Friday, May 29, 2009

Frame-By-Frame Taser Demonstration

http://www.kcci.com/slideshow/news/19590597/detail.html

Kidnap Hoax Raises Airport Security Questions



As police investigate the kidnapping hoax allegedly pulled off by Bucks County mom Bonnie Sweeten, there is one part of the story that is raising red flags about airport security.

Sweeten called 911 on Tuesday, to say she and her daughter had been kidnapped after a traffic crash. Later, she was seen on security video at Phladelphia International Airport boarding a plane of her own free will with her daughter. Both were eventually found by the FBI in Orlando, Florida.

Investigators say Sweeten bought a ticket and made her way through security using the identification belonging to friend and co-worker Jillian Jenkinson.

Jenkinson told Action News that Sweeten told her she needed her license to roll over an old lawfirm 401k, that Jenkinson said is now missing $4,000.

Jenkinson bears a resemblance to Sweeten.

Sweeten sold her daughter, Julia Rakoczy, as Noel Jenkinson. At age 9, Julia did not require identification to fly domestically as long she was accompanied by a parent.


FBI sources say Sweeten paid cash for the one-way tickets to Orlando.

When questioned by Action News on Thusday, the TSA claims Sweeten's successful escape from Philadelphia was not a security lapse.

A TSA spokeswoman said :"Our officers are trained to establish the legitimacy of travel documents and a government issued I.D., as apposed to fake credentials or ones that have been tampered with, and to make sure the name on the boarding pass matches the one on the I.D. Considering how Sweeten and Jenkinson look, no one can criticize our officers for not questioning whether it was the same person."

Full article here.

Livor Mortis

When cardiac activity stops, the hydrostatic pressure of the liquid blood causes it to settle and distend the dependent capillary bed. (The color of the dependent part will depend on the skin pigment and any additional compounds in the blood that may affect color, such as carbon monoxide, cyanide, or cold, but it is generally dark blue or purple).

Livor begins at or very soon after death since it is a function of blood flow and, therefore, cardiac activity. However, stasis can occur to some extent in shock and some degree of lividity can be present even while a person is technically alive. It is readily recognizable in 2-4 hours and becomes complete or fixed in 8-12 hours. Although it does not actually disappear, it becomes less distinguishable with changes in body coloration with continued decomposition. Although it is a simple process of settling, there are factors that will accelerate or retard the onset of visible livor, and the "disappearance" rate is similarly variable.

Livor will not usually develop where there is pressure from clothing or objects so important information regarding whether a patient was clothed for a period of time after death or if his position was changed can be gained from a careful inspection of livorfs distribution. Generally, time of death can, at best, be supported from observation of livor and comparison with the accelerating or decelerating factors affecting that scene.

A variation of livor is the phenomenon referred to as Tardieu spots. When the accumulated area engorged with blood is large, gravity can cause capillaries in the small area to rupture so that larger, usually circular or rounded areas of skin hemorrhage occur. Although there have been some statements as to a minimum time required to develop Tardieu spots, it seems to depend more on the weight of blood in an area coupled with the time the pressure is in effect.

These have to be differentiated from the much smaller petechial hemorrhages more suggestive of asphyxia. Size is important since these areas are usually 4-5 mm or larger in diameter, whereas petechiae are usually 1 mm or smaller in diameter.

From "Estimation of Time of Death" by Patricia J. McFeeley, M.D.

Rigor Mortis

Muscular relaxation immediately after death is followed by the onset of gradual rigidity without shortening of the muscle. Since muscle continues to metabolize for a short time after somatic death, or from products built up during the death event, glycogen is converted into lactic acid. As the pH falls, there is a physical change in the muscle protoplasm. Since there is no regeneration of ATP in dead muscle, this process proceeds in one direction only. The sol is converted into a gel as the actin of the muscle is physically changed. Since this is a chemical process, heat accelerates and cold decelerates the process. Acidosis, uremia or other medical conditions promoting a lowered pH accelerate the process. Although the process begins essentially immediately, rigor is recognizable in 1-6 hours, is maximum in 6-24 hours, and disappears in 12-36 or more hours.

