime scene television shows and motion pictures where evidence is located and tested in a laboratory within a matter of min- utes. And, with increased public knowledge of crime scene investiga- tion technology, there is increased accountability and expectation of viii Foreword police response and action at crime scenes. As many prosecuting attor- neys will attest, if the jury feels the police did not do a proper job at the crime scene based on their advanced knowledge from watching crime television shows, it could lead to an acquittal. We have come to call this “the CSI effect.” Perhaps the most advanced crime scene investigation technology that has come about in the last few decades is DNA analysis. The pub- lic first saw the potential benefits and liabilities of DNA watching the O.J. Simpson murder trial on TV in 1995. Now, hardly a day goes by when someone is not either convicted on DNA evidence or exonerated by it. The technology for DNA analysis is constantly evolving and has become faster and cheaper. One could predict that within a few years DNA analysis will be as commonplace for CSI investigators as that old fingerprint kit I used to carry. It will be a portable, on-scene test. This book contends that DNA evidence collection should be in commonplace use for property crimes and not just for personal crimes. Yes, there are backlogs of testing for serious personal crimes at many crime laboratories. And, yes, many crime laboratories restrict the testing toseriouspersonalcrimesduetocostandtime.Butthatisnottosaythat collection at the scene should not be performed. When IAFIS went online,manyacoldcasewassolvedduetothecollectionofalatentprint at a crime scene years ago by some conscientious R&I officer. Already we have seen nonviolent and property crime cases solved using DNA technology in cases such as illegal tree harvesting, narcotics manufactur- ing, stolen livestock, counterfeiting, and game poaching. To not collect DNA evidenceat thescene ofevennonserious propertycrimes may now be seen as negligence, even if the crime lab doesn’t do an analysis. Perhapswemayjuststapletheswabstothereportlikewedidwiththose latent prints until the day when DNA analysis will be commonplace, cheap,andfast.Yes,timessurehavechanged—butnotbymuch. Larry S. Miller, PhD Professor & Chair Department of Criminal Justice & Criminology East Tennessee State University Johnson City, TN, USA ACKNOWLEDGMENTS I have been working on this book, or more specifically the broader connections between technology and criminal justice, since I started pursuing criminal justice research nearly 15 years ago. Specific to this book, it is a culmination of 3 years’ worth of research. As typical, I should work through the exhaustive list of people and institutions sup- porting and enabling me to dedicate time to this book. While I will do that, I want to highlight specifically the patrol officers, detectives, com- mand staff, forensic technicians and experts, and prosecutors who allowed me to step into their word and view forensic technology through their eyes. Thanking them for the participation seems routine. However, I do not merely value their participation. Rather, each shared their frustration, hopes, and even questionable ethical behavior involving forensic evidence. Their openness to this study introduced new concepts and valuable insight into the challenges, successes, and opportunities to refine our forensic practice. The trust they placed with me is something that I will never forget and truly, without them, this book would not exist and its contribution to the field would be mini- mal. I also want to thank the individual officers that completed the survey providing remarkable insight in their responses to the open- ended questions on the survey. Anyone who conducts survey research is aware of how rare are these questions completed and many of the offi- cers took considerable time to share policy, procedure, and again their frustrations. To continue highlighting the practitioners involved, I want to highlight Chief Gary Jenkins forhis contributions to this book, specif- ically the two chapters he wrote speaking to the challenges and opportu- nities of expanded genetic processing. I have been fortunate to collaborate with Gary on multiple projects over the years and his insight on police practice is immensely beneficial. I have worked with many police officers over my career, but Gary is one of the most research- oriented, which speaks to his eagerness to learn more about practices around the nation and even the world adapting them into his agency. I am indebted to those mentors who helped me refine my research skills and supported me throughout my academic career. Not forgotten x Acknowledgments were their support, contribution, and confidence in me, and that of my research agenda. In no specific order, I want to thank, Otwin “Otto” Marenin, Toni Dupont-Morales, Thomas “Tad” Hughes, William “Bill” Walsh, Faith Lutze, David Brody, and Jennifer Marchand- Reilly. While it is difficult to measure the influence of a person, I want to highlight specifically a few of those who have been instrumental in my career. I have known Toni for the last 15 years, starting at Pennsylvania State University, and she has provided me with countless advice, support, and criticism over these last years to see me develop from an uncertain undergraduate to a confident academic. While I will always consider her a mentor, I am proud to be able to call her both a colleague and friend. Without her advice early in my career and her belief in my ability, I would not be writing this section, nor would there be a book. Otto provided invaluable guidance and his honest, albeit brutal questions and comments, taught me the value of an inquisitive research question, one where the answer is important but the value of the question progresses the entire field. Faith has been my “book writing” compatriot. We both worked on writing our books over the course of the last few years and our conversations truly helped push through those periods of writers block. I also want to thank both Tad Hughes and Bill Walsh of the Southern Police Institute. Their mentorship early in my career came to influence the direction of my research. Critical thinking, analytical reasoning, statistical analysis are vital core attributes of a scholar, but to do so with no practical appli- cation is to fail to step outside