Winter - Lake County, Ohio
Transcription
Winter - Lake County, Ohio
WINTER 2014 THE CRIMESCENE NEWSLETTER OF THE LAKE COUNTY CRIME LABORATORY Jamie Walsh: On the Cutting Edge of Cyber Crime Jamie Walsh has only been a Digital Evidence Examiner with the Lake County Crime Laboratory since November 2011, but he is an old hand when it comes to examining computers and mobile devices. As cell phones and computers are used more often in cyber crime, Walsh’s experience is invaluable in helping catch criminals. Walsh worked for the Wickliffe Police Department for 32 years before joining the Lake County Crime Laboratory full-time. From 1998 through 2011, he served as a detective for the department and his interest in electronics became part of his casework. “I have always had an interest in computers. When I was assigned to the detective bureau at the Wickliffe PD, I was able to use those skills and started doing my own computer and mobile device forensics,” Walsh said. Walsh began working in digital forensics before there were degrees available in that field. Instead, he studied in specialized classes and (CONTINUED ON PAGE 3) Jamie Walsh Caught by Science No witness saw Michael Aquila peer through JoAnne’s bedroom window at 4 a.m. on Aug. 17, 1995. No one observed Aquila sneak into JoAnne’s Willoughby apartment. No one heard Aquila attempt to rape the sleeping JoAnne and then cut her throat. The sound of the struggle did not wake her neighbors or even her family, who were sleeping in another bedroom. Aquila fled, leaving JoAnne mortally wounded. But JoAnne managed to call 911. When a paramedic asked 27-year-old JoAnne who did this to her, she could only groan, “I don’t know” and “I want to live.” Then JoAnne died. Upon arrival at the crime scene, the police and the Crime Laboratory scientists (CONTINUED ON PAGE 5) PAGE 1 THE CRIMESCENE WINTER 2014 Frequently Asked Questions This Column Answers Questions Commonly Asked of our Scientists ANSWERED BY SCIENTIST KIMBERLY GILSON EXPERT IN FORENSIC CHEMISTRY Q: Two kids smoked marihuana from the bong tested by the LCCL. It was later discovered that the kids became extremely sick after using the bong, and they believed the marihuana was mixed with something else. The report shows that the bong was tested and the presence of marihuana was located, but the police now suspect the presence of another narcotic. Do you think that the bong should be retested because of the new suspicions of another narcotic? A: No. When evidence is sampled and analyzed, any controlled substances that are present in that sample will be separated from one another and identified. With a few exceptions (Khat, LSD, mushrooms, steroids), multiple tests do not need to be run to identify each separate drug that may be present in a sample. When controlled substance evidence is submitted to the laboratory, a representative sample of that evidence is removed, whether it is a small amount from a larger population or a swab of a residue. The sample is then analyzed utilizing Gas Chromatography/Mass Spec- trometry (GC/MS). This method allows for different drugs and other components that may be present in a sample to be separated based on their individual molecular weights (size). The representative sample is dissolved in an organic solvent then vaporized at high temperature into a gas. The vaporized sample then passes through the Gas Chromatography (GC) instrument, and any components in that sample will separate from one another over time. Larger molecular weight components pass through at a slower rate than smaller components. The identification of individual sample components is confirmed using the Mass Spectrometery (MS) instrument. The separated components pass through the GC into the MS where the component molecules are bombarded with electrons to produce a unique molecular The Gas Chromatograph/Mass Spectrometer separates and identifies the drugs present within the evidence. fragmentation pattern, much like a chemical fingerprint. This chemical fingerprint is used to identify what the component is, whether it be a drug or some other substance. Therefore, when evidence is tested, the scientists are able to identify all controlled substances present in the sample by performing one test. For more information, please contact Kimberly Gilson, Forensic Chemist, at (440) 350-2793 or [email protected]. You may also contact Douglas Rohde, Supervisor of Chemistry and Toxicology, at (440) 350-2793 or [email protected]. PAGE 2 Certified Forensic Computer Examiner (CFCE), IACIS (International Association of Computer Investigative Specialists) AccessData Certified Examiner (ACE), AccessData Past President and founding member of the High Technology Crime Investigation Association, Ohio Chapter 2009 