FlashPoint June 2016

Transcription

FlashPoint June 2016
FLASH POINT
T HE O FFI C I AL PUB L I CAT I O N OF T H E SA N LUI S O B I SP O F IR E
T H E O F F I C I A L P U BT LHI EC AOT FI FO I NC I OA FL TP HU EB LS I AC NA IT LNI UOV INES S OTO IFBGITASHTPEI OO SNFA I NSR TELR UI KI SE OT EB AI SMP O F I
the importance of bugs:
why we need entomologists
Volume 4, Number 2 // June 2016
slo f is t. or g
abo
u tSLOFIST
SLOFIST
about
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SLOFIST Executive Staff
John Madden, President/Chief Executive Officer
Barb Kessel, Chief Financial Officer
Dr. Elayne Pope, Vice President - Training and Education
Bob Adams, Vice President - Operations/Field Operations
Stuart MacDonald, Vice President - Administration
Dr. Robert Kimsey, Secretary - Forensic Sciences Director
Scott Hall, Vice President - Safety
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Inside this Issue of Flash Point
This issue discusses the manner in which firefighting has
evolved from primarily fighting fire to more of a medical
services response.
Historical glimpses of how this has
changed, as well as new technological challenges, make up
a mew type of role for today’s firefighter. The newsletter
concludes with a discussion of some of the legal challenges
associated with the uses of new technology as well as
reminders for how to maintain your credibility.
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FFDIC 2016 Course Review......................... Page 1
Spotlight: Forensic Biology ........................ Page 2
SLOFIST Directors
Brian Parker, Classroom Instruction
Nancy Acebo, Locating the Dead Instructor
Impact of Technology ................................. Page 6
Kevin McBride, Hotel Liaison
Dennis Byrnes, Logistical Operations
Mike Whitney, Videography and Medical Education CEUs
Jamie Novak, Photographic Documentation
Jeremy Davis, Marketing/Thermocouple Data Collection
Training Schedule ...................................... Page 8
Criminal Law Update ..................................Page 12
Eric Emmanuele, Marketing/Live X-Ray Data Collection
Jeff Nichols, SLO Sheriff’s Department, Coroner Division
Dr. Lynn Kimsey, Staff Photographer
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SLOFIST is a 501(c)(3) Non-profit organization
Box 1041, Atascadero, California 93423
www.slofist.org
[email protected]
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Copyright 2016, SLOFIST
Bugs that Made History .............................. Page 13
Book Review .............................................. Page 16
Law Enforcement & Science ........................ Page 18
Travel Destination: Archeology ................... Page 22
FFDIC 2016 Course Overview
Courtesy of Mary-Jane Harding, Archaeologist and Anthropologist, United Kingdom
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My name is Mary-Jane Harding, and I’m a PhD researcher from the UK who recently made the transAtlantic trip to attend the Forensic Fire Death Investigation Course (FFDIC) sponsored by the San Luis
Obispo Fire Investigation Strike Team, Inc. (SLOFIST, Inc.) in San Luis Obispo, CA. My background is in
archaeology (BA Hons), and Forensic Archaeology and Anthropology (MSc), in which I majored in Fire
Investigation. My PhD is investigating the applicability of traditional and archaeological techniques in Fire Investigation, with
my primary focus on fatal fires and understanding heat induced movement of fatalities.
Here in the UK, I am privileged to hold a joint position as both a PhD Researcher within Cranfield Forensic Institute and Fire
Investigation Academic Attachment with Dorset and Wiltshire Fire Service, following completion of my FI training. This unique
practical-academic position enables me to undertake my research with participation and understanding of frontline
investigations.
To my mind there really is nothing more important than experiencing first-hand the complexity of fire
investigation, and in particular the intricacy of undertaking a fatal fire investigation.
It is very important to me that my work is applicable to frontline personnel—whichever frontline service/profession you work for
—and I’m driven by my desire to undertake the best scene analysis, recording, and recovery for victims and their family.
To this end, when I heard about the FFDIC course with SLOFIST Inc., I knew that it was a course I needed to attend. In the UK
we are unable to use cadavers in this kind of research, and my experimentation thus far has used pigs as proxy in burns. This
unique opportunity to observe and participate in such a varied set of fatal fire scenes was compelling, so I made the journey
across the Atlantic.
Firstly, I was taken back by the diversity of my fellow candidates, from varied professions such as District Attorney’s offices,
Coroners, Police, CSI and of course a wealth of Fire Investigators. Secondly, it was so refreshing to be surrounded by likeminded individuals who had a genuine interest in expanding their knowledge of fatal fires.
The classroom component was fairly intensive with an array of experts providing lectures in their field of experience and
knowledge. The breadth and diversity of subject matter was very interesting, all in keeping within the fatal fire theme, and the
use of real case evidence as examples certainly helped support the lectures.
The practical component was extraordinary with the various scenes laid out ready for investigation, many of which were based
on real case work the various Proctors had encountered in their professional capacity.
Teams were created with careful
consideration of the mixed skill sets of candidates, and certainly in my team I found this to be very beneficial. Processing the
scene over the two days was a great way to reinforce both our collective experience and new knowledge, with all participants
playing key and equal roles.
In addition to the team scene investigation, I felt that observing a burn first hand was not only a very useful learning
experience, but underpinned the whole week’s training. As professionals, we are primarily post-scene analysts, so to witness
both fire dynamics and transitional body movement first hand aids not only our understanding, but also affords us real time
knowledge.
Over my academic career I have sat through many lectures (more than I care to count) and this week at
SLOFIST is certainly the best week’s training I have ever encountered. To be able to participate in
something I am passionate about, with like-minded individuals was brilliant—definitely worth the trip
—and I made some new friends too.
I would most definitely recommend attending this course,
wherever you are in the world, it’s a very unique and unforgettable experience!!
Mary-Jane Harding
Forensic Archeologist and Anthropologist
FLASH POINT — JUNE 2016 — PAGE 1
S p o tl ig h t: T h e Ro le o f the Fo rensic B io lo g ist
7/13/2016 || environmentalscience.org
Biology deals with the science of living things—human, plant, animal, and everything in between. They will
also study how these living systems interact with their environment. Although some will understand a
single organism completely, others will learn about environmental and ecological impact of wildlife—none
of these things exist in a bubble. A forensic
biologist pieces together a picture of
biological evidence.
Effectively, they are
biological detectives, looking at various
aspects such as entomology, how environment
shapes a living organism or how, where or
when something died.
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They build a picture from the “freeze frame”
evidence. How did this creature live? How did
it die? What are the circumstances of its death? What is the likely sequence of its final days or hours? This
detective work is unsurprising that they will often end up in law enforcement or in scientific services. Even
those who examine dead bodies need to have an understanding of the wider biology such as botany and
microbiology amongst other things.
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Forensic biologists are sometimes employed in anthropology in order to understand what may have
brought about the end of an individual or civilization. They may also work with archaeologists to ensure
that a body discovered on a construction site is ancient and not recent. Their evidence and understanding
of biology detective work can be invaluable in adding a human element to the stories of the past.
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Most will find employment with law enforcement—most in dedicated research units as employees or on
retainer. They can work at a state or local level with police departments, or with the FBI in criminal cases.
They may even join law investigation teams and become police officers or federal agents themselves.
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That's not to say that their forensic work and
acquired evidence is purely for prosecution,
often suspects are acquitted on the basis of
this evidence. When they do work for the
prosecution, they will build up a picture of
how and when the victim died—looking at
soil, animal feeding patterns, the
decomposition, any drugs in the system, their
last meal and much more. Regardless of
their capacity, they have one of two
specializations available in criminal law: the
first is in crime scene analysis and the second
is as a lab technician.
FLASH POINT — JUNE 2016 — PAGE 2
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Spotlight: The Forensic Biologist
Three New Species of Flesh Flies Found in Brazil and Argentina
July 13, 2016 / entomologytoday.com
Two new species of flies in the family Sarcophagidae, which are commonly known as flesh flies because some
of them deposit maggots into the wounds of animals, have been discovered in Brazil, and another new
species has been found in Argentina. All three belong to the genus Lipoptilocnema, and are described in an
article in the Journal of Medical Entomology.
