EXHIBIT 6 Declaration of Leesburg Police Detective

Transcription

Case 5:06-cv-00444-WTH-GRJ Document 166-6
Filed 05/07/10 Page 1 of 59
EXHIBIT 6
Declaration of Leesburg Police
Detective Richard Giles
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ESTATE OF MELINDA DUCKETT, et al.
Plaintiffs,
v.
CASE NO.: 5:06-cv-444-WTH-GRJ
CABLE NEWS NETWORK LLLP (CNN), et al.
Defendants.
/
DECLARATION OF DETECTIVE RICHARD GILES (RET.)
Pursuant to 28 U.S.C. § 1746,1 declare the following under the penalty of perjury:
1.
My name is Richard Giles, I am over the age of 18 and am fully competent to
make this Declaration. The statements made herein are based upon personal knowledge and
my review of the records of the Leesburg Police Department in Leesburg, Florida (the
"Department").
2.
From February 1991 until my retirement in July 2008 I was in law
enforcement with the Department.
From July 2005 until my retirement, I served as a
detective. Before I retired, I served as the Department's lead detective on the Trenton
Duckett missing person investigation. Also participating in the Department's investigation
were agents of the Federal Bureau of Investigation ("FBI") and the Florida Department of
Law Enforcement ("FDLE").
3.
On August 27, 2006, the Department began an investigation precipitated by a
911 telephone call reporting that Melinda Duckett's son had been abducted from her home in
Leesburg, Florida Melinda reported that someone had cut a screen on Trenton's bedroom
window and abducted him from the home through the window.
Documents Recovered from Melinda Duckett's Laptop Computer
4.
After Melinda's September 8, 2006, suicide at the home of her grandparents at
638 Rainbow Blvd., law enforcement officers secured that scene. I participated in the
investigation of the scene.
5.
On September 8, 2006, the FDLE recovered a laptop computer from the
vehicle belonging to Melinda Duckett, which was parked outside of her grandparents' home.
Melinda Duckett is the only known user of that computer. The FDLE provided to the
Department the chain of custody and report regarding Melinda's laptop, an Averatec 3200
Series Silver Laptop Computer Model: AV3250HX-01, with an internal Travelstar/Hitachi
80GB hard drive Model 1C25N080ATMR04-0, P/N 08K0635, S/N K4J23RAH. That record
is attached to this Declaration as Exhibit A.
6.
I and other investigators obtained a document from the grandparents' home
and recovered documents from the hard drive of Melinda's laptop computer demonstrating
that she had prepared for her appearance on the Nancy Grace television program. Among
these documents were:
a.
A script of Melinda's talking points for the Nancy Grace program, in both
hard copy (attached as Exhibit B) and in text fragments (attached as Exhibit
C). In her script, Melinda had prepared responses to questions ranging from
her interaction with local law enforcement and refusal to take a polygraph
examination, to her child custody and marital problems, as well as her
thoughts on who might be a suspect,
b.
A letter she wrote to a friend, attached as Exhibit D, while she was on the
telephone awaiting the start of the taping of Nancy Grace. In the letter, she
told her friend that "right now I'm fixing to be on an interview with Nancy
Grace from CNN and it's over the phone so I've got the phone in one ear,
headset to my cell in another, and then I'm on my computer, but not hooked
up to the internet. Confusing as hell, but I'm doing fine so far."
7.
The text fragments contained in attached Exhibits C and D were recovered
from the hard drive (listed by FDLE as "Exhibit MA3" on attached Exhibit D) following a
search of all text fragments recovered on the hard drive using a number of search terms. That
search produced 262 pages of information, in the form of text fragments like those contained
in Exhibits C and D, that had been deleted from Melinda's laptop computer before law
enforcement recovered the computer from her car.
8.
After FDLE completed its forensic analysis, on or about October 12, 2006, the
laptop computer, its hard drive, and all reports and tests performed by FDLE were transferred
to the Leesburg Police Department. I therefore am familiar with the contents, and these are
the types of records detectives in the Department routinely keep and rely upon in conducting
investigations like this one.
My Interviews With Melinda Duckett
9.
During investigations like this one, detectives routinely interview the parents
for any information that may help find their missing child. I therefore interviewed Melinda
Duckett two times in investigating Trenton's disappearance.
10.
During the early morning of August 28, 2006, I, along with FDLE Special
Agent Denise Nevers, interviewed Melinda at the Leesburg Police Department's offices. This
interview was recorded. During this interview, we asked Melinda to provide details regarding
her whereabouts for the two days prior to Trenton's reported abduction. Melinda refused to
provide anything beyond a generalized and repetitive story.
11.
As part of any interview, it is important to test the accuracy of the
information being given. During the course of the interview, Melinda was consensually
administered a Voice Stress Analysis ("VSA"), an investigative tool commonly used to
detect deception in witnesses during criminal investigations. The VSA examiner asked
Melinda a series of Yes/No questions, including:
•
Did you take Trenton to a safe place?
•
Did you make up the story about Trenton being taken?
•
Are you being truthful about Trenton?
•
Did you lie during this investigation?
•
Have you ensured Trenton's safety?
The Department's written report of the session, finding possible deception by Melinda, is
attached as Exhibit E.
12.
FDLE Special Agent Nevers and I informed Melinda of the results shortly
after she concluded the test. Melinda became defensive. We asked her whether she left
Trenton somewhere other than his bedroom, and we told her we thought it would be
impossible for someone to take Trenton out of the bedroom through the cut screen on the
window. Melinda became more argumentative and accused us of not trying to help find her
child. I then asked her to write a statement for me to summarize her story. Melinda resisted
and terminated the interview by abruptly walking out of the room and leaving the station.
13.
Later on the morning of August 28, 2006, after Melinda returned to the
station, I interviewed her with Detective Dunagan. We questioned her on inconsistencies in
her story. Melinda's answers were evasive and incomplete. I informed Melinda that her story
wasn't adding up, and I asked her if it was possible that she had arranged to place Trenton
somewhere. Melinda acknowledged that it was a reasonable question, but then asked us to
not bring it up again. After further questioning, Melinda also terminated this interview by
walking out of the room and leaving the station.
Melinda Duckett Was the Prime Suspect, and Continues to Be the Only Suspect
14.
After interviewing Melinda, speaking with a large number of witnesses,
reviewing all available documents, and discussions with investigators, I, in consensus with
the other investigators, concluded that Melinda Duckett was the prime suspect in Trenton's
disappearance.