Hall of Fame Award for the High Technology Crime Investigation Association, Ohio Chapter Contact Info: (440) 350-2793 [email protected] Jamie Walsh: On the Cutting Edge of Cyber Crime Continued from Page 1 has received more than 500 hours of training in the field of digital evidence examination. “I obtained my training through spending hundreds of hours in specialized computer and mobile device training classes,” Walsh said. Walsh continues to take classes to stay current. His area of expertise is constantly evolving: as technology advances, so do the challenges Walsh faces. He is constantly learning more, updating his information, reviewing his skills and adding to his experience. Walsh’s job does not just keep him up -to-date with current technological developments; he also has to be familiar with antiquated technology that is no longer common but might become part of an investigation. While keeping up with the technological world can be overwhelming, Walsh takes a lot of pride and joy in being able to help law enforcement. “I am always happy to know I helped one of our agencies obtain a conviction, especially when it is a crime involving child exploitation,” Walsh said. Walsh has been examining digital evidence since before cell phones were smart phones and before laptops were commonplace. Digital evidence examination is a lot more complicated than searching a suspect’s internet history. Walsh can even find damaged, encrypted, and deleted files in a computer. Likewise, Walsh can find text messages and call information in a cell phone’s memory. That information can, in turn, be used to establish a connection between people who are involved in a crime. Practically anything with digital information may potentially yield evidence, even video game systems or GPS units. For example, a car’s GPS unit might give Walsh information about the car’s movement, location, and speed. This evidence can aid an investigation by either coinciding with or contradicting a person’s story. In August 2010, Walsh began working with the Lake County Crime Laboratory as a volunteer. He performed voluntary technical reviews for the Digital Evidence section when it first began. When Walsh’s predecessor left for the corporate world, Lake County Prosecutor Charles Coulson offered Walsh a job, and he accepted. Walsh was also an instructor at the Cuyahoga Community College Police Academy (CONTINUED ON PAGE 4) PAGE 3 THE CRIMESCENE WINTER 2014 HIGHLIGHTS THE CRIMESCENE WINTER 2014 Jamie Walsh: On the Cutting Edge of Cyber Crime Continued from Page 3 from 1992 to 2007. His experience as a police officer also allows Walsh to assist in the Firearms section and serve on its Crime Scene Response Team. Walsh is a founding member, former president, and 2009 Hall of Fame inductee of the High Technology Crime Investigation Association Ohio Chapter. He is also a member of such professional organizations as High Technology Crime Consortium, FBI Infragard Northern Ohio Chapter, Ohio Identification Officers Association and the International Association of Computer Investigative Specialists. In his free time, Walsh still enjoys working on computers and all the challenges that come along with it. “I also enjoy home improvement projects and traveling,” Walsh added. Most importantly, Walsh is a family man. He and his wife have two adult sons. The more prevalent technology is, the more valuable Walsh’s knowledge and experience become. “Not everyone has a computer, but everyone has at least one cell phone, if not more,” Walsh said. “Cyber instruments are involved in every aspect of life now. They always leave a digital trail. I can examine that digital trail, obtaining the data that may be needed to break open a case.” In the hands of Jamie Walsh, a cell phone memory chip less than one square inch in size has the potential to produce enormous quantities of evidence. The 3D Laser Crime Scene Scanner has Arrived In early December, the crime scene responders from the Lake County Crime Laboratory and the investigators from the Lake County Prosecutor’s Office were trained in the use of the Crime Laboratory’s newly acquired 360° 3D laser crime scene scanner. The crime scene responders are now available to deploy this device on any crime scene where it may be useful. This camera will create, a perfectly to scale, 3D, virtual-reality replication of a crime scene. Both laser light and natural light are used by the camera. In most situations, the camera can produce high-resolution color images. In situations such as arson scenes, where there is not much natural light and the scene material is blackened, the laser can render very detailed, high-resolution, greyscale images. For questions please contact Chief Investigator Tom Walsh at (440) 350-2683 