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The new species were discovered when taxonomists examined museum specimens from the two countries in
an effort to revise the genus and its species. The discovery is significant because it may have implications for
forensic entomology — when entomologist examine insects found on carcasses and corpses to determine the
time of death and other clues — because sarcophagid fly larvae and adults are sometimes found on dead
animals. In fact, some of the samples examined for this study were collected from the carcasses of pigs, snails,
and rodents, and one was found on a dead human.
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When a partly buried body was found in the Villavicencio Natural Reserve in Argentina, entomologists came
and collected larvae from the corpse. They then reared the larvae until they emerged as adults, and they were
identified as a new species called Lipoptilocnema delfinado. According to the authors, “The species epithet,
delfinado, is an Argentinean slang in reference to specimens that were obtained from human corpse.”
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One of the other new species, Lipoptilocnema savana, was found on a pig carcass in Brazil. The species
epithet, savana, refers to the ecoregion where the species has been collected, the Cerrado, which is also
known as Brazilian savanna.
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Very little is known about the biology of the third new species, Lipoptilocnema tibanae, but it is found near Rio
de Janeiro. It was named tibanae in honor of Professor Rita Tibana, professor emerita of the Museu Nacional
Rio de Janeiro, for her endeavors in understanding the Neotropical fauna of flies in the family Sarcophagidae.
Lipoptilocnema delfinado, a new flesh fly species found on a corpse in Argentina that may be
useful for forensic entomology.
FLASH POINT — JUNE 2016 — PAGE 3
Sp o t l i gh t : T he Fore nsic Biolog i s t
Forensic Entomology is More than Just Blow Flies and Beetles
January 22, 2015 / entomologytoday.com
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Fans of CSI: Crime Scene Investigation and similar TV shows know that forensic entomology involves the use of
insects and other arthropods in legal matters, including homicide cases. Entomologists who are properly trained can
find clues about a corpse — for example, time of death and whether a body has been moved — by observing the
insects on and around it.
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Forensic entomologists rely on certain insects that are typically found on corpses. Blow flies, for examples, can hone
in on dead animals and lay eggs within minutes, and forensic entomologists can gather clues by examining the
developmental stages of the larvae and the pupae. Dermestid beetles are also associated with dead bodies. In fact,
their larvae are sometimes used by museums and by taxidermists to strip the flesh off of bones. A new study
published in the Journal of Medical Entomology shows that other insects — ones that are not normally associated
with human corpses — also interact with dead bodies, which may provide more clues for forensic entomologists in
the future.
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As part of her master’s thesis, Natalie K. Lindgren, a student at Sam Houston State University, studied cadavers at the
Southeast Texas Applied Forensic Science facility and made some unusual observations. “Having never worked with
cadavers I did not know what it was going to be like,” she said. “My concerns about working with cadavers quickly
went away when I realized for us, the researchers, there is no sadness associated with these dead people. These
people or their families donated their bodies because they wanted them to
be used for education, training, and research, so to fulfill their wishes we
should all try to do the best science that we can.”
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Natalie’s schedule was rigorous, as she and her colleagues checked the
cadavers one to four times each day for a whole year.
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A scorpionfly, Panorpa nuptialis, feeding on scalp
fluids from autopsy incisions.
“I was pretty much married to my cadaver research for that year,” she said. “I
made myself comfortable and brought a lawn chair to sit in for taking
observation notes, changing camera lenses, and for getting the insects from
the kill jar into the labeled falcon tubes.”
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In two of the case studies, the researchers observed insect interactions that had not been previously documented on
human cadavers. In the first one, scorpionflies (Panorpa nuptialis) were the first insects to feed upon a freshly placed
cadaver. According to Natalie:
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“In the fall of 2009 we had just placed a clothed cadaver face down and were waiting for the first insects to arrive
so that we could catch and document them. The first insect to show up was a scorpionfly, and it landed right next
to the cadaver and then crawled onto it. I knew very little about scorpionflies and initially thought it was an
incidental insect that was not there for the cadaver, but I was wrong! It walked up to the head and began feeding
intently on the fluids seeping from where the brain had been removed during autopsy. As we sat there watching,
other scorpionflies came to the cadaver and started mating and feeding on the cadaver too. We had surveyed
several cadavers prior to this one and had expected blow flies, flesh flies, and house flies to arrive first and be the
most numerous. But to our surprise, for the first few visits to this cadaver, scorpionflies outnumbered all other
insects.”
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“It’s significant that Panorpidae (scorpionflies) were the first insects to feed upon a freshly-placed corpse,” said Dr.
Jason Byrd, President-Elect of the North American Forensic Entomology Association, who was not involved with the
research. “Entomologists rely on insect succession to help them determine portions of the postmortem interval, and
FLASH POINT — JUNE 2016 — PAGE 4
More than Blow Flies and Beetles…
and having a study that indicates that Panorpidae are
early-arriving species will certainly assist forensic
entomologists in their investigations.”
scavenging behavior.
Knowledge that a
noctuid is an
opportunistic scavenger
will be beneficial to
entomologists because
the pattern of
scavenging is likely
different than that of
other insects, and it
should not be
accidentally attributed to
a pattern injury from a
human perpetrator.”
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In another case, Natalie and her colleagues saw a
caterpillar (Spodoptera latifascia) in the family
Noctuidae chewing and ingesting dried human skin:
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“One cadaver that was still somewhat fresh had
many of his toenails removed when no one was
around. We hypothesized that some animal from the
woods had come in and chewed/pull them off
during the night, but the cameras did not catch the
activity. Interestingly, the porous, soft flesh that had
been previously covered by the toenails had filled
with bright-red blood, so that from a distance these
feet appeared to have brightly-painted toenails.
Due to this phenomenon, any time I walked by this
cadaver, even if it was not his turn for observations
and collections, I could not help but to stare at his
toes. On this day, I was walking by and could see
from a distance that there was a caterpillar on his
toes, so I scrapped my usual order of observations
and went to see what this caterpillar was doing. I
had seen caterpillars on roadkill before, but they
appeared to be incidental, just in the wrong place at
the wrong time. I sat and watched this caterpillar
crawl around on the toes, and then it settled and
began to chew and ingest the flakes of rough skin
next to where the toenail had once been in the
same manner that a caterpillar chews down the side
of a leaf. Luckily, I had my macro lens on my camera
and I got great shots of this behavior to show
others, because I knew that they would not believe
me otherwise! If I had been earlier or later in my
observations that day, or had not stopped and
watched what this caterpillar was doing without
disturbing it, then I would have missed that it was
actually interacting with the cadaver and was not
incidental.”
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A noctuid caterpillar ingesting dried skin
near the toenail of a cadaver.
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After her field research
was completed, Natalie
hit the books to find out
whether her observations
were new or unusual.
“It was a different kind of fun to get into the literature
and try to figure out if others had reported these
species interacting with cadavers or carrion and under
what circumstances. I spent months and befriended our
lovely librarian Bette Craig trying to answer those
questions. I did not want anybody else to have to start
from ground zero on a literature review if one of these
species, or a closely related species, is found in
association with a casework or research cadaver. I
sincerely hope that this article contributes to our
understanding of decomposition ecology and motivates
others to observe and collect insects we usually think of
as incidental during decomposition studies.”
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“The report of the noctuid caterpillar found chewing
and ingesting dried human skin is interesting because
we need to interpret the various postmortem artifacts
that manifest on human remains,” said Dr. Byrd.
“Roaches, ants, crayfish, starfish, bees, and wasps all
leave characteristic markings as a result of their
This noctuid caterpillar was unexpectedly found
ingesting dried skin near the toenails of a cadaver.
FLASH POINT — JUNE 2016 — PAGE 5
The Impact of Technology
California Man Arrested for Piloting Drone Over Wildfire
Associated Press / July 16, 2016
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Authorities have arrested a man they say flew a drone over a Northern California wildfire and grounded firefighting aircraft.
Eric Wamser, 57, of Foresthill in Placer County was arrested Friday on suspicion of interfering with firefighting operations. It's
not clear whether he has a lawyer.