15.
In addition, prior to her suicide, the Department had been prepared to charge
Melinda Duckett with the crimes of Offense Against Intellectual Property and Perjury in an
Official Proceeding. The charges stem from Melinda's false report that she had received a
message from her husband Joshua Duckett on her MySpace.com email account, threatening
to hunt her and Trenton down and kill them. Melinda reported this email to the Department,
and later swore in a state court custody proceeding that Joshua sent the email. On the basis
of that sworn testimony, Melinda received a temporary restraining order against Joshua.
Upon further investigation, the Department found that Melinda had in fact unlawfully entered
Joshua's MySpace.com account and sent the fictitious email to herself, giving the appearance
that it was generated by Joshua The Department did not arrest Melinda on these charges,
however, as we believed the best option for finding Trenton was to not take her into custody.
16.
The FBI's Behavioral Analysis Unit, which developed a profile of the person
who took Trenton, similarly concluded in the December 15, 2006 report that it provided to
the Department (attached hereto as Exhibit F) that "Melinda Duckett falsely alleged that her
child was abducted in an effort to cover up a homicide." The Department received this
document from the FBI, our trusted partner in the Trenton Duckett investigation, which
contained factual findings resulting from the investigation.
17.
When I retired from the Department in July 2008, Melinda remained the
prime suspect in the disappearance of Trenton Duckett.
No Discussions with CNN and Nancy Grace Prior to Melinda Duckett's Suicide
18.
From the time Trenton was reported missing on August 27, 2006, to the time
Melinda Duckett committed suicide on September 8, 2006, I did not speak or have any
communication with anyone from Cable News Network or the Nancy Grace television
program, and I provided no input at all in the Nancy Grace program in which Melinda
participated.
No Interference with Law Enforcement Investigation
19.
At no time did CNN, Nancy Grace, or any other media interfere with the
Department's investigation and efforts to locate Trenton Duckett. Instead, the Department
welcomed media coverage to publicize the search for Trenton.
FURTHER DECLARANT SAYETH NAUGHT
I declare under penalty of perjury that the foregoing is true and correct on this
\-SL£
day of March ,2010.
Richard Giles
EXHIBIT A
to Giles Decl.
Filed 05/07/10 Page 10 of 59
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
INVESTIGATIVE REPORT
This report was written in reference to investigative activities related to the kidnapping of
Trenton Duckett from his residence in the City of Leesburg.
On September 8, 2006, FDLE Special Agent (SA) Molly Akin performed computer forensic
imaging and analysis on tw^. laptop computers at the request of Special Agent Supervisor (SAS)
John King. United States Secret Service (USSS) Special Agents Ramin Sawal, Edward
Hughes, and Thomas Campbell of the Orlando Field Office assisted SA Akin with forensic
imaging and analysis of these computers. These computers were forensically analyzed to
determine the location of Trenton Duckett, who has been missing from Leesburg, Florida, since
August 27, 2006. These computers were searched, due to exigent circumstances which exist in
this case.
SA Akin received an Averatec 3200 Series laptop, silver in color, from FDLE SA Tom Davis on
September 8, 2006, at approximately 1845 hours. SA Davis obtained this laptop from Melinda
Duckett's vehicle. The details obtained from the computer and hard drive are as follows:
Averatec 3200 Series
Silver Laptop
Model: AV3250HX-01
HDD: Travelstar/Hitachi
Capacity: 80 GB
Model: IC25N080ATMR04-0
P/N: 08K0635
S/N: K4J23RAH
Comments: No Jumpers
On September 8, 2006, USSS SA Hughes created a forensic image of this computer using a
write blocker and the forensic software, Encase. USSS SA Sawal utilized the forensic software,
Forensic Toolkit (FTK) to analyze the contents of the image. Relevant documents retrieved from
this computer are maintained in the related items section of this case file.
On September 8, 2006, at approximately 2330 hours, Special Agent (SA) Akin received a black
Compaq Presario computer from FDLE SA Denise Nevers. This computer was seized pursuant
to a search warrant executed at Melinda Duckett's residence. The specifications for this
Serial #: 13
Case Number:OR-20-0062
Office:Orlando
AuthonAkin, Mary (Molly) Emily
Activity End Date:09/08/2006
Activity Start Date:09/08/2006
Approved By:King, John L.
Description Two Laptop Computers: Digital Evidence Imaging & Analysis
THIS REPORT IS INTENDED ONLY FOR THE USE OF THE AGENCY TO WHICH IT WAS
DISSEMINATED AND MAY CONTAIN INFORMATION THAT IS EITHER PRIVILEGED OR
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. ITS
CONTENTS ARE NOT TO BE DISTRIBUTED OUTSIDE YOUR AGENCY.
Pagel
85420071126165611
NPP-3747
Filed 05/07/10 Page 11 of 59
Case Number: OR-20-0062
IR Number: 13
computer were recorded as follows:
Compaq Presario
Black Laptop
Model: 1456VQLIN
HDD: Fujitsu
Model: MHH2064AT
Capacity: 6 GB
S/N;01052793
Jumper: Cable Select
SA Hughes used Encase to create a forensic image of this hard drive. Because there was little
data on the hard drive, it was not forensically analyzed.
The Compaq Presario and the hard drive retrieved from the Averatec 3200 laptop shall be sent
to the FDLE/Tampa Crime Laboratory for a complete forensic examination. SA Akin entered
these items into evidence on September 12, 2006. The exhibits were labeled as follows:
MA1
MA2
MA3
Averatec Laptop Computers
Compaq Presario
Hitachi/Travelstar Harddrive (Hard Drive from Exhibit MA1)
"Note: This case was submitted under the Leesburg Police Department's case number,
#06083735. Therefore, the evidence will not appear in the AIMS systems under the FDLE Case
Number OR-20-0052, The lab case number associated with this evidence is: 20060309114.**
The documents retrieved from the Averatec Laptop and the evidence submission form are
maintained in a related items section within this case file.