or Laboratory Director Linda Erdei at (440) 350-2793. PAGE 4 THE CRIMESCENE WINTER 2014 Caught by Science Continued from Page 1 had no suspects or murder weapon. In fact, the knife that was used to repeatedly cut JoAnne’s neck was never recovered. But the killer did leave a clue behind: his fingerprints. He also carried away two important pieces of evidence: a carpet fiber from the apartment and the victim’s blood on his shoes. These clues—almost invisible to the naked eye and practically indiscernible to the layperson—were all that law enforcement needed to identify a suspect and get a conviction. In the hands of qualified analysts and examiners, a carpet strand, a blood speck, and a fingerprint can be every bit as conclusive (if not more) as an eyewitness or even a murder weapon. THE PRINTS About a year before JoAnne’s murder, Aquila had been arrested for having a loaded gun in his car. Aquila ended up pleading no contest to a charge of improperly handling a firearm in Willoughby Municipal Court. Aquila served no jail time for the firearm charge, but authorities did put his fingerprints into the Lake County Crime Laboratory’s newly computerized Automated Fingerprint Identification System (AFIS). Those fingerprints were the first clue that led to his murder conviction. Aquila’s prints joined the 1994 database that already included 13,000 fingerprints from suspects in Lake County. At the time, it was one of only four databases of its kind in the state. The window of JoAnne’s apartment where Aquila’s fingerprints were found. The current AFIS terminal that gives the Lake County Crime Laboratory full access to a nationwide network of fingerprint databases. When the LCCL Crime Scene Examiners searched JoAnne’s apartment for clues, they found latent prints on the outside of her bedroom window. The Fingerprint Examiner took the latent prints back to the laboratory and entered them into AFIS. After ten minutes of computing, the AFIS computer printed out a list of ten names that were the closest matches. AFIS is a valuable piece of equipment, but it does not catch killers by itself. Comparing fingerprints is not a matter of simply putting a print into a database and the computer spitting out a suspect’s name. AFIS could help the fingerprint examiners navigate its haystack, but it still takes an expert to find the needle. Fingerprint expert Mitch Wisniewski took the list of ten suspects offered by AFIS and began manual comparisons of each suggested print to see if a valid match existed. An identification was made. The latent prints matched exactly to Aquila. Investigators now knew that Aquila had touched the outside of the bedroom window at some point in time. (CONTINUED ON PAGE 6) PAGE 5 THE CRIMESCENE WINTER 2014 Caught by Science Continued from Page 5 This evidence did not place him inside the apartment, but it was enough to start questioning Aquila. At about 7:30 p.m., approximately 13 hours after the murder, police officers saw Aquila drive his car to his mother’s home in Wickliffe. When the police approached, Aquila fled, leading to a high-speed chase through several communities. He eluded the police but soon turned himself in after family members urged him to surrender. When arrested, Aquila said he only fled because he was driving with a suspended license. He denied any knowledge of the murder. THE CARPET The fingerprints showed that Aquila had once been outside JoAnne’s apartment window. While pertinent, that piece of information would not be enough to get a conviction. The tread, shown above, from Aquila’s shoe yielded a fiber (about the size of a period on this page) from JoAnne’s bedroom carpet. Arrows point to circles marking minute blood spots found on Aquila’s shoes. The fiber found on Aquila’s shoe, magnified 500 times under a comparison microscope, was a match to the fibers of the carpet in JoAnne’s apartment. PAGE 6 Knowing they needed more evidence, authorities confiscated everything Aquila had on him when he was arrested, including his pager, gold chain, clothes, and shoes. Those shoes—a Nike Air Diamond Fury “Ken Griffey, Jr.” signature model—contained the next pieces of evidence. Authorities would later learn that Aquila threw away his clothes and washed the blood off himself in a nearby pond after he stabbed JoAnne. However, Aquila was a huge Ken Griffey, Jr., fan, and he could not bring himself to part with his Griffey-endorsed sneakers. It was on these sneakers that Trace Evidence Examiner David Green found the evidence that proved Aquila had been inside JoAnne’s apartment. While picking particles off the shoes with tape and tweezers, Green spotted a single strand of carpet in the sole of one of the shoes. The strand was only the size of a pinprick. But when it was