of the ivory tower. In part to them, I learned how to work with agencies, to collaborate with agencies, and specific to this research, speak to cops, and more importantly get them to talk back. I also wish to acknowledge Washington State University and the Washington State Institute for Criminal Justice Research, where I serve as faculty and research fellow. Additionally, I want to highlight the entire team at Anderson Publishing, including Marisa LaFleur my Editorial Project Manager, and the Acquisition Editor Sara Scott. I also want to acknowledge Larry Miller for his introduction, which speaks to the importance of this work. I owe immeasurable gratitude to my family. Long were the hours, the discussions, and even the missed opportunities of interaction with my wife and children. In what has been an intense 3 years of research, Acknowledgments xi writing, interviews, and focus groups, I have missed much of them. Holding a full-time job, completing my doctoral degree, and finishing this book has meant that my time with them has been brief and while what time we spent was valuable, I realize that it should have been more. It is with deep gratitude that I thank them for all the support, patience, and love. To my wife Danielle, I offer the deepest of recogni- tions. In over 13 years of marriage, and three universities, you have always been the person in most support of me. To my son Ryleigh, my fishing partner, whose equal love of fishing forced me out of my office and onto the shore, without you, I would have never taken a moment to enjoy those summers. To Esabella, my inquisitive daughter, I cannot begin to thank you for all the questions on what I was writing. You do get the first signed copy as you asked. I also want to thank my closest of friends who listened to me express my frustrations with the process and who provided support, encouragement, and always a source of inspiration. Thank you. 11 CHAPTER A Series of Questions A BRIEF HISTORY........................................................................................2 WHERE IT STARTED....................................................................................4 THE BROADER AIM.....................................................................................5 WHY PROPERTY CRIME SCENES?.............................................................6 THE STUDY..................................................................................................6 Interviews....................................................................................................7 National Survey..........................................................................................7 STRUCTURING A THEORETICAL AND PRACTICAL ANALYSIS..............7 The costs are there, really you can never really get away from the costs but I believe it is important and if there is evidence, our task is to collect it. PoliceChief While unorthodox, I start this book with a series of questions. What if B250,000 criminal cases existed where forensic evidence was present but remained uncollected? The cost of this crime nationally exceeded 14 billion dollars. However, what if processing evidence could improve, on average, an agency’s identification rates, arrest rates, and conviction rates by twofold? What reasons, rationalizations, or, potentially, excuses would be offered? What if the costs could be offset? What rea- sons exist for ignoring evidence? What if the costs still presented an issue, but still some agencies vigorously aimed for high volume proces- sing? What explanations and what insight would those stakeholders offer for continuing to analyze this evidence? The key to this puzzle of questions is to narrow the unit of focus, and transition the historical lens on forensic technology to the individual officer level. To understand the connection between officer and forensic technology is to gain an accurate understanding of the current state of forensic technology. A skeptical reader has likely remarked, “Those 2 DNAandPropertyCrimeSceneInvestigation cases receive the lowest priority,” and this book does not challenge that claim. Instead,wemustreflecton why,despiteknowledgeofthebenefits ofexpandedprocessing,thesecasesstillreceivelimitedforensictreatment. Why, despite three decades of research within forensic technology, have fewpeeredintotheblackboxofforensicevidencepractice? This book is about social, organizational, and individual change. Specifically, how technology through a forensic evidence lens, has come to influence the police service. It highlights the experiences of patrol officers, command staff, detectives, and chiefs who navigate the expecta- tions of forensics and the forensic technicians who support them. As the investigative continuum exceeds police officers and forensic technicians, I include interviews with prosecutors to understand the influence this technological innovation has had on criminal investigations. The objec- tive of this book introduces the relationship between the investigative process and forensic technology, using property crime scene evidence as a narrowing frame. An analysis of forensic technology offers insight into the social construction of this technology that has placed high value on the use of forensic technology—if only in limited application (that is high-level crime). The broader objective of this book is to explore how technology has come to shape organizations and individuals. As a book on forensic technology,thisbookaddressesmanysimilartopicscoveredwithinother books.However,thisbookdepartsfromthenormbyexaminingtechnol- ogybeyondtheabstract.Technologyinfluencespeopleandthereforeitis important to highlight the experiences of those who use this technology, to place them at the center of the analysis. Exploring the forensic experi- ences, attitudes, and views of those involved in the investigative process allows for both a practical and theoretical analysis into the current state offorensictechnologywithinmodernpoliceservices. A BRIEF HISTORY The history of forensic technology has long been a core feature of modern policing, institutionalized just over a century ago in American policing by August Vollmer. However, it was not until the Crime Commission met that a systematic examination into technology and policing would occur. In 1967, the Crime Commission would offer sev- eral commonsense recommendations that would introduce technology