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State fire spokesman Daniel Berlant says Wamser allegedly flew a drone
over the Trailhead Fire (seen to right) on June 28 near the American
River. The 5,600-acre blaze forced hundreds of people from homes in
Placer and El Dorado counties.
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Berlant says authorities tracked down Wamser after he posted video
from the drone on social media. Berlant says there have been dozens
of similar drone incursions in fire areas over the past two years but
Wamser is the first person arrested by state fire investigators.
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Drones Are a Big Problem for Firefighters
Battling Massive Blazes
time.com / June 27, 2016 / Julia Zorthian
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“They’re forcing air crews to land to avoid collisions.”
As at least three major wildfires rage across the American southwest, the people tasked with controlling them are contending
with an unusual problem beyond the flames themselves: Drones.
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Officials say that small personal drones are increasingly being spotted flying near or above wildfires, interfering with aircraft
used for aerial firefighting and firefighter transport operations. Small drones operating near wildfires put those aircraft at risk
of collision. It’s unclear why people are flying drones near wildfires, but it’s likely they’re being used to record video footage
of the blazes.
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Firefighters spotted two drones in their air crew’s operating area on Wednesday in Arizona, the Arizona Republic reports. A
drone almost collided with a fire crew’s helicopter in Utah the same week.
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Over the weekend, airborne firefighters in California had to stall their operations when they spotted drones in the area while
fighting the San Gabriel Complex fire. The U.S. Forest Service issued a warning in response, saying that flight restrictions were
in effect and reminding the public that drone operators interfering with fire crews could be fined or jailed, according to The
Los Angeles Times.
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U.S. Forest Service spokeswoman Jennifer Jones told the Republic that drone activity over firefighting areas is becoming
more frequent, reaching 21 reported cases last year and 9 so far this year. Three of this year’s drone incidents resulted in air
crews returning to the ground, delaying the operations. “There’s no centralized method for tracking incidents, but we started
to notice the trend of seeing UAVs over fire suppression operations in 2014,” Jones told the Republic.
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Some drone advocates say they can be used to assist first responders in their efforts, but only when deployed with the
acknowledgment and cooperation of authorities. Federal aviation officials recently approved a rule that opens the door for
further use of drones in commercial applications, a move that may result in more drone firms offering their services to
firefighters, search teams and so on.
FLASH POINT — JUNE 2016 — PAGE 6
The Impact of Technology
U.S. Forest Service officials are asking drone operators to
stay away from the CA wildfires, as firefighters complain
that drones are interfering with their efforts.
Nine
different wildfires are still burning throughout California,
with almost 70,000 acres burned so far. Over 5,000
firefighters are working on containing the fires, state and
federal authorities say. While drones can be used to
assist in natural disasters, helping with both search and
rescue operations and mapping to identify the centers of
the blazes, firefighters complain that drone operators
looking for images of the fires are interfering with their
ability to fight the fire from the air.
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CA has enacted heavy local restrictions against
drones, making it a challenging space for any type of
drone operator. Interference with the states’
commonly occurring wildfires is one of the most
frequently cited reasons for heavy drone regulation, as
firefighters in helicopters sometimes refuse to take off
if they see a drone in the vicinity.
The U.S. Forest Service told drone operators on Sunday
that they may face serious criminal charges if they violate
the emergency flight restrictions currently in effect.
“When drones interfere with firefighting efforts, a wildfire
has the potential to grow larger and cause more
damage,” the agency stated in an incident report.
Drone industry leaders are asking all drone operators to behave
responsibly and observe any temporary flight restrictions around
the natural disasters – as new federal regulations make it likely
that the use of drones will expand, it behooves the drone
community to ensure that the public comes to view drones as a
help, rather than a hindrance in emergency scenarios.
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With hundreds of media headlines complaining that drones had
interfered with firefighters, only one pointed out that drone aerial
mapping had been used to assist officials to chart the real-time
progress of the fire.
Stay Away From the CA Wildfires! Complaints About Drones
ARTICLE FROM DRONE LIFE // JUNE 28, 2016 // BY MIRIAM MCNABB
FLASH POINT — JUNE 2016 — PAGE 7
Training Schedule — Plan Ahead for 2017 Courses
J a n ua ry 2017
Forensic Vehicle Fire Investigation Course
Chowchilla, CA
January 23-27, 2017 — 40 hours
See fireinvestigationindustries.com for further information.
J u n e 2017
Death Scene Investigation Course (DSIC)
San Luis Obispo County Fire Department Training Grounds
June 2017 (TBD) — 40 hours
To enroll, go to https://glencraiginstitute.com, or [email protected]
Airway Management Lab
California Highway Patrol, Air Operations, Paso Robles
June 2017 (TBD) — 4 hours
Check in occasionally at www.slofist.org for updates on this course.
Automobile Versus Bicycle Reconstruction Course (AVBRC)
San Luis Obispo County Fire Department Training Grounds
June 2017 (TBD) — 6 hours
Check in occasionally at www.slofist.org for updates on this course.
Locating the Dead (LTD) — Cadaver Dogs/Handlers/Observers
San Luis Obispo County Fire Department Training Grounds
June 2017 (TBD) — 8 hours
Check in occasionally at www.slofist.org for updates on this course.
Forensic Fire Death Investigation Course (FFDIC)
San Luis Obispo, Embassy Suites Hotel
San Luis Obispo County Fire Department Training Grounds
June 24, 2016 — June 30, 2017 (40 hours)
Secure your spot now at www.slofist.org for this course.
FLASH POINT — JUNE 2016 — PAGE 8
New Technology in the News
Privacy row over FBI iris scan “trial”
bbc.com // July 13, 2016
The FBI has collected nearly 430,000 iris scans over the past three years, an investigation by
technology website The Verge, has revealed.
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What started as a pilot in 2013 has grown into a database "without any public debate
or oversight", said the American Civil Liberties Union. It amounted to "runaway
surveillance", director of technology Nicole Ozer tweeted. The FBI said it was
developing "best practices" for iris image capture. The project was launched in
September 2013 and has seen the FBI collaborate with agencies in Texas, Missouri
and California.
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The iris data, taken from people who have been arrested, can be scanned in a
fraction of a second. Privacy International told the BBC: "It is deeply concerning that
hundreds of thousands of people's iris scans are being added to a biometric
database without public debate, proper safeguards, or even awareness that such data
has been taken and is being stored.
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"If our biometric data is to be collected at all, such systems should not be introduced
or continued before a public debate, strong legal frameworks, and strict safeguards
are in place."
"It is deeply
concerning that
hundreds of
thousands of
people's iris scans
are being added to
a biometric
database without
public debate,
proper safeguards,
or even awareness
that such data has
been taken and is
being stored.
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The scan takes a detailed image of the ridges in the colored part of the eye, which are
as detailed and distinctive as a fingerprint. An average of 189 iris scans were collected every day in
California at the start of 2016, according to documents obtained by The Verge.
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The program was started to "evaluate technology, address key challenges and develop a system
capable of performing iris image recognition
services", according to the FBI's website.
Such technology is necessary in order to
easily track criminals and quickly catch repeat
offenders and suspects who try to hide their
identities, the FBI argued.
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The project falls under its $1 billion nextgeneration identification system that aims to
expand the bureau's old fingerprinting
database to other identifiers such as facial
recognition and palm prints.
FLASH POINT — JUNE 2016 — PAGE 9
New Technology in Old News
Through Airport Security in the Blink of an Eye
boomberg.com // August 13, 2012 // Ashlee Vance
New iris scanning technology cuts airport wait times from 49 minutes
to 22 seconds. If there’s such a thing as frequent-flyer porn, it might be
The Future Passenger Experience, a recently issued white paper from
AOptix Technologies. The 10-page document presents an idyllic future in
which a traveler shows up at an airport, tosses his bag on a conveyor belt,
breezes through security, and boards a plane without ever dealing with
another human or handling any documents. This is all accomplished with
new face and iris scanners that can quickly identify a person—even a
fidgety one—and automatically approve his progression through the
normally onerous process of getting on an airplane.