Page 2
NPP-3748
Filed 05/07/10 Page 12 of 59
FDLE
Florida Department of
Law Enforcement
Tampa Bay Regional Operations Center
Gerald M. Bailey
Commissioner
4211 North Lois Avenue
Tampa, Florida 33614
(800)226-1140
www.fdle.state.fl.us
October 12, 2006
Chief William J. Chrisman
Leesburg Police Department
115 East Magnolia
Leesburg, FL 34748
FDLE NUMBER:
SUBMISSION:
AGENCY NUMBER:
ATTN;
EVID CUSTODIAN
SUBPOENAS PERTA:
O THIS CASE
SHQyfcQ REFER TO HE FDLfc NUMBER
VICTIM(S):
OFFENSE(S):
TRENTON, DUCKETT
Kidnapping
Lake County
08/27/2006
TO:
20060309114
004
06083735
Barbar-a Ramos-Mendez
Crime laboratory Analyst
Digital Evidence Section
REFERENCE:
This report has reference to item(s) submitted to FDLE on September 12, 2006 by Molly Akin referenced to a
missing child. This report cross references case number 20060511306 from the Town of Lady Lake Police
Department in reference to a death investigation case.
EXHIBIT(S):
Container
Exhibit
Description
02.000.000.00
Exhibit MA2
One (1) Compaq Presario 1830 model laptop computer with serial
number 1V9BCTV520E0 with one (l)Fujitsu MHH2064AT model
hard drive with serial number 01052793.
03.000.000.00
Exhibit MA3
One (1) Hitachi Travelstar model hard drive with serial number
K4J23RAH.
RESULT fS):
Exhibit MA2 was analyzed for the presence of active and deleted data of potential evidentiary value. All data of
potential evidentiary value was recorded on the DVD-R under the directory titled "\20060309114 SUB4\ExhMA2\Active Files ". A search for data in the unallocated space (where deleted data of potential value may be found)
was performed and the data recovered was recorded on the DVD-R under the directory titled "\20060309114
SUB4\Exh-MA2\Unallocated Data Files ". A keyword search was performed. No keywords of value were found.
Exhibit MA3 was analyzed for the presence of active and deleted data of potential evidentiary value. All data of
potential evidentiary value was recorded on the DVD-R under the directory titled "\200603091J4 SUB4\ExhMA3\Active Files ". A search for data in the unallocated space was performed and the data recovered was recorded
on the DVD-R under the directory titled "\20060309U4 SUB4\Exh-MA3\UnallocatedData Files ", A keyword
search was performed. A listing of the keywords andfrequencyof occurrence was saved to the directory referenced
above as "Keyword Search Report far Exh-MA3.rtf" In addition, text fragments of potential evidentiary value were
saved to the file titled "Text Fragments from Exh-MA3.rtf" m this directory.
Committed to
Service • Integrity • Respect • Quality
EMS Report 1200603091U S4 - Printed On : Friday, October 13, 2006 - Page 1 of 2
NPP-3229
Filed 05/07/10 Page 13 of 59
Qief William J. Chrisman
PAGE 2 of 2
FDLE NUMBER : 20060309114 004
REMARKS ;
A complete listing of all active and deleted files recovered during this analysis was saved in the "Active Files"
directory under the corresponding exhibit number.
All data files and reports generated from the exhibits in this case were recorded on two (2) DVD-Rs in container
number 01.002.000.00. In addition, a forensic backup was saved on seven (7) DVD-Rs in container 01.001.000.00.
Please be advised that all data of potential evidentiary value is still present on the media that you submitted for
analysis. The DVD-Rs mentioned in this report have been returned with your evidence. Additionally, analytical
case file notes for this case are available upon request.
EMS Report: 20060309114 S4 . Printed On ; Friday, October 11, 2006 - Page 2 of 2
NPP-3230
Filed 05/07/10 Page 14 of 59
Encase report Exh-MA3
Exh-MA3 report\File Report\Exh-MA3\Encase report Exh-MA3
Device
Name:
Actual Date:
Target Date:
File Path:
Case Number:
Evidence Number:
Examiner Name:
Notes:
Drive Type:
File Integrity:
Acquisition Hash:
Verify Hash:
EnCase Version:
System Version:
Is Physical:
Raid Stripe Size:
Error Granularity:
Read Errors:
CRC Errors:
Compression:
Total Size:
Total Sectors:
Exh-MA3
09/14/06 12:51:12PM
09/14/06 12:52:54PM
F:\20060309114 S4\Exh-MA3.E01
20060309114
Exh-MA3
Barbara Mendez
Hitachi HDD s/n K4J23RAH
Fixed
Completely Verified, 0 Errors
ade27b8883101ace5ed0d 4d38a4b168
ade27b8883101ace5ed0d 4d38a4b168
3.22g
Windows 2000
•
0
0
0
0
None
80,026,361,856 bytes (74.5GB)
156,301,488
Partitions
Code Type
NTFS
07
Volume
File System:
Sectors per cluster:
Total Sectors:
Total Clusters:
Free Clusters:
Volume Name:
Driver Information:
Page 1
Start Sector
0
NTFS
8
156,296,322
19,537,040
17,200,271
NTFS 3.1 ChkdskO
L-C
(—$Extend
|—AOL Instant Messenger
|—Config.Msi
-Documents and Settings
(-All Users
|—Application Data
Adobe
i—Acrobat
1-6.0
l—Replicate
1—Security
AOL
•AOL Spyware Protection
[-AOLDiag
L-AOL
L-ACSD
j L_win32
I
|-3.2.9.1
|
1—4.1.35.3
j-ACSDialer
| L_Win32
j
1-3.2.9.1
Total Sectors
156,296,385
Size
74.5GB
Drive Type:
Bytes per sector:
Total Capacity:
Unallocated:
Allocated:
Volume Offset:
Fixed
512
80,023,715,840 bytes (74.5GB)
70,452,310,016 bytes (65.6GB)
9,571,405,824 bytes (8.9GB)
63
Filed 05/07/10 Page 15 of 59
EXHIBIT B
to Giles Decl.
Filed 05/07/10 Page 16 of 59
//AA/^-v/
&£**&?-
Froip the M«frfT,» WW vUfcf?
Main Topic;
•
My soo i* the main topic in this scared and nekhcr the awba nor any ochcr partia* involvement Wx>u)d
sanyfromh>». Thm nave b c « so inaiiyaUM avenue* OurtpoopfehmwaM
oNos<!hc«Koe«<rfwiiiii»goio*oobtt*. TbhwiuôrttoJstawkJfixujooKifnm^riMtmjjvir
old, th* toddler Pctog my son end temmintpcrtam aspect of my lift.
iifrustratesmc to no end wbenaarve people wW» op aspect of how ifee!personally are trying to jwtge sny
family and I.