Once the physical change of the muscle is forced, that degree of change will not reoccur, so that if someone has broken the rigor, it will not reform. If only partial, some rigor will continue to form. This is an unreliable method of indicating the time of death. It is affected by illness, temperature, activity before death, and the physical conditions where the body is placed or found. It may be poorly formed in the young or the old. It is an aid in the general determination of death at best and should not be relied on as a single indicator of the time of death.
From "Estimation of Time of Death" by Patricia J. McFeeley, M.D.

Alcohol Impairment Chart



Click on image for a printable layout.

Confessions Of A Drug Smuggler

Brian O'Dea tried marijuana in college and saw dollar signs. A born salesman, he began dealing to fellow college students in the early 1970s.

By the early 1980s, he had built a $100 million a year smuggling operation, and a cocaine addiction. His narcotics racket took him around the world to places such as Bogota, Columbia and Montego Bay, Jamaica.

O'Dea had some successful multimillion dollar deals, but more often than not, rip-offs, double-crosses, getting wasted and waiting characterized the operations.

"High" is Brian O'Dea's memoir of dealing drugs, doing time, and seeking redemption.

Full broadcast and article can be found here.

Purchase "High."

How to Make Terrorists Talk

The most successful interrogation of an Al-Qaeda operative by U.S. officials required no sleep deprivation, no slapping or "walling" and no waterboarding. All it took to soften up Abu Jandal, who had been closer to Osama bin Laden than any other terrorist ever captured, was a handful of sugar-free cookies.


Abu Jandal had been in a Yemeni prison for nearly a year when Ali Soufan of the FBI and Robert McFadden of the Naval Criminal Investigative Service arrived to interrogate him in the week after 9/11. Although there was already evidence that al-Qaeda was behind the attacks, American authorities needed conclusive proof, not least to satisfy skeptics like Pakistani President Pervez Musharraf, whose support was essential for any action against the terrorist organization. U.S. intelligence agencies also needed a better understanding of al-Qaeda's structure and leadership. Abu Jandal was the perfect source: the Yemeni who grew up in Saudi Arabia had been bin Laden's chief bodyguard, trusted not only to protect him but also to put a bullet in his head rather than let him be captured. (See pictures of do-it-yourself waterboarding attempts.)


Abu Jandal's guards were so intimidated by him, they wore masks to hide their identities and begged visitors not to refer to them by name in his presence. He had no intention of cooperating with the Americans; at their first meetings, he refused even to look at them and ranted about the evils of the West. Far from confirming al-Qaeda's involvement in 9/11, he insisted the attacks had been orchestrated by Israel's Mossad. While Abu Jandal was venting his spleen, Soufan noticed that he didn't touch any of the cookies that had been served with tea: "He was a diabetic and couldn't eat anything with sugar in it." At their next meeting, the Americans brought him some sugar-free cookies, a gesture that took the edge off Abu Jandal's angry demeanor. "We had showed him respect, and we had done this nice thing for him," Soufan recalls. "So he started talking to us instead of giving us lectures."


It took more questioning, and some interrogators' sleight of hand, before the Yemeni gave up a wealth of information about al-Qaeda - including the identities of seven of the 9/11 bombers - but the cookies were the turning point. "After that, he could no longer think of us as evil Americans," Soufan says. "Now he was thinking of us as human beings."


Soufan, now an international-security consultant, has emerged as a powerful critic of the George W. Bush - era interrogation techniques; he has testified against them in congressional hearings and is an expert witness in cases brought by detainees. He has described the techniques as "borderline torture" and "un-American." His larger argument is that methods like waterboarding are wholly unnecessary - traditional interrogation methods, a combination of guile and graft, are the best way to break down even the most stubborn subjects. He told a recent hearing of the Senate Judiciary Committee that it was these methods, not the harsh techniques, that prompted al-Qaeda operative Abu Zubaydah to give up the identities of Khalid Sheikh Mohammed, the self-confessed mastermind of the 9/11 attacks, and "dirty bomber" Jose Padilla. Bush Administration officials, including Vice President Dick Cheney, had previously claimed that Abu Zubaydah supplied that information only after he was waterboarded. But Soufan says once the rough treatment began - administered by CIA-hired private contractors with no interrogation experience - Abu Zubaydah actually stopped cooperating. (Read "Dick Cheney: Why So Chatty All of a Sudden?")