placed on a slide next to a piece of carpet cut from JoAnne’s bedroom and (CONTINUED ON PAGE 7) Continued from Page 6 magnified 500 times under a comparison microscope, it was found to be a perfect match for the carpet in JoAnne’s bedroom. But, carpets are not like fingerprints. Different homes, especially in an apartment complex, can have the same type of carpet. So, Green and Willoughby Police researched the history of JoAnne’s carpet until they were certain that it was unlike any other of the hundreds of carpets in the apartment complex. The authorities now had Aquila in JoAnne’s bedroom, but they still did not necessarily have him present at the time of the murder. THE BLOOD Authorities now knew that at some point in time Aquila had been both outside and inside JoAnne’s apartment. But that still was not conclusive evidence. To be certain of Aquila’s role in JoAnne’s murder, the Crime Laboratory would have to prove that Aquila was there when she was attacked. Once again, the shoes provided the clues. Serologist Linda Erdei (now the Director of the Crime Laboratory), found several spots of blood on Aquila’s sneakers. The spots were minute: so small that a layperson would not have recognized their significance. Portions of the DNA from this minute sample were faithfully replicated millions of times to determine a match to JoAnne’s blood. The DNA test provided the strongest evidence yet of Aquila’s guilt. It proved with certainty that the blood on Aquila’s shoes came from JoAnne. Authorities now knew that, not only had Aquila been in her apartment, he was there while she was bleeding. While the carpet strand and blood spot provided vital evidence, it all began with the fingerprints. Had the fingerprint examiners not identified Aquila so quickly, the evidence on his shoes might have brushed off and been lost forever. The Crime Laboratory had worked quickly. JoAnne was murdered on August 17. That same day, the fingerprint examiners matched Aquila’s prints to those they found at JoAnne’s apartment. By August 21, Green had found JoAnne’s carpet strand in the sole of Aquila’s sneaker. On August 22, Erdei matched blood on Aquila’s shoes with the victim. From fingerprints to a DNA identification in six days, the authorities had their suspect. THE CONVICTION Confronted with the scientific evidence, Aquila finally confessed to the murder. Aquila told police that he had been wandering the apartment complex parking lot, looking for cars to break into. Then he saw JoAnne sleeping in her bedroom and decided to rape her. Aquila said he failed to force open the bedroom window, so he pried open a patio door with his knife. Then he walked into JoAnne’s room. Aquila claimed that when he touched her, JoAnne awoke and lunged at him. He said the two struggled, and he stabbed her several times before he ran away. Aquila pleaded guilty to aggravated murder, aggravated robbery, aggravated burglary, kidnapping, and fleeing in the Lake County Court of Common Pleas on Dec. 19, 1995. He was 20 years old at the time. He is now 38, imprisoned in the Trumbull Correctional Institution, and serving a sentence of 51 and one-half years to life imprisonment. Aquila, standing in front of Prosecuting Attorney Charles Coulson, appeared in court for his sentencing hearing, where he received a prison sentence of 51 and one-half years to life. Photo courtesy of the Cleveland Plain Dealer. PAGE 7 THE CRIMESCENE WINTER 2014 Caught by Science THE CRIMESCENE WINTER 2014 LAKE COUNTY CRIME LABORATORY 235 Fairgrounds Road • Painesville, OH 44077 (440) 350-2793 • fax (440) 350-2731 An ASCLD/LAB-International Accredited Laboratory since 2009 An ASCLD/LAB-Legacy Accredited Laboratory 2000-2009 The CRIMESCENE A quarterly publication of the Office of the Lake County Prosecuting Attorney, www.LakeCountyProsecutor.org. For questions, comments, or to receive an electronic copy of this newsletter, please contact us at: (440) 350-2793 or [email protected] © 2014 Another New Tool for Cell Phone Evidence Memory reading hardware and adapter allows a digital evidence expert access to a memory chip removed from a mobile device. PAGE 8 With the acquisition of new equipment and training, Digital Evidence Examiner Jamie Walsh can now employ the “chip-off” technique to recover data from mobile devices that are password-protected or physically damaged. The chip-off technique involves the careful removal of a memory chip from a mobile device. Specialized equipment is then used to obtain a memory dump of the chip. The memory dump is then examined using conventional forensic software techniques. The chip-off technique has the potential to allow access to an area of mobile device forensics that until just recently was unobtainable with available forensic tools.