Husband:
• 1 he event*, between my husband and 1 are DM for public itfastretioa, Ow chemistry was j«st not
compatible and ye*, we had our differences and f ba>« <3cdft*divorce. Now I have botn waiting
months for blm to sign the paperv Bui again, the focus...
• Thcmcdia has divulged onto mc dying rny hair, my »motipn»l sutt wbik oo c*tD«r», and fo on .
Emotions:
emotions: I am not» publicly atwtionilpcnooai^ woes lorvakdowa Mis is tte privacy of my own
home. 1 feci tan ke«pingrrrytmK} screwed csiatiiiijbisrt
for
my sun. Sitting in one spot and bawling or ghia? vr/selftote poHco srtalions lobby u surrendering m>
'4>ntowhoever has him. My love tor Urn is too strong and defiant to fait into that pit
Polygraphs
1
M far at any tavestipa^ tetiuuo^ m cot^
searches or awervirwa: say ftmliy and I have funy cooperated wWi tfaa local law enforcement aod now
tbef«deraL Locally, tfacy do ac* have tbt necessary espciiewe and tm is why the FBI was called p.
I have been instructed to only speak to an iadJvidttal FBI unit and afrythJng that tbay release to the
roedu or public is vp to tfcem. They are * e professional* andl do not wad to sspade on amy of tbcu
involvement so any other questions pertaining to the tacnnkal try**, pkwe direct free TO them.
Suspects:
' Personally 1 do not want lo point thefingerend publicly bnnUia» anyone, I am too onxmooaUy
"iNoh-cîudmy »sumingc^cye«i3vrooJdc*Wa«M)dwnip8. Everyone H • suspect in diis tnanrr, no
one has been excluded and since! m the taotber, tbc FBI would personally «>ina«4 taefirstif toy
wild leads came op.
Coping with...:
• Honestly there ts no actual coping b» this matter. My ion i» my life «nd with him g^r t^ ^fy ,hm^ |
canoo is exist. Nc^Vw^JnfrByseJflwsyirWidxscart3iarKjhelpmgni whatever ways I can does
help with (he stress and aggravation.
What does not help is when you walk in a store to buy something as soap!* as taltk and a demen peopls
can't t*k«t»e* eyes off of yw. And I'm is* tafctsf stotf * r wpportrcorxsOistsjTtryuij tomaUstirc
your mil alive, I n*an th« cold banks* ones thai are rxrtnttngfioaimknteadof focA^cwfind^rny
>on.
Speak lo a b d u c t o r
« lfIcouldipe4*lowbo*vwli»TntMwo«^
did not care atxxd finding them, only to five my son bac* i? he cmiMte safe K feme with tnc again,
where be ngntftiliybtteBjs Nowlainl*anftj»«ridtrtaJiibjai*]*^
can literally fwMife sinking. All I can say now b us* yew reap what you sow and somehow in the end
of all this, you wfU get what's coma* *> yon ify w * » ' t (Jo wtui't risit He u » BIWO i»J aawent,
there was no reason to take ban awayfrc*nd»osewl»really cared for him. Please give bbi back to
the security and warmdi that ae know*.
Baker Act:
• FirstofaflJm going u> go fcrc^ this and u w H w ^
froaimyson. For two years actually tobo* and aij mother had bean trying to take my soo sway froro
me b>using Buslw* poUc*, Sumto County, and the DejpartmeTnofChildren and Families DCF
came into the piowe and did ownerow mmtifyHiow because of Josbmi Utxrcpom of chiWibu^
and neglect on my part. Myfamily laidljiaispsdthKHigballof ia«fr boci>s.fitn^yooiopletiog the
cJu*planMithnyi»»w>prs, ^cbua on the other bandramraJBadpnrjory and was b noncoropliance
MISC00127
Filed 05/07/10 Page 17 of 59
ro his custody * w ttkcn tvttj completely. DCF closed aH ewes being unfounded tod if Joshua or his
neffcr mAv *ny other folic rpporo, ihcy wjH be t*cn •>criminrt charges That Is all on Uutl matter
•Ml now we'w done with h.
Summary:
That night approximately wound 6 we came home from a long day out and I'm oot going
to go into STMJI details about the entire day or weekend for that nrntter. Anywaylfed
him dinner he went to bed, 1 checked on him b<jfore myfriendscame and he WM E«k«p,
My friend* arrived, we watohed one movie, got ready for another when I checked on
Trent and found him missing, 1 searched the premise, but with him unfound, my friend
called the police, I went to a deputy1! apartment in my complex, called family and friends
and then everyone showed up and It was a mad bouse. Investigators scrambled around,
tape was put up, my family was in distress and there I we* a bawling fool in the mist of it
oil, not helping with anything. That is part of the reason why I am so determined to stay
on track now. I nave had a few distraught and overly emotional moments in public, but
if my eyes are shut with tears, they're not open lo look for him. That is the way 1 see it.
MISC00128
Filed 05/07/10 Page 18 of 59
EXHIBIT C
to Giles Decl.
Filed 05/07/10 Page 19 of 59
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Filed 05/07/10 Page 26 of 59
EXHIBIT E
to Giles Decl.
Filed 05/07/10 Page 27 of 59
Gary L. Barrett, Jr, Detective Sergeant
Truth Verification Examiner
115 East Magnolia Street
Leesburg. Florida. 34748
(352)728-9862
CONFIDENTIAL TRUTH VERIFICATION REPORT
August 28th, 2006
ARRANGEMENTS
On this date, the subject, Melinda M. Duckett, SSN: 109-74-3358, having a date
of birth of August 14,1985, was interviewed and submitted to a detection of
deception examination. Standardized Voice Stress Analysis techniques with a
self calibrating Digital Voice Stress Analyzer was utilized. A Dell Desktop
Computer, serial number CN-0Y0919-70821-36M3GVC was used.
EXAMINER'S CREDENTIALS
This examiner has practiced voice stress analysis and detection of deception
since April 11th, 2003. The Baker Group, E. Gary Baker, Ph.D. awarded the title
of Law Enforcement Examiner by examination. The examiner is a sworn law
enforcement officer of the Leesburg Police Department and has been employed
Since November, 1992. The examiner has been assigned to the Criminal
Investigations Division since June 1996.
PURPOSE
The subject was interviewed and examined for the purpose of determining their
knowledge and/or possible involvement in the disappearance of Trenton J.
Duckett, white male, 2 years of age, the subject's son.