The debate over the CIA's interrogation techniques and their effectiveness has intensified since President Barack Obama's decision to release Bush Administration memos authorizing the use of waterboarding and other harsh methods. Defenders of the Bush program, most notably Cheney, say the use of waterboarding produced actionable intelligence that helped the U.S. disrupt terrorist plots. But the experiences of officials like Soufan suggest that the utility of torture is limited at best and counterproductive at worst. Put simply, there's no definitive evidence that torture works.

Full article here.

Thursday, May 21, 2009

GPS Tracker on Car Without a Warrant?

An interesting circuit split is developing on the issue of whether the police should be able to put a GPS tracking device on your car without first obtaining a warrant. In State of Wisconsin v. Sveum, the Wisconsin Court of Appeals upheld the use of a GPS device to gain information on the travel of Sveum:

The result is a detailed history, including time information, of the device’s location and, hence, the vehicle’s location. While Sveum’s car was in his driveway, police secretly attached the device to the underside of his car with a magnet and tape. The police tracked Sveum’s car with the device for about five weeks. During this time, Sveum parked his car in his enclosed garage and inside a garage at his place of employment, a car care center.

We agree with the State that neither a search nor a seizure occurs when the police use a GPS device to track a vehicle while it is visible to the general public. The seminal cases on this topic are United States v. Knotts, 460 U.S. 276 (1983), and United States v. Karo, 468 U.S. 705 (1984).


By contrast, in People v. Weaver, the New York Court of Appeals held that using a GPS device to track movements without a warrant does violate the New York State Constitution:
It would appear clear to us that the great popularity of GPS technology for its many useful applications, may not be taken simply as a massive, undifferentiated concession of personal privacy to agents of the state. Indeed, contemporary technology projects our private activities into public space as never before. Cell technology has moved presumptively private phone conversation from the enclosure of Katz's phone booth to the open sidewalk and the car, and the advent of portable computing devices has re-situated transactions of all kinds to relatively public spaces. It is fair to say, and we think consistent with prevalent social views, that this change in venue has not been accompanied by any dramatic diminution in the socially reasonable expectation that our communications and transactions will remain to a large extent private.

Prosecutors Justify (?) Blocking DNA Testing for Prisoners

This interesting (appalling?) article in the New York Times earlier this week regarding a movement to not allow DNA testing for inmates claiming innocence:
Louisiana, where Mr. Reed is in prison, is one of 46 states that have passed laws to enable inmates like him to get such a test. But in many jurisdictions, prosecutors are using new arguments to get around the intent of those laws, particularly in cases with multiple defendants, when it is not clear how many DNA profiles will be found in a sample.

The laws were enacted after DNA evidence exonerated a first wave of prisoners in the early 1990s, when law enforcement authorities strongly resisted reopening old cases. Continued resistance by prosecutors is causing years of delay and, in some cases, eliminating the chance to try other suspects because the statute of limitations has passed by the time the test is granted.


For an interesting and thoughtful analysis of this topic, see this post from Grits for Breakfast.

Wednesday, May 20, 2009

UK Study Shows Cameras in Public Places Do Little To Reduce Crime

From The Guardian full article here)

The use of closed-circuit television in city and town centres and public housing estates does not have a significant effect on crime, according to Home Office-funded research to be distributed to all police forces in England and Wales this summer.

The review of 44 research studies on CCTV schemes by the Campbell Collaboration found that they do have a modest impact on crime overall but are at their most effective in cutting vehicle crime in car parks, especially when used alongside improved lighting and the introduction of security guards.

The authors, who include Cambridge University criminologist, David Farrington, say while their results lend support for the continued use of CCTV, schemes should be far more narrowly targeted at reducing vehicle crime in car parks.

Results from a 2007 study in Cambridge which looked at the impact of 30 cameras in the city centre showed that they had no effect on crime but led to an increase in the reporting of assault, robbery and other violent crimes to the police.

Cross Examination the Easy Way

This interesting post (from civil attorneys at Plaintiff Trial Lawyer Tips) is worth a perusal. Entitled, "Five Steps of Preparation for Cross Examination", it's worth a read for investigators as well given that it is often the investigator that is helping the attorney get the information needed to do a good cross examination.