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AOptix, a 100-person outfit based in Silicon Valley, says it has the
technology to pull off this vision of the future.
The company has
developed a scanner that can snap an iris from a few feet away in about a
second.
“It has to be easy enough for an 80-year-old Tibetan
grandmother who has never flown before,” says Dean Senner, chief
executive officer of AOptix. Senner is championing the idea that by 2020
the vast majority of people will be processed automatically at airports by
matching iris scans against databases.
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Movements to implement biometric scanning at airports gain steam every few years, but iris scanners have been too
slow and inconsistent for heavy use. Privacy experts are also concerned about an iris database being hacked and
someone having their biometric identity stolen. Still, some big-name investors, including venture capital firm Kleiner
Perkins Caufield & Byers, have bet that AOptix has finally overcome those problems. On Aug. 23 the company was
set to announce it has raised $42 million in its latest funding round, bringing its investment total to $123 million.
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With conventional iris scanners, the subject usually needs to be about a foot from the machine and remain still while
the scan takes place. AOptix makes a tower roughly the height of an average person that can take a scan from
about eight feet away. “They’ve become quite famous for making it so that people can just walk up and do the scan
without needing to be precisely placed in front of a machine,” says Patrick Grother, a computer scientist at the
National Institute of Standards and Technology. It takes around eight seconds to register both eyes in a database on
a passenger’s first scan and just a second or two in subsequent scans to recognize them.
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In AOptix’s Future Passenger Experience scenario, flyers will walk up to a scanner when they arrive at the airport to
verify their identity. Then, if they’ve registered before and been prescreened, they can go through a fast lane at
security. Finally, they’ll walk up to an e-gate, which will open up and let them board a plane after one last iris and
face scan verifies their identity. AOptix was founded in 2000 by two astronomers from the University of Hawaii who
worked with deep space telescopes atop the islands’ mountains. The researchers hit on new techniques for
correcting the ways in which the atmosphere distorts the starlight reaching their telescopes. Over time, their
insights evolved into the basis for a long-range, wireless communication system. Originally, the basic technology
worked like this: An operator fired a laser at a target equipped with a malleable lens and some software.
Iris Scanning Tech In The News
FLASH POINT — JUNE 2016 — PAGE 10
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The software then performed about 30,000 calculations per second to determine how the atmosphere was
affecting the laser beam. The lens, about the size of a 50¢ piece, changed its shape 1,000 times per second via
electrical impulses to clean up the signal. “It’s like putting on a pair of glasses that are always adjusting,” says
Senner. The end result is the ability to send a huge amount of information over a reliable wireless connection.
!
At first, AOptix had difficulty convincing would-be clients that you could send a high-bandwidth laser beam
hundreds of kilometers. Eventually the company won over the Pentagon, which has been using the technology for
years to shuttle information to ground stations from drones and planes without having to land them and pull out
their hard drives.
!
While the military business was profitable, the market was small. So in 2005, AOptix hired Senner—a Lockheed
Martin veteran who later ran Thales Navigation, the maker of Magellan GPS devices—to expand the business.
Early in his tenure at AOptix, Senner sequestered his top executives and engineers in a hotel suite to dream up
novel uses of the technology. The results of that brainstorming have started to appear over the past couple of
years. One is a suitcase-size system that wireless carriers can use to link cellular transmission towers when fiberoptic cable is impractical. Senner also sees a market for this technology among high-speed financial traders who
will pay big bucks for millisecond advantages. “The shortest path between a trader’s building in New Jersey and an
exchange in New York could be a wireless signal,” he says.
!
AOptix has trials under way for other ventures, but to date
its security products have shown the most promise. Its
InSight towers, which perform both facial and iris scans, sell
for $40,000 each. In Qatar, 80 of the towers are in use at all
the air, land, and sea borders to compare people’s eyes
against a growing database of scans. Meanwhile, the Dubai
International Airport has been running trials of the
technology at a terminal that handles about 40 million
people per year. It has cut immigration wait times from an
average of 49 minutes for most travelers down to
22 seconds. Gatwick Airport uses the towers as well to
confirm the identity of people moving between the
international and domestic terminals.
!
Despite growing acceptance, biometric scans still present
serious concerns. Senner says AOptix’s technology makes
its growing line of equipment tough for hackers to crack. In
a demonstration at its Silicon Valley headquarters on
Aug. 10, he showed off its latest device, a case that slips
around a smartphone and makes it possible to record iris scans, photos, fingerprints, and voice patterns. In a test
run, the device took all of my identification vitals in a couple of minutes, a feat equal parts impressive and
disconcerting.
!
Ann Cavoukian, information and privacy commissioner of Ontario, says she has been discouraged by the company’s
tendency to avoid discussing privacy issues head-on. “What bothers me is there is just no mention of privacy issues
anywhere on their website. Privacy does not exist for them.”
!
So…what happened between 2012 and 2016? Are we reinventing the wheel?
FLASH POINT — JUNE 2016 — PAGE 11
-FP
Cell Phones In The News
Judge: Don’t expect privacy if you leave your phone at a crime scene
Williams Pelegrin // June 27, 2016 // digitaltrends.com
!
If a tree falls in the middle of the woods and no one is around to hear it, does it make a sound? Sure, why not? If you
leave your phone behind while you are running away from a crime scene and your name is Matthew Muller, are you
entitled to a reasonable expectation of privacy? According to a California federal judge, the answer is no, reports The
Sacramento Bee.
This all started in 2015 when authorities found a Samsung Galaxy phone at the scene of a home burglary in Dublin,
California. Authorities were able to get the phone’s actual number using 911’s caller ID, though Verizon asked to see a
warrant when police asked Big Red to find out who the number belonged to. Police managed to get a warrant within a
few hours and tracked down Muller after finding out the number was registered to his stepfather.
!
Interestingly, police found materials related to a separate kidnapping case while executing the arrest. In that case, Denise
Huskins was kidnapped from the home of her boyfriend, Aaron Quinn, in Vallejo, California, in March 2015. Quinn was
instructed to deliver $17,000 in two ransom payments to the kidnapper. Authorities believed the kidnapping story to be
a hoax, since Huskins did not show up for a flight to Northern California in order to speak with the police. However, it
was after the kidnapper called the Vallejo Police Department confirming the story and both Huskins and Quinn took to
the media that police believed that Huskins was a victim of kidnapping. The couple are suing Vallejo officials over the
ordeal.
As such, when Muller was eventually found and arrested on June 5, 2015, not only was he arrested for the burglary, but
for the kidnapping as well. Muller pleaded to the burglary charge, but denied any knowledge of the kidnapping.
!
Thomas Johnson, Muller’s lawyer, wants all evidence against Muller thrown out. According to Johnson, when authorities
got Muller’s phone number by dialing 911, that constituted an illegal search, particularly since Muller did not intentionally
leave his phone behind. As such, it violated Muller’s Fourth Amendment right of being free of unreasonable searches and
seizures. Johnson used Riley v. California as an example, since the case made it unconstitutional to search a phone
without a warrant unless it was an exigent circumstance, such as abductions and bomb plots.
!
However, federal prosecutors do not agree with Johnson, arguing that “a burglar has no reasonable expectation of
privacy in something he places in an intruded-upon house.” Furthermore, the police only used the phone to dial 911 and
waited until the warrant was granted to search it, argued prosecutors. Finally, prosecutors did not believe that Riley v.
California applies, since that case was concerned with the search of a phone at the time of arrest.
!
With the final say in the matter, U.S. District Judge
Troy Nunley sided with the prosecutors, saying
that Muller leaving the phone behind was the
definition of abandonment. The judge also said that
there is an exception, since the officer established
exigent circumstances.
!
“I simply can’t buy the argument that a person
violently assaults some homeowners and then goes
back: ‘Can I get my phone back please?’ Assuming
that it wasn’t abandoned, if this is a search, then
there is an exception because the office did establish
exigent circumstances,” said Judge Nunley.
!
Muller’s trial is scheduled for January 30, 2017.