CASE INFORMATION
This was an on-going investigation, being conducted by members of the
Leesburg Police Department and members of the Florida Department of Law
Enforcement, relative to the child being reported missing and possibly abducted
from his residence on August 27th, 2006, between the hours of 1900 and 2100
hrs.
NPP-2250
Filed 05/07/10 Page 28 of 59
PROCEDURE
International Society of Stress Analysts standardized truth verification procedures
were exercised throughout the examination. The subject signed a release and
acknowledged that the examination was taken freely and that he was in good
health. Questions were reviewed with the subject to protect against outside
issues and to insure that only the issues in question were relevant to the
examination.
There were four test administered, consisting of relevant, irrelevant, control and
outside issue questions regarding the subject and the issues in question.
Test number one (1): Irrelevant/Relevant Primary Test
Is your first name Melinda?
Do you live in Leesburg, Florida?
Are you a citizen of the United States?
Do you know who broke into your apartment?
Is today Monday?
Did you allow anyone other than Chris and David into
your apartment?
Is your last name Duckett?
Is this the month of August?
YES
YES
YES
NO
YES
NO
YES
YES
Test number two (2): Irrelevant/Relevant Primary Test
Is your first name Sarah?
Do you live in Orlando, Florida?
Do you know who took Trenton from your apartment?
Is today Saturday?
Did you take Trenton to a safe place?
Is your last name Jefferson?
Is this the month of December?
NO
NO
YES
NO
NO
NO
NO
NO
NPP-2251
Filed 05/07/10 Page 29 of 59
Test number three (3): Irrelevant/Relevant Primary Test
YES
YES
YES
Do you know who abducted Trenton?
NO
Is today Monday?
YES
Did you make up the story about Trenton being taken?NO
YES
YES
Test number four (4): Irrelevant/Relevant Primary Test
Are you being truthful about Trenton?
Is today Monday?
Did you lie during this investigation?
YES
YES
YES
YES
YES
NO
YES
YES
Test number five (5): Irrelevant/Relevant Primary Test
Is Trenton in Orlando?
Is today Monday?
Have you ensured Trenton's safety?
YES
YES
YES
NO
YES
NO
YES
YES
CONCLUSION
Based upon the case details provided by the subject, upon standardized chart
reading criteria and the stress present in the answers of the subject, to the
NPP-2252
Filed 05/07/10 Page 30 of 59
relevant questions, it is the professional opinion of this examiner that there is
deception indicated concerning the relevant questions regarding the
disappearance of Trenton J. Duckett, 2 years of age.
Lk"> • $<WT . C=j5ty»y^
Gary L, Barrett, Jr., Delta 3
Detective Sergeant
Criminal Investigations Division
NPP-2253
File Name
Filed 05/07/10 Page 31 of 59
File No.
T. V. INTERVIEW DATA SHEET
SUBJECT: L, Mi, F. i- U U t Q v ^ l u c ^ ^ fVAgJtPATE: B A f t ) 6<c
;
SSAN ^ - " T H Tfrsrfe
DOB
fi^-frS^
M fFfcAcQ
JÂCE A r a £ ~
ADDRESS >M/b U 6 4 ^ ^ ^fe / * f S ^ 4 ^ ^ ^ ^ j f Ph &g&g57 - 7 5 5 ^
ID:
HEIGHT M ft /Q> in,"^66 lbs fo/lHAIR /?>^Q EYES
STATE/=^C EXPIRES
DRIVER'S LIC NO./ID
Background Information ,
Education, High School 1, 2, 3, 4, Grad.^lVJ College Z/S
GSchool
Military,® N, AF, M, CG Yrs total
Disch. type ^fe*fl£AltjLDate
Specialized training, S-2.N
5c\-PPij SPGCZAUZJ*^P
to£j*iu
I. Q. Score if known
UW&Qi
General physical condition? Good f*fair Poor
Hospitalized past two years? S t s - CnZu> &z25i-< /<*i& -Sêc^y
Trouble with nerves? ^ S Any prescribed medication now? i > C ~£x c c
Ever under care of Psychiatrist or Psychologist? i^L
Ever a patient in a mental hospital? JO "O
Any heart trouble or high blood pressure? Mz^ j&tî*
j&Zd».<
Any pills or medicine taken in past 8 hours? S&, e*//*?u*"g J£
Jîcs.
Number of hours of sleep last night? *ft
Soundly oJS »yg>£t-<i
Ever taken a lie detector test before? ?Q c>
Ever been arrested, convicted, or taken to jail? O £•
O&Lx-^Q
Marital Status >A*iftE» tx J<6}#2Q?*A No. Children & Ages
NPP-2254
Filed 05/07/10 Page 32 of 59
EXAMINER'S OBSERVATION
^
• Basic current health: Alert, Well appearing, no apparent distress. Q>l N
• Mental Status: Alert and oriented to person, place and time. Q)I N
• Mental Status: Memory, speech and thought intadAY/V N
• Mental Status: Affect and mood are apjajppiiateJ^1/ N
• Mental Ability: Dull Low Average (Above Average Superior
Occupation: 3 T U ^ ^ T "
Employer ftOfr^>/ ^CTn'ZV
Length of Employment
.From
To Present.
Prior Employers, (if necessary)
From
To
From To
'.^Procedure and instrumentation explained? 5^5 m _Polygraph ^Vbice
^Release signed?
m.
Client Information Journal
Client Co. or Agency
Address
Client representative
Case Details provided by:
Purpose of examination:
Phone_
Title_
Title
IS EPA REQUIRED TO BE FOLLOWED REGARDING THIS EXAMINATION?
Y/ N IF SO, then:
EPA documents reviewed/ attached?
Request date
Time
48hrs
EPA read to employee _, Reason for suspicion explained? _ Copy to emp,
EPA documents signed? Act
Release
Time Log
Appointment
m. Arrived
m. Pre-test Start
m. Exam end m.
Subject left exam room
m. Client verbally advised of opinion at
m.
Report mailed
/
/
Examination location
Observer' name
SIGNED:
Title
Examiner, License No.
Financial Information
FEE:
( )Cash
( ) Invoice date
NPP-2255
Filed 05/07/10 Page 33 of 59
TRUTH VERIFICATION EXAMINATION
AUTHORIZATION AND RELEASE
I,
frMl^M
M.ûccgnr
SSAN \V\~-H'35S$
DQB 9 7 ? " & S "
do hereby request voluntarily, without duress, coercion, threats, promise of reward or immunity,
agree to submit to an interview, and to be examined by the VOICE STRESS ANALYZER, a
detection of deception technique, regarding the truthfulness of my statements concerning:
T^<-"kSA^-^W^tg,
Csf "?Cc^T^yo
jXtOtx^TT
-2.Hf44>
O ^ A&& .