The Five Steps?
* Determine the goals.
* Divide goals into individual topics.
* Document the cross examination.
* Use Role Reversal.
* Divide the cross examination into chapters.

There is also a worthy post on cross examination principles that includes tips such as don't get lost in the details (because the jury surely will), approach from a big picture point of view, be brief, and make your point then quit.

Attorneys need help getting their cross examinations put together and that help includes both investigating the facts necessary to have a good cross as well as helping your attorney not get lost in the details and miss the big picture.

President Obama to Give Speech on Guantanamo Military Commissions

From ACLU Blog of Rights:

Tomorrow morning at 10:10 a.m., President Obama will deliver a "major national security speech" from the National Archives in Washington, D.C. We’re expecting more details on his plans to revive the unfixable military commissions.

ACLU Executive Director Anthony Romero said in a statement last week:

These military commissions are inherently illegitimate, unconstitutional and incapable of delivering outcomes we can trust…

Despite the administration’s efforts to improve the system, the only explanation for reviving it would be to accommodate the damage that has already been done by the Bush administration’s policies of torture, illegal detention and denial of fair trials.

New Ninth Circuit Body Armor Case Worth Read

Many people are not aware that Congress made possession of body armor a crime for "violent felons" to possess. (See 18 U.S.C. sec. 931). It is regulated under the "Commerce Clause" of the United States Constitution. Here is a snippet from the Ninth Circuit Blog
Issue(s): “This case of first impression in the Ninth Circuit requires us to consider whether Congress has the authority under the Commerce Clause of the . . . Constitution . . . to criminalize the possession by a felon of body armor that has been sold or offered for sale in interstate commerce . . . . Put another way, the issue is whether the sale of body armor in interstate commerce creates a sufficient nexus between possession of the body armor and commerce to allow for federal regulation under Congress’s Commerce Clause authority.” Id. (internal quotations and citations omitted).

Held: “We conclude that we are bound by [pre-Lopez trilogy] precedent – absent the Supreme Court or our en banc court telling us otherwise – and that the felon-in-possession of body armor statute passes muster.” Id. at *1.

Opinion available here

Tuesday, May 19, 2009

Michael Vick's Release from Bureau of Prisons

NFL update: More on Vick's release ... while wondering about Plaxico's fate

For all you reentry fans, here is the latest news from ESPN about Michael Vick's imminent release from federal prison:
Concerned about Michael Vick's security, the federal bureau of prisons remains secretive about exactly when he will leave the federal penitentiary after serving 23 months for a dogfighting conspiracy. The suspended NFL quarterback's release could come under the cloak of darkness, sources close to Vick told ESPN's Kelly Naqi. Paperwork is being processed Tuesday and Vick is expected to leave prison sometime Wednesday.
Upon his release, Vick will travel to his home in Hampton, Va., about a 19-hour trip if he chooses to drive. He will not be escorted by federal authorities and must report into the probation office in Norfolk on Friday, at which time he'll begin serving home confinement. For two months, the suspended NFL star will be largely confined to his home and will wear an electronic monitor that allows federal probation officials to track his movements. He is expected to be released from federal custody on July 20....
Vick will be allowed to go to his full-time construction job and will likely be allowed about five hours a week for other court-approved activities, according to Ed Bales, managing director of Federal Prison Consultants, an inmate rehabilitation advocacy group.
Permissible activities for inmates on home confinement typically include things like medical appointments, religious obligations and meetings with probation officials. No dinners out. No chilling at a friend's house. And definitely no bars. "He's going to be pretty much read the riot act: 'If we catch you in one situation like that, it's back to you know where,' " Bales said.
One restriction tailored specifically for Vick for his three years of supervised probation: He can never again own a dog. U.S. District Judge Henry Hudson already made that decision when he sentenced Vick.

Monday, May 11, 2009

Irish Courts

Always good to know, just in case you find yourself looking for international information...Irish Courts Includes information on court locations, court opinions, contact information, how to become a member of the Irish Bar, and, important for investigators, information on Irish Freedom of Information Act.