FLASH POINT — JUNE 2016 — PAGE 12
Famous Cases Solved by Entomological Evidence
10 Ways Creepy-Crawlies Helped Solve Heinous Crimes
Candace McMillan | November 19, 2014 | listverse.com
!
10. Sung Tzu
The first documented case of insects used in a criminal investigation comes from China’s Song Dynasty. Sung Tzu, a
lawyer and death investigator, wrote The Washing Away of Wrongs in 1247. This book served as a guide for
investigators and provided instructions for assessing a crime in a productive manner. The book mentions a murder
case that Tzu solved using insect activity in 1235. The victim was murdered by slashing, and Tzu ordered the men of
the village to lay their sickles on the ground. He found that flies were attracted to one specific sickle. He
hypothesized that the flies were attracted to invisible matter on the sickle, and the murderer soon confessed. Tzu’s
attention to detail and careful documentation of his investigations laid down the fundamentals for forensic
entomology. The book was immensely popular, and it introduced to the general public the idea that insects could be
used to solve crimes. Still translated and printed today, The Washing Away of Wrongs remains a treatise on forensic
science.
!
9. Bergeret d’Arbois
In 1855, the mummified remains of an infant were found behind the wall of a Parisian apartment by the new owners.
Investigators had no idea if the former owners had killed the infant and placed the body in the wall, or if the new
owners were responsible. How long had the child been dead? That’s what French doctor Bergeret d’Arbois set out to
discern. After studying the different insects present and the duration of their life cycles in the corpse, d’Arbois was
able to estimate the period that had elapsed between the infant dying and the discovery of the body. He determined
that the accumulation of insects within the corpse pointed to a level of decay dating several years back. His analysis
concluded that the baby had died in 1848, exonerating the new tenants. Based on testimony from the doctor, police
deduced the logical suspects to be the occupants of the house in 1848, and they were subsequently arrested and
convicted of the murder.
!
8. Buck Ruxton
The case of Buktyar Rustomji Ratanji Hakim, an Indian-born physician better known as Buck Ruxton, gripped the
United Kingdom in 1935. In a fit of jealous rage, Ruxton murdered his wife, Isabella Kerr, and their maid, Mary Jane
Rogerson. In an effort to hide his crime, Ruxton mutilated the bodies and scattered the parts. When the gruesome
discovery of the remains was made, maggot specimens were collected and sent to Dr. AG Mearns at the University of
Edinburgh. Dr. Mearns, an expert on insects, was able to determine the date on which the body parts had been
deposited in the countryside based on the presence of bluebottle larvae, better known as maggots. The maggots
helped pinpoint the date of death, and Ruxton’s alibi soon unraveled. This was the first time a maggot had been
used in a court of law in the United Kingdom. Ruxton was found guilty and hanged in May 1936.
!
7. Kevin Neal
On July 9, 1997, Kevin Neal reported his step-children missing. Two months later, two small human skulls and badly
decomposed remains were found in a nearby cemetery. By studying the locations on the bodies where blowflies had
laid their eggs, it was determined that the children had likely been asphyxiated. The entomologists concluded that
the egg-laying pattern would have been different had bullet or knife wounds been present. Using climatological data
and the life cycle of the blowflies on the children’s bodies, experts were able to calculate the earliest time the children
had been dead. Neal, who had been imprisoned for an unrelated crime shortly after the children went missing,
argued that he could not have been the murderer because he was in jail. But when the absence of other species of
flies that prefer different states of decomposition were analyzed, it was determined that the children had died no
earlier than July 9 and no later than July 14, well before Neal was incarcerated. The state of Ohio convicted Neal of
murder. He is currently serving a life sentence.
FLASH POINT — JUNE 2016 — PAGE 13
Creepy Crawlies Solving Crimes
6. Vincent Brothers
Vincent Brothers was suspected of killing his wife, mother-in-law, and three children in California in 2004. However,
Brothers had a solid alibi: He claimed that he was visiting family in Ohio during the time of the murders. Since he’d
never left the state, there was no way he was responsible for the deaths of his family members. Or was there? FBI
agents assigned to the case felt sure that Brothers was their man, but needed to disprove his alibi. The air filter and
radiator from Brother’s car were sent to UC Davis insect expert Lynn Kimsey. Investigators hoped that Kimsey could
identify the bugs in the radiator grill and ascertain where they came from. She testified that the species of dead bugs
in Brother’s rental car were from California and other locations strictly west of the Colorado Rocky Mountains. She
said that there was no way the bugs could have been in Ohio. The time of year and the species of the insects present
served as evidence that Brothers had driven the car to commit the murders and then gone back to Ohio. There were
also no daytime insects on the car parts, indicating that the car had been driven mostly at night. In 2007, a California
jury found Vincent Brothers guilty of five counts of first-degree murder. Brothers was sentenced to the death penalty.
!
5. Jonathan Blackwell
Jonathan Blackwell went missing from his job at a Virginia Goodyear Plant in October 2004. In December 2006, his
remains were discovered near a barn in North Carolina. But there was a problem: He had been missing for over two
years, so how could the blowfly larvae that were found buried with his remains be only seven days old? Faced with
that dilemma, an investigator on the case contacted Wes Watson, a professor of entomology at North Carolina State
University. Based on the presence of the fresh maggots, Watson determined that the shallow grave in which
Blackwell was found had not been his first grave. He concluded that Blackwell’s first burial must have preserved his
body somewhat, leaving tissue for new blowflies to colonize after his killer dug him up. This is the first report of
blowflies emerging from soil covering a corpse. If it hadn’t been for the maggots, a crucial piece of evidence would
have been overlooked: the fact that the body had been moved. The killer, a man named Stacy Maurice Webster,
turned himself in to the authorities a few days later and was convicted of murder in 2010.
!
4. Kristine Switzer
The bullet-ridden body of Kristine Switzer was found in an abandoned house on May 4, 2004, in Beltzhoover,
Pennsylvania. There were no witnesses and no evidence other than the mass of maggots crawling around the victim’s
body. Forensic entomologist William Todaro concluded that the murder of Stewart had taken place sometime
between April 25 and April 27. The temperature in the vacant building provided the ideal climate for flies to lay eggs
on the cadaver. Though late April was still fairly cool, Todaro reported that flies usually became active above 45
degrees. He developed a timeline based on a comparison between the stages of fly development and the weather in
the area during that time. A woman named Lenora Maiolo eventually came forward and admitted that she had spent
April 26 smoking crack and driving around with Kristine Switzer and a man named Augustus Stewart. Stewart, a drug
dealer, thought that Switzer had been snitching to police, so he shot her. Stewart was found guilty of first-degree
homicide.
!
3. Steven Truscott
Steven Truscott was only 14 years old when he was sentenced to die in Canada for the murder of his childhood friend,
Lynn Harper. Harper was last seen riding on the handlebars of Truscott’s bike on the afternoon of June 9, 1958. Her
body was found nearby two days later, raped and strangled. Witnesses testified that they had seen the children
together at 7:00 PM, but Truscott had been alone at 8:00 PM. Investigators were convinced based on evidence from
Harper’s stomach contents that Truscott had managed to commit the crime during that lone hour, and the original
coroner concluded that Harper had died at approximately 7:45 PM. Truscott was convicted of murder in 1959 and
sentenced to hang, but was spared because of his youth. Paroled in 1969, Truscott devoted his life to proving his
wrongful conviction. Entomologist Richard Merritt of Michigan State University used original photographs and
precise measurements of insects taken when the remains were discovered in 1958 to conclude that there was no way
Harper died the evening of June 9. Based on maggot size, Merritt testified at Truscott’s appeal hearing that Lynn was
most likely killed the morning of June 10. Forty-eight years after the original verdict, the court ruled that the
conviction had to be set aside in light of new testimony.