I understand that this inteiîew and examination is being requested by myself and by:
I do hereby declare that I am, to the best of my knowledge, in good health, and not undergoing
treatment for any illness, mental or emotional disease. I have had the nature and procedure of
this examination explained to me, and I have also been advised that I have an absolute right to
refuse to submit to an examination. I have been told that I can stop talking and end the interview
and examination at any time, without prejudice.
I hereby authorize the examiner to tape record my statements, to place the necessary apparatus
on my person, and to use any electronic hearing or recording devices operated
contemporaneously with this examination.
I do release, absolve, and forever hold harmless, the Examiner, Monitor, and Witness shown
below, the Examiner's clients, agents, agency, firm, interviewers, employees, and anyone acting
on their behalf, from any liability flowing from any matter, act, or thing arising out of the
aforementioned interview and examination, including, but not limited to the results or opinions
therefrom.
I further hereby agree and authorize the disclosure, both orally and in writing the results and
opinions of the interview, and examination, including but not limited to any conversation,
comments, admissions or statements made by me during the interview and examination to:
S4*\>4.}.
Circa a. .g&iJr
STrfs/6
J4-7T6&V&S *?, <?**<.£*£.
—
r"
"
y
:
*"
Having been made clearly aware that statements I may make will be used, that I have an
absolute right to refuse to submit to an examination, and that I may discontinue the interview and
examination at any time, I am willing to submit to an interview and truth verification examination
freely without promise of reward, without force, threat, or duress being exerted on me. I have
carefully read this Authorization and Release and agree fully to the conditions herein.
SIGNED: V VTY(\^X^d^~
DATE: p f f t A f t - a c
TIMEx*^*?
EXAMINER"vfrv-Sc • j j y w & j ^ i
MONITOR
&
Examinee. WITNESS:
'm.
Lie. NoJ-fQ
LOCATION
xfrb C3&.
NPP-2256
Filed 05/07/10 Page 34 of 59
IRRELEVANT / RELEVANT PRIMARY TEST
TEST NO.
SUBJECT
«NiUV\Wjl£frr
I
-DATE &)3&/Cfc
TIMEp5%
QUESTION
1.
2.
3.
4.
ANSWER
Is your first name K.\fi y -x>^ & A
Do you live in ^<L&5 &\tl<» t Fi
Are you a citizen ofthe United States?
Do you know who o£oafc. X>JTS S Q,_VC>_ A
5. Is today ^ x ^ i ^ A n
?
fir-
?
?
6. Did vou Apa>»o;»t.. &»ugg- T U A ^ Cg/ZzS 4d>*<sz±y -xcirk % K
7. is your last name
^>wr M3*TT?
^
8. Is this the month of y£W>ivS>?
ANALYSIS:
Dl
NDI
L_
O
~i~
Q
«-V»
NO
NPP-2257
Filed 05/07/10 Page 35 of 59
t-orensic voice nuaiysis
v,uimuviiuai
Examiner Det Sgt Gary Barrett
Date:
8/28/2006 12:00:00AM
Location: LPD CID
Case*
06083735
I>»I— . 1 . - n > V
Selection*:
Subject:
Test:
Charge:
Case:
8/28/2006
Melinda Duckett
GQT
None
Felony
Recording*;
1
in-.
Time Begin:
End:
Total
1
6.927
7.766
0.839
Selection*:
Time Begin:
End:
Total
2
» I'll. ! > » * /
• " » ^ »
11
» III " *
10.915
11.859
0.944
'
^/\**W*A
Selection*:
*
/
Time Begin:
End:
Total
3
Time Begin:
End:
Total
7
Selection*:
4
Time Begin:
End:
Total
20.045
21.199
1.154
Time Begin:
End:
Total
53.103
53.943
0.84
A
^ * < -
Selection*:
Selection*:
15.532
16.687
1.155
Time Begin:
End:
Total
26.342
27.181
0.839
57.196
58.246
1.05
Selection*:
Selection*:
6
8
Time Begin:
End:
Total
60.87
61.919
1.049
NPP-2258
Filed 05/07/10 Page 36 of 59
TEST NO.
SUBJECT
V*.\>*Q(jgfr-
^
-DATE ? J ^ s / ^ TIME C g ^ l
QUESTION
1.
2.
3.
4.
5.
6.
7.
8.
ANSWER
Is your first name S>y2,AH
?
Do you live in QYl^/wsfr ^ ( p c
?
Do you know who " - T ^ A L *Ttt.>lCffo3» ffe^*i >Uc A^~
Is today S ^ T U J U ^ S
?
Did v o u T w . ^ " T g i / f r - c ^ T O # ^»f (- rb? (.re.
Is your last name J tjcgfcgôvi
?
Is this the month of '^XJJLVJ&SZ.
.
""""?
ANALYSIS:
Dl
NDI
O
Q ,
-4?
?
Q
<^
f>
C^
O
NO
NPP-2259
Filed 05/07/10 Page 37 of 59
<cuuiiueiiuai
Examiner:
Date:
Location:
Case#:
f-orensic voice «naiysis
Subject:
Test:
Charge:
Case:
Det Sgt Gary Barrett
8/28/2006 12:00:00AM
LPD CID
06083735
Melinda Duckett
GQT
None
Felony
8/28/2006
Recordings
^mmjf^^K^^^
Selection*:
Time Begin:
End:
Total
1
/ ^"K
IWM»Wt»l|P«|i . j I
•
r
»>i/T
T ^ ^ ^ M
15.742
16.435
0.693
Selection*:
24.747
25.691
0.944
Selection*:
" * > W » H ( /
<•*•'
Selection*:
I III
Time Begin:
End:
Total
11.082
12.09
Time Begin:
End:
Total
20.024
20.78
0.756
Time Begin:
End:
Total
29.91
30.792
0.882
1.008
Aw
xwn'umi
Time Begin:
End:
Total
Selection*:
Selection*:
)»
Time Begin:
End:
Total
Selection*:
7.808
8.753
0.945
. . I . »
^ ^ * <
M . Hlfcl^liilll'*
lllliîMUll
»••»»
Time Begin:
End:
Total
33.877
34.696
0.819
Selection*:
8
Time Begin:
End:
Total
36,774
37.655
0.881
NPP-2260
Filed 05/07/10 Page 38 of 59
TEST NO.