Miami Beach Police Department Record Requests

All record requests can be sent to:


Miami Beach Police Department

1100 Washington Avenue

Miami Beach, Florida 33139


(p) 305.673.7900

Monroe County Florida Inmate Lookup

The Arrest/Mug Shot pages are updated hourly and include arrests for the past 7 days. Each page is one day's arrests, and the arrests appear in alphabetical order on each page. To see a complete listing of current inmates updated hourly, along with their location, charges and bond information, please click here.

Key West Police Department Record Requests

All record request can be sent to:

Key West Police Department
1604 North Roosevelt Boulevard
Key West, Florida 33040

tel: (305) 809-1111

Wednesday, May 6, 2009

Attorney General Eric Holder's Statement on Ali Al-Marri

"A short while ago, in an Illinois courtroom, Ali Saleh Kahlah Al-Marri pleaded guilty to conspiracy to provide material support to the al-Qaeda terrorist network. By entering into this agreement, al-Marri admitted that he worked for and provided material support to al-Qaeda with the intent to further its terrorism objectives and activities here in the United States.
"Without a doubt, this case is a grim reminder of the seriousness of the threat we, as a nation, still face. But it also reflects what we can achieve when we have faith in our criminal justice system and are unwavering in our commitment to the values upon which this nation was founded and the rule of law.
"Just days after taking the oath of office, President Obama directed me to lead an interagency review of the al-Marri case. At the time, al-Marri had been sitting in a naval brig in South Carolina for more than five years facing no charges.
"As a result of that review and an examination of the evidence gathered during the extensive investigation of al-Marri by the FBI and Justice Department prosecutors, we decided to charge al-Marri in federal court. In February, a federal grand jury in Illinois indicted al-Marri on two counts of providing and conspiring with others to provide material support to al-Qaeda.
"That led us to where we are today - the resolution of this case that will send al-Marri to prison for up to 15 years.
"There are many milestones we achieve today, not the least of which are –
--The conviction of an al-Qaeda sleeper agent captured in the United States;
-- The certainty that our criminal justice system can and will hold terrorists accountable for their actions, and;
-- The triumph of the exhaustive efforts of dedicated professionals at the Justice Department and many other agencies involved in this case.

RSA Conference-Information Security Worldwide

The RSA Conference is an information security gathering held every year. Given the massive volumes of information that our networks hold, it is certainly a worthwhile topic to become familiar with. The website has loads of information even if you missed the conference. Every year the conference explores every leading topic in the field of information security from cryptography to legislation, to government and policy mandates. Not only did the FBI attend, they created a video useful to those working in cybercrime cases. The FBI's website talks of sharing intelligence and assisting those companies in the information security business; however, there are a few somewhat alarming requests:

At the same time, we need lots of support and advice from businesses, academia, and government:
Most importantly, we need intelligence from cyber experts like those at the conference—details on possible suspects and victims and the tools, tactics, and procedures used in attacks.
We need companies to report incidents, even when it’s not convenient to do so. Henry said, “I know trust is an important aspect of this sharing, and I hope you continue to trust that I will maintain your confidentiality, use the information you give me wisely, and actually have an impact on the threat.”


Not convenient, or not constitutional is the question de jour when dealing with the delicate balance of information security and information privacy.

Irish Criminal Records Bureau-One Stop Shopping

The Criminal Records Bureau(CRB) acts as a ‘one-stop-shop’ for organisations, checking police records and, in relevant cases, information held by the Department of Health (DH) and the Department for Children, Schools and Families (DCSF). There are two levels of CRB check currently available; called Standard and Enhanced Disclosures. More information available through the Bureau, available here.

Minor Crime...Major Waste

A new report released by NACDL (National Association of Criminal Defense Lawyers) reports that the average state misdemeanor rate is 3,500 cases per 100,000 citizens. That means taxpayers are paying for more than 10 million misdemeanor prosecutions per year. The report, available here, reports that in three major cities - Atlanta, Chicago, and Miami, public defenders have more than 2,000 cases per lawyer, per year. In New Orleans, it is more than 18,000 due to the effects of Hurricane Katrina. When you consider the types of cases-loitering, driving with a suspended license, curfew violations-it becomes clear that maybe petty crime is really just that...petty.