FLASH POINT — JUNE 2016 — PAGE 14
Creepy Crawlies Solving Crimes
2. David Westerfield
On the night of February 1, 2002, seven-year-old Danielle Van Dam disappeared from her bedroom in San Diego,
California. Neighbor David Westerfield claimed to be driving around the desert and beach in his RV, but this alibi
proved false when he was spotted barefoot and haggard at a local dry cleaners. Westerfield dropped off two
comforters, two pillow covers, and a jacket that would later yield Danielle Van Dam’s blood. He was placed under 24hour surveillance and the RV was impounded and searched. It was later discovered that Danielle Van Dam had sold
Girl Scout cookies to Westerfield on several occasions. When child pornography was found in his home, the noose
began to tighten. He was arrested on February 22 after stains on his clothing and inside the RV proved to be
Danielle’s blood. Searchers later found her body on February 26 in a remote area east of San Diego. Entomology
testimony figured heavily in Westerfield’s trial. The defense consulted three different entomologists, all of whom
testified that flies first laid eggs on Danielle’s body sometime in mid-February, long after Westerfield was under
surveillance. Eventually, under cross-examination by the prosecution, the scientists could not agree on an exact time
of insect colonization, and Westerfield’s alibi fell apart. Westerfield was found guilty and sentenced to death.
!
1. Shafilea Ahmed
Shafilea Ahmed was a 17-year-old British Pakistani girl. She disappeared on September 11, 2003. Upon being
absent from school for a week, her worried teachers informed police. A nationwide hunt was launched but failed to
turn up any trace of Shafilea. Prior to her disappearance, Shafilea had visited Pakistan and turned down an arranged
marriage proposal. In a bid to avoid the arranged marriage, Shafilea tried to kill herself by drinking a bottle of bleach.
This incident left her throat badly scarred, but she lived. When she failed to show up anywhere seeking treatment for
her throat, investigators suspected foul play, although her parents claimed that she had run away with a boyfriend
shortly after the arranged marriage fell through. Her body was found in February 2004. Entomologist Amoret
Whitaker was called in to testify. Maggot evidence found on Shafilea’s body proved that the girl had died as soon as
she had disappeared, disproving her parent’s suggestion that she had run off. Shafilea’s younger sister confessed to
police that their parents had murdered Shafilea after she would not accept the arranged marriage. They felt that her
refusal would bring shame to the family. Her parents were found guilty and sentenced to life in prison.
!
!
Interesting Data:
Of these ten cases, two of the suspects were from California (Vincent Brothers and David Westerfield) and both are
one of 747 inmates serving life sentences at San Quentin (below). To see a list of these inmates,Click here.
-FP
FLASH POINT — JUNE 2016 — PAGE 15
ey xo p u a r n d l yi o b u r r a
d
r
Thought-Provoking Read — Law Enforcement and Science
y
Failed Evidence
Why Law Enforcement Resists Science
David A. Harris // 269 pages
September, 2012 // ISBN: 9780814790557
!
With the popularity of crime dramas like CSI focusing on forensic science,
and increasing numbers of police and prosecutors making wide-spread use
of DNA, high-tech science seems to have become the handmaiden of law
enforcement. But this is a myth, asserts law professor and nationally known
expert on police profiling David A. Harris. In fact, most of law enforcement
does not embrace science—it rejects it instead, resisting it vigorously. The
question at the heart of this book is why.
!
»» Eyewitness identifications procedures using simultaneous lineups, showing the
witness six persons together,as police have traditionally done, produces a
significant number of incorrect identifications.
!
!
»» Interrogations that include threats of harsh penalties and untruths about the
existence of evidence proving the suspect’s guilt significantly increase the
prospect of an innocent person confessing falsely.
»» Fingerprint matching does not use probability calculations based on collected and standardized data to generate
conclusions, but rather human interpretation and judgment. Examiners generally claim a zero rate of error – an untenable
claim in the face of publicly known errors by the best examiners in the US.
!
Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a
concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of
legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy
makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we
should go from here. Because only if we understand why law enforcement resists science will we be able to break
through this resistance and convince police and prosecutors to rely on the best that science has to offer. Justice
demands no less.
!
REVIEWS
"Failed Evidence is a masterful expose of both the flaws in our criminal justice system and the reasons many police and prosecutors are unwilling to
correct them. If real change is to occur, would-be reformers need to ingest this book. Its prescriptions, all based on the latest scientific findings, would
go a long way toward eliminating wrongful convictions and ensuring accurate verdicts.” — Christopher Slobogin, Vanderbilt University Law School
!
"Primarily intended for those in law enforcement, forensic science, and the legal fields, this book details potential pitfalls of the way investigative
work is conducted and suggests new alternatives.” — Library Journal
!
See here for American Bar Association review.
!
AUTHOR
David A. Harris is Distinguished Faculty Scholar and Professor of Law at the University of Pittsburgh. He is the author of Good
Cops: The Case for Preventive Policing and Profiles in Injustice: Why Racial Profiling Cannot Work. He lives in Pittsburgh, PA.
FLASH POINT — JUNE 2016 — PAGE 16
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LComplications
A W
E N Associated
F O R C with
E MStatements
E N T & sLEc &i Science
e n c e
Eyewitness testimony is a double-edged sword in criminal investigations. A reliable eyewitness can solve a crime – but it can
also point at the wrong person. Witness testimony has been more rigorously questioned and doubted in the courtroom
than ever before – especially since a steady drumbeat of exonerations have emerged from eyewitness-only cases without
physical evidence. The eyewitnesses are now expected to be handled in a controlled and scientific manner, without
allowing the possibility of suggesting details of a crime – so-called “memory contamination.”
!
But two studies based on recall experiments conducted by a Dutch team indicates that, under certain conditions,
collaboration between two witnesses can improve overall accuracy and recall of events. “When it comes to memory for
events, two heads together may not know more than two heads apart, but they do sometimes know better,” conclude the
authors, from the Vrije Universiteit Amsterdam.
!
!
!
forensicmag.com by Seth Augenstein / June 28, 2016
!
!
!
!
Witnesses who were well known to one another could prompt each other verbally to remember more than they
did individually, the team contends in papers published in the journals Memory and Legal and Criminological
Psychology. The latest study presented 40 groups of people with an eight-minute videotaped violent event. Half
were individuals – and the other half were life partners, who had known each other for decades. The details of the
violent event – including the weapon used, and the circumstances between the actors – were scored and
determined the accuracy of the subjects.
!
The couples scored higher. They could consistently manage to remember more than the individuals, since they
were encouraged to prompt one another in conversation and accumulate more details of the violent event. The
pairs also made fewer errors than the control group, who had to remember everything themselves, according to
the scientists. “Around the world, police officers are instructed to prevent discussion between witnesses, because
witnesses may adopt each other’s errors. In contrast, we found that collaboration between witnesses significantly
reduced errors, without reducing correct recall,’ the authors conclude.
!
But this was a particular set of circumstances involving couples who were better able to work cooperatively to
reconstruct each other’s memories, they were quick to add. “Based on these findings, we would certainly not
advocate that witnesses should always be allowed to talk to each other, since the circumstances in the present
study were optimal for collaborative benefits to emerge. We do call into question, however, the sweeping
statement that witnesses should never be allowed to discuss the event,” they add.
!
Previous studies have used mechanisms like false suggestions, and differing events entirely to show how memory
can be corrupted by suggestion. This latest study, however, relied on a single event presented to both people at
the same time.
!
Witness testimony is still being studied and reconsidered in the justice system. A study last December by
psychologist John Wixted from the University of California San Diego found that initial confidence in identification
determined how accurate the testimony ultimately was deemed. “Memory contamination” can result from police
questioning and other attempts at recall, contended the study, in the Proceedings of the National Academy of
Sciences.
!
Is David Harris correct in his book (see book review)? Or have these researchers hit the nail on the head?
-FP
FLASH POINT — JUNE 2016 — PAGE 18
Complications Associated with Statements
LE & Science
Think David Harris is off base? Consider these recent articles…then decide
LA County to pay $10 million to man imprisoned for 20 years
LA Times / July 19, 2016
!
Los Angeles — Los Angeles County will pay $10.1 million to a man who spent 20 years in prison before his murder
conviction was overturned. Supervisors voted Tuesday to settle a lawsuit filed by Francisco Carrillo Jr. Carrillo was
16 when he was convicted of killing Donald Sarpy in a drive-by attack in Lynwood in 1991. He was sentenced to
life in prison.
!