SUBJECT
lM/WtfF5r
3
-DATE ^fog/Ofr
TIME C > 5 %
QUESTION
1,
2.
3.
4.
5.
6.
7.
8.
ANSWER
Is your first name t ^ . e x ^ s A
Do you live in C J ^ S A O . ^ , -Pc
Do you know who AfcDvxOLCs Tfi4a?7*>a>
?
Is today
\NXfe^5A^
?
Didvou AAftH?. uft TUL 5ftcfey o* T ^ t - S ^ f ^ ^ 7
Is your last name £>UCttjfrr
? T^JOJ-J
Is this the month of A-*w\flUST~.
~?
ANALYSIS:
Dl
NDI
±
—H
(^)
O
-«^~V-
NO
NPP-2261
Filed 05/07/10 Page 39 of 59
V.UU11UCU Urtl
Examiner:
Date:
Location:
Case*
t-orensic voice nuaiysig
8/28/2006 12:00:00AM
LPD CID
06083735
Subject:
Test:
Charge:
Case:
Melinda Duckett
GQT
None
Felony
^jT
Selection*:
1
JVVA
Time Begin:
End:
Total
9.04
Selection*:
8/28/2006
Recording*:
\m*«~
| » >H.ilHMi<<"»"Hl»
2
Time Begin:
End:
Total
9.985
0.945
12.211
13.021
0.81
MMîmM^NWM*
,> ,,••*•****
*n^*Trr m i
11
a
J H
. JI n-
i-|
jr
Selection*:
3
Time Begin:
End:
Total
16.394
17.406
1.012
Selection*:
4
Time Begin:
End:
Total
20.645
21.657
1.012
Selection*:
5
Time Begin;
End:
Total
25.097
26.042
0.945
Selection*:
6
Time Begin:
End:
Total
33.126
34.003
0.877
Selection*:
7
Time Begin:
End:
Total
36.904
37.579
0.675
Selection*:
8
Time Begin:
End:
Total
39.873
40.682
0.809
NPP-2262
Filed 05/07/10 Page 40 of 59
TEST NO.
SUBJECT
frVvhyi/jHr-
1
-DATE ^ U ^ ) Off TIME C 5 5 Q
QUESTION
ANSWER
1. Is your first name M C ^ X r ^ b A
2. Do you live in Ig.jg >£<•*&(;,, F t ,
3. Are you a citizen of the United States?
?
-fr*
•+"
4. -P0~7oTJkllOWWlTO Aft*, Spy* 3*fcxaC TfcW7aP*U / ^ C g r ? fr?f-47£^ -f-
5.
6.
7.
8.
Is today ?Ate>Âs
?
Didvou VC** Wa,3>X I I V L S tcôfcsy-rG/t r a i ^
Is vour last name
b a vufh?
Is this the month of * W 6 a s r ?
ANALYSIS:
Dl
NDI
?
-j—
Q
-j- j -
NO
NPP-2263
Filed 05/07/10 Page 41 of 59
Forensic Voice Analysis
ônnaentiai
Examiner:
Date:
Location:
Case*:
Subject:
Test:
Charge:
Case:
8/28/2006 12:00:00AM
LPD CID
06083735
8/28/2006
Melinda Duckett
GQT
None
Felony
Recording*:
A..
Selection*:
Time Begin.
End:
Total
1
l
mmmam0mJf ^V^nm
Selection*:
» . ••,-
Time Begin:
End:
Total
3
4.438
5.037
0.599
Selection*:
»««J™
11.814
12714
0.9
Selection*:
Time Begin:
End:
Total
2
^WwJH,,,^
Time Begin:
End:
Total
4
^y*Vv
Selection*:
5
jT
Selection*:
Time Begin:
End:
Total
19,49
20.27
0.78
Selection*:
8.336
8.936
0.6
6
15.892
16.552
0.66
iMMWlWni* i»»ni'M«i»"
Time Begin:
End:
Total
23.808
24.648
0.84
^4K^ ^^•(•f^^n*.,
7
Time Begin:
End:
Total
27.466
28.186
0.72
Selection*:
8
Time Begin.
End:
Total
35.202
35.802
0.6
NPP-2264
Filed 05/07/10 Page 42 of 59
TEST NO.
SUBJECT i K V ^ W y f t C
3
-DATE
ffi^/ft
TIME 0 ^ ^
QUESTION
1.
2.
3.
4.
5.
ANSWER
Is vour first name 'M£ia.-^£>o
?
-\~
Do you live in , L f c f f s f r ^ g y , £\
?
-fr"
-fDa yoy know who ^ s a r ^ i | in i f : 3 J : 7Xg^r"oi> x ^ <fr&t3^<K \3"
Is today M ^ h ^
?
4"
6. Didvou U<vs*_ S ^
7. Is your last name
8. Is this the month of
ANALYSIS:
Dl
£*£ t Kfe£j> ^ x s . ^ - ^ a>^g~v ?
OIMLK
<&rb<r
m\G, u , s r .
NDI
D
?
-f-~
?
-\^
NO
NPP-2265
Filed 05/07/10 Page 43 of 59
v^ v u J i i w c i i u a i
Examiner.
Date:
Location:
Case*:
ruiensic vuicc miaiysis
Subject:
Test:
Charge:
Case:
8/28/2006 12:00:00AM
LPD CID
06083735
Melinda Duckett
GQT
None
Felony
8/28/2006
Recording*.
A-
im»«H«l«M|iii»miii - i n win
Selection*:
^
1
Time Begin:
End:
Total
* ^ ^ » » i > | . » ~
Selection*:
/
Selection*:
3
5.037
5.637
0.6
11.754
12.534
0.78
Vw*w**w_~
5
Time Begin:
End:
Total
7
Time Begin:
End:
Total
Selection*:
Time Begin:
End:
Total
23.388
24.288
0.9
Selection*:
8.096
8.636
0.54
Selection*:
19.61
20.63
1.02
^~——6
Time Begin:
End:
Total
29.085
29.865
0.78
Time Begin:
End:
Total
35.982
36.642
0.66
^K*M
J
33.103
33,763
0.66
Time Begin:
End:
Total
4
—<*
_A_
Selection*:
2
JV__
„H»<'iH"'"»»l
Time Begin:
End:
Total
Selection*:
8
NPP-2266
Filed 05/07/10 Page 44 of 59
EXHIBIT F
to Giles Decl.
Filed 05/07/10 Page 45 of 59
(Rev. 01-31-200.3)
FEDERAL BUREAU OF INVESTIGATION
Precedence!
To:
From:
ROUTINE
Date:
Jacksonville
Attn:
Criminal Investigative
Attn:
Tampa
Attn:
Knoxville
Columbia
Attn:
Attn:
Squad 9 - Ocala, RA
SA Jeffrey S. Bolin
CACU
UC Alan Nanavaty
Ft. Myers RA
SA John Kuchta
SSA Mike McLean
SSA Phil Coughlin
CIRG
NCAVC/BAU-3
Contact: SSA Kathleen E. Canning
Approved By:
Hess John «£^
A,
Kosky Robert H Jr fi#v-
Drafted By:
Canning Kathleen E
Case ID #:
t*
12/22/2006
(703) 632-4264
C^
7C-JK~50l72y?3 (Pending)
Title: UNSUB;
TRENTON DUCKETT - VICTIM
CHILD ABDUCTION - NO RANSOM
Synopsis: To document BAU's assistance and analysis with regard
to captioned matter.
Enclosure(s)
Copies of General Assessment Questionnaires (GAQs)
completed by Josh Duckett, Carla Massero, and
Ruth Harvey Gilligan
Details: On 8/29/06, S SAs Kathleen E. Canning and James 0.
Beasley, II, Critical I ncident Response Group, National Center
for the Analysis of Vio lent Crime (NCAVC), Behavioral Analygis
Unit (BAU-3), deployed to Leesburg, Forida (FL) to assist members
of the Child Abduction Rapid Deployment(CARD)Team who had
responded to the allege d child kidnaping investigation concerning
Trenton Duckett (age 2)
The purpose of the BAU's assistance was
to conduct a comprehens ive behavioral assessment of Trenton's
mother, Melinda Duckett , focusing specifically on her personality
and behavior, as well a s to evaluate the interpersonal dynamics
associated with the ext ended circle of family and acquaintances
and their possible rela tionship to the victim's disappearance.
NPP-3749
Filed 05/07/10 Page 46 of 59
(Rev. 01-31-2003)
FEDERAL BUREAU OF INVESTIGATION
The following case analysis was conducted by SSAs
Kathleen Canning, James Beasley, and Craig Ackley, in
consultation with other members of the NCAVC:
CASE SUMMARY
Melinda Duckett told investigators that her biological
son, Trenton Duckett, had been abducted from their apartment at
1416 West Griffin Rd, Apartment 48, Leesburg, Florida on the
evening of Sunday, 8/27/06. She put Trenton to bed at
approximately 6:45 p.m. that evening, prior to the arrival of two
male friends whom she had invited earlier that day to watch
movies. At approximately 9:00 p.m., during a break between
movies, she went into Trenton's room to check on him and noticed
he was not in his bedroom. Melinda discovered that the screen of
Trenton's window had been cut. The only other disturbance to the
room was a small picture frame, containing a picture of her and
Trenton, which was found on the floor underneath the window. Upon
discovering Trenton missing, Melinda went into the living room
and alerted her two friends that Trenton had been abducted. She
told one of her friends to make the call to 911 while she
searched outside for her son.
The Leesburg Police arrived shortly after the 911 call
and searched the inside of Melinda's apartment and the immediate
area outside. A command post was established at the Leesburg
Police Station to begin the investigation of Trenton's
disappearance. Melinda Duckett committed suicide by shooting
herself with a shotgun inside her grandparents' home on 9/8/06,
the morning after she appeared on a nationally televised Nancy
Grace program about her son's disappearance. To date, Trenton
Duckett has not been recovered.
VICTIMOLOGY
Typically, two-year-olds are considered at low risk to
become victims of abduction, largely because they are not making
lifestyle choices that put them at risk and they are usually
closely supervised. Accordingly, the risks for a victim of this
age are largely driven by the custodial parent's lifestyle.
Trenton Duckett, white male (mixed Korean/Caucasian),
date of birth 8/10/04, was the only biological child of Melinda
and Joshua Duckett. According to a child custody evaluator,
Trenton was a typical, healthy 2-year-old child who was on target
developmentally. At the time of his reported diaappearance, he
was living with his mother at 1416 Griffin Rd., Apt. 48, in
NPP-3750
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Jacksonville From: CIRG
7C-JK-50172, 12/15/2006
Leesburg, FL. Joshua shared custody of Trenton with Melinda. His
maternal great-grandparents, Bill and Nancy Eubank of Lady Lake,
FL often babysat for Trenton while his mother worked or attended
school. Outside of Melinda, Bill and Nancy Eubank were the last
people to see Trenton alive. Melinda and Trenton left the
Eubank's home on Saturday, 8/26/06, at approximately 5:00 p.m.
after spending the day visiting. According to the Eubanks,
Trenton appeared in good health the day before he was reported
missing.
Melinda Duckett (nee Eubank) was born in Korea and
adopted by Beth and William Eubank of Rockport, NY. She lived
with the Eubanks until 2 002, when her adoptive parents signed
over guardianship.to the paternal adoptive grandparents, Bill and
Nancy Eubank when, according to the Eubanks, Melinda became too
difficult to control. Melinda and Joshua Duckett met in January
of 2003, when they were both seventeen years old. Melinda
graduated from high school and became pregnant. Trenton was born
on 8/10/2004. Trenton was placed with his father in accordance
with a Florida Department of Children and Families (DCF) Shelter
order in on 4/30/05, due to allegations of irrational and
dangerous behavior exhibited by Melinda. Trenton lived with
Joshua until 6/11/05, when Joshua, in defiance of the DCF Shelter
order, reunited with Melinda, Josh and Melinda were married in
July of 2005, and were immediately placed into marital
counseling.
After a history of marital discord, and mutual
allegations of misconduct, they separated on 12/25/05 and were
allowed shared custody of Trenton. These arrangements remained
in effect until July of 2006, when Melinda alleged that Josh had
sent her an email threatening to harm her and Trenton. On the
basis of this email threat, Melinda sought and received a court
ordered injunction preventing Josh from seeing Trenton until an
investigation of the email was conducted. The police later
discovered that Melinda had emailed the threat to herself.
Previous Allegations of Abusive/Assaultive Behavior By Melinda
Against Trenton, Herself, and Others:
1. In early 2002, while living in New York with her
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To: Jacksonville From: CIRG
Re:' 7C-JK-50172, 