However, witnesses who identified Carrillo as the gunman from a photo lineup recanted in 2011, saying they
couldn't see the killer's face. A judge ruled that the eyewitness evidence was false or tainted and ordered Carrillo
released. Carrillo sued the Sheriff's Department, contending that a deputy coerced a witness to pick Carrillo's
photo.
!
!
Man, 69, convicted of four-decade-old Hollywood murder
July 14, 2016 / Seattle Times
!
Los Angeles — A 69-year-old man has been convicted of killing a woman during a Hollywood apartment robbery
nearly 44 years ago. Authorities say Harold Holman was convicted Wednesday of first-degree murder and could
face life in prison. He’s already serving 45 years for killing a Santa Monica couple and for a string of high-rise
residential burglaries in the 1980s.
!
Prosecutors say that in August 1972, Holman bludgeoned to death a 79-year-old widow, Helen Meyler, in her bed
in a second-floor Hollywood apartment. She was robbed and sexually assaulted. Authorities say DNA evidence
found at the scene linked Holman to the crime. He was charged with Meyler’s murder last year.
!
!
Venezuela first lady's nephews “confessed” in drug case
July 24, 2016 / BBC News
!
Two nephews of Venezuela's first lady confessed to conspiring to import cocaine into the US after being arrested
last year, court filings by US prosecutors on Friday said. Efrain Campo, 29, and Francisco Flores, 30, were arrested
in Haiti in November and put on a plane to New York where they are in jail awaiting trial. Both men have pleaded
not guilty. Their lawyers have argued that their post-arrest statements made during the flight to the US should
be suppressed. They say the defendants did not fully understand their rights under US law to remain silent.
!
Friday's filings by prosecutors were made to oppose this motion and intended to show that the men were not
coerced when they spoke to US Drug Enforcement Administration (DEA) agents. Prosecutors accuse the
defendants of conspiracy to import 1,760 pounds of cocaine into the US from Venezuela, via Honduras.
!
The case emerged out of a series of investigations by the US authorities, which have linked people connected with
Venezuela's political elite to drug trafficking. It has been an embarrassment for Venezuelan President Nicolas
Maduro, whose administration is battling political and economic turmoil.
FLASH POINT — JUNE 2016 — PAGE 19
Complications Associated with Statements — LE & Science
Chilcot: Why we cover our ears to the facts
July 10, 2016 / BBC News
!
Do people moderate their views when presented with overwhelming evidence to the contrary? Not
necessarily, writes Matthew Syed. We like to think that we apportion our beliefs to the evidence. After all, isn't
this the hallmark of rationality? When information comes along which reveals we should change our minds, we
do. Or do we? Consider an experiment, where two groups were recruited. One group was adamantly in favor
of capital punishment. They had strong feelings on the issue, and had publicly backed the policy. The other
group were adamantly against, horrified by "state-sanctioned murder”.
!
These groups were then shown two dossiers. Each of these dossiers were impressive. They marshaled wellresearched evidence. But here's the thing. The first dossier collated all the evidence in favor of capital
punishment. The second collated all the evidence against. Now you might suppose that, confronted by this
contradictory evidence, the two groups would have concluded that capital punishment is a complex subject
with arguments on both sides. You might have expected them to have moved a little closer in their views. In
fact, the opposite happened - they became more polarized.
!
When asked about their attitudes afterwards, those in favor of capital punishment said they were impressed with
the dossier citing evidence in line with their views. The data was rigorous, they said. It was extensive. It was
robust. As for the other dossier—well, it was full of holes, shoddy, weak points everywhere. The opposite
conclusions were drawn by those against capital punishment. It was not just that they disagreed with the
conclusions. They also found the (neutral) statistics unimpressive. From reading precisely the same material,
they became even more entrenched in their positions.
!
What this (and dozens of other experiments) reveal is the way we filter new information when it challenges our
strongly-held beliefs or judgements. We use a series of post hoc maneuvers to reframe anything inconvenient
to our original position. We question the probity of the evidence, or the credentials of the people who
discovered it, or their motives, or whatever. The more information that emerges to challenge our perspective,
the more creatively we search for new justifications, and the more entrenched we become in our prior view.
This tendency is called "cognitive dissonance”.
!
You can see the hallmarks of cognitive dissonance in the build-up to and aftermath of the Iraq War. The Chilcot
report made pointed criticisms over the legal advice, lack of cabinet oversight and post-war planning and
policy. But let us focus on the way the primary evidence used to justify war—namely, the existence of WMD—was
serially reframed. On 24 September 2002, before the conflict, Tony Blair made a speech where he emphatically
stated: "His [Saddam Hussein's] WMD programme is active, detailed and growing… he has existing plans for the
use of weapons, which could be activated in 45 minutes…”
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FLASH POINT — JUNE 2016 — PAGE 20
Complications Associated with Statements — LE & Science
why we cover our ears to the facts
So, to Blair, the lack of WMD didn't show that they were not actually there. Rather, it showed that inspectors
hadn't been looking hard enough. Moreover, he had become more convinced of the existence of WMD, not less
so.
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Twelve months later, when the Iraq Survey Group couldn't find the weapons either, Blair still couldn't accept that
WMD were not there. Instead, he changed tack again arguing in a speech that "they could have been removed,
they could have been hidden, they could have been destroyed”. So now, the lack of evidence for WMD in Iraq
was no longer because troops hadn't had enough time to find them, or because of the inadequacy of the
inspectors, but because Iraqi troops had spirited them out of existence.
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But this stance soon became untenable, too. As the search continued in a state of desperation, it became clear
that not only were there no WMD, but there were no remnants of them, either. Iraqi troops could not have
spirited them away. And yet Blair now reached for a new justification for the decision to go to war. "The
problem is that I can apologize for the information that turned out to be wrong, but I can't, sincerely at least,
apologize for removing Saddam," he said in a speech. "The world is a better place with Saddam in prison.” This
is not intended as argument against Blair—rather, as an illustration of the reach of cognitive dissonance. Indeed,
when you read the Chilcot report, this tendency, not just with regard to WMD, peppers almost every page.
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Science has changed the world because it prioritizes evidence over conviction. Judgements are subservient to
what the data tells us. The problem is that in many areas of our world, evidence is revised to fit with prior
assumptions - and the tragedy is that we are often unaware of this process because it happens subconsciously.
It is noteworthy, for example, that the Chilcot report nowhere states that Blair was actively deceitful. The good
news is that we can combat this tendency, and measurably improve our judgements, when we become alert to
it. Indeed, the hallmark of pioneering institutions is that they deal with cognitive
dissonance not by reframing inconvenient evidence, but by creating systems
that learn from it (and thus avoid related biases such as "group think”). This “Had non-intervention in Syria
should be the most important lesson of Chilcot.
achieved peace, Blair would likely
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still have found a way to interpret
When so-called Islamic State launched a major offensive in Iraq in 2014, and the that evidence through the lens of
country was on the brink of a civil war—which some commentators linked to the the rightness of his decision to
2003 invasion - Blair found another avenue of justification. He pointed to the invade Iraq.”
policy of non-intervention in Syria, which had descended into its own civil war.
In an article written for his personal website, he said: "In Syria we called for the
regime to change, took no action and it is in the worst state of all." In other words he might be suggesting: "If
things look bad in Iraq now, they would have been even more awful if we had not invaded in 2003."
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For our purposes, the most important thing is not whether Blair was right or wrong on this point, one which he
re-affirmed this week. The vital thing to realize is that had non-intervention in Syria achieved peace, Blair would
likely still have found a way to interpret that evidence through the lens of the rightness of his decision to invade
Iraq. In fact, he would probably have become more convinced of its rightness, not less so.
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And this is why the Chilcot report, despite its mammoth detail, will have little effect on the core judgements of
those involved with the Iraq War. As with everything else, it will simply be reframed.
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— Matthew Syed is the author of Black Box Thinking: Marginal Gains and the Secrets of High Performance
FLASH POINT — JUNE 2016 — PAGE 21
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Little Known Destination Full of Archaeology—Bardsey Island
The Tiny Island of 20,000 Graves
bbc.com/travel / Amanda Ruggeri / April 13, 2016
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Once a centre of power
and one of the holiest
places in Britain, today
Bardsey Island has only
four year-round
residents – and no
electric grid, cars or
indoor toilets. Bardsey
Island doesn’t have
cars, paved roads, an
electric grid or indoor
toilets. The population
includes 200 grey seals,
300 sheep and just four
year-round humans – making the island’s sheep-to-person ratio larger than even that of New Zealand. Mobile
reception, if you can get it, comes from Ireland, which lies 55 miles west across the Irish Sea.
But for centuries, this small Welsh isle was anything but a backwater. “For much of its history, the island has been
superior to the mainland,” said Colin Evans, who runs regular (weather permitting) boat trips to Bardsey. “The
centre of power has changed.” Located two miles off the coast of northern Wales’ Llŷn Peninsula, Bardsey today is
known as the “island of 20,000 saints”; the island’s largest population resides underground. And while 20,000
graves may seem like a stretch for landmass that measures just 1.5 miles by half a mile, its centuries of importance
means the real number might well be close.
Romantic legends hold that Bardsey was sacred to Celtic druids, and that it was the real Avalon where King Arthur
was buried. In the 6th Century, it’s said the Welsh kings of Llŷn and St Cadfan together founded a monastery here.
Then came an especially resonant idea, which stemmed from a story about Cadfan’s successor St Leuddad: that
anyone who died on the island would not go to hell.
By the early Middle Ages, these traditions helped make Bardsey one of the holiest places in Britain. With religious
importance came political. From the island, the Bardsey abbot administered a section of mainland that ran some
seven miles up the coast. As late as the 19th Century, long after the monastery had gone, Bardsey bustled with 140
residents.
You wouldn’t know any of that if you headed there now. On a recent spring day, I boarded Evans’ boat on the small,
rocky beach of Porth Meudwy at the tip of the Llŷn Peninsula. Twenty minutes of salt spray and sunshine later, we
were pulling up to an island shaped like a humpback whale.
Islanders referred to that hump as “the mountain”. At 165m, it was more of a hill. Even so, its east side was steep
enough to make a cosy cliff habitat for colonies of peregrines, razorbills, Manx shearwaters and puffins. As we idled,
50 penguin-like guillemots watched us from their rocky perch. In all, 310 bird species have been recorded on the
island. When we landed, their birdsong competed with the groans of grey seals, some two dozen of whom had
taken up residence on the rocks.
FLASH POINT — JUNE 2016 — PAGE 22
The Island of 20,000 Saints
Like many of Britain’s islands, Bardsey is a national nature reserve and a site
of special scientific interest. Unlike its neighbours, however, Bardsey is also
the last working island in Wales. Once there were nine farms in operation
here. Now there is just one, which manages 300 sheep and 26 cattle. Jo
and Steve Porter have run it for the past nine years; they also produce
honey, grow vegetables and run a small craft shop and cafe.
I made my way to the shop first. The one-room store works on trust, with a
lockbox for depositing your cash in exchange for handmade willow baskets
and wool rugs. I took a seat at one of the handful of picnic tables outside – the cafe – as Jo brought coffee from the
kitchen. Of course, there is fishing here, too. Evans’ father, the last person to attend Bardsey Island’s schoolhouse
before it closed down in the 1950s, was just pulling in on his lobster boat when we landed.
The industries may not be much, but they are enough to set the
island apart. “What Bardsey has that other [Welsh] islands don’t have
is they are wildlife islands, conservation islands,” said Richard Farmer,
chairman of the Bardsey Island Trust, which bought the island in 1979.
“The Trust maintains Bardsey as a living community.”
Balancing the island’s needs as a nature reserve and livable
community are challenging, however. Take the island’s houses, nine of
which are rented to visitors on a weeklong basis. Given Bardsey’s
often-forbidding climate – the winds tend to hit 30mph for at least a
week per month during winter, while January sees more than 130mm of rain – repairs are often needed. But
because the houses are historically protected, when the windows are replaced they must be handmade to the
pattern cut by carpenters 150 years ago. And because rare lichens grow on the roofs, roof repairs require approval,
too. The resulting expenses can be out of reach of the Trust, which has just 300 members.
Between that and the difficulty of life on an island with no running water, where the weather can keep you from
getting to a doctor or grocery store for weeks, it may be unsurprising that there are just four residents who live here
year-round and only nine residents for most of the year. (The number can go up to 80 in summer.)
But by forging a life here, these residents are engaging in a millennia-old tradition. Busy sea routes once would
have connected the island with Britain and Ireland. Evans believes that his family, who trace their roots on Bardsey
back to at least 1770, likely has Irish descent. And perhaps also Viking: the island’s name probably came from the
seafaring Norse.
“People think that islands are remote, but they’re not,” Evans said. “They may be comparatively remote today, but
years ago they were in the world’s traffic.” In fact, people have occupied Bardsey since as early as 7500BC.
Archaeologists have recorded no fewer than 45 likely prehistoric sites on the island, including cremation burials, flint
blades and earthworks that may have been round houses.
Then came the monks. The island became a place of pilgrimage: three visits to Bardsey counted the same as one to
Rome. (Pilgrims still come here today). By the mid-12th Century, the still-surviving Book of Llandaff – a compilation
of texts covering some 500 years of history of the Welsh diocese of Llandaff – recounted that Bardsey “was called
the Rome of Britain”, not least of all “for its sanctity and dignity, because there were buried therein the bodies of
20,000 holy confessors and martyrs”.
FLASH POINT — JUNE 2016 — PAGE 23
The Island of 20,000 Saints
Locals say that if you dig anywhere on the island, you’ll hit
a body. In the only comprehensive excavation, done in the
1990s at the ramshackle stone house of Tŷ Newydd just south
of the modern-day chapel, archaeologists turned up 25
medieval graves. One body had a 10th-century silver coin in
its mouth. But there is no trace of the 6th-century monastery.
Even the later abbey, built in the 13th Century, is all but gone.
Walking up the dirt road from the cafe past meadows filled
with bleating lambs, I almost missed it completely: all that is
left is a ruined 8m-tall stone tower, standing in the chapel’s
graveyard.
After the monks left with the 1536 Dissolution of the
Monasteries, Bardsey became a haven for pirates. By
the time order was re-established, it was in reverse:
now the mainland ruled Bardsey.
Still, the
community thrived in the 19th Century, selling
lobsters, oysters and crabs. But by 1931, the
population had fallen to 54. In one 1925 newspaper
story headlined “Life Too Dull: Why Bardsey is being
deserted”, the reporter explained that young people
wanted access to the “kinema”.
There is still no cinema on Bardsey. But changes are
slowly coming. Solar panels – not gas bottles – now
power the refrigerators, although residents still have no central heating. And thanks to a new satellite broadband
link, residents can communicate with those on the mainland. Farmer and Evans hope that these small changes
might entice more people to live here.
But, Farmer added, Bardsey will never be fully modernized. And those who love it wouldn’t want it to be. “It’s a
place of simplicity that’s away from the 21st Century,” he said. That might mean challenges for those living here.
But it also makes it an extraordinary place to visit – one of such peace, silence and natural beauty that, even for
those who aren’t believers, coming here feels like a pilgrimage.
-FP
FLASH POINT — JUNE 2016 — PAGE 24
t h e l a s t
e m b e r
R A R I T Y
!
B U R N E D
A devastating fire destroyed a 1964
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diesel engine multiple unit (named
Thumper due to the sound coming
from the diesel engine) at the
Swindon & Cricklade Railway Society
base at Blundson Station (UK) on
May 20. It is being investigated by
Dorset and Wiltshire Fire & Rescue
and Wiltshire Police. Fires like these
have no borders. The team
approach solves, and hopefully,
proves cases like this.
s a n
l u i s
f i rS
e L iO
nF
v IeS
sT
t i g a t i o n
o b i s p o
F O L D
SLOFIST
Box 1041
Atascadero, CA 93423
H E R E
T O
M A I L
Send To:
SLOFIST — San Luis Obispo Fire Investigation Strike Team
PO Box 1041 // Atascadero, California // 93423
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s t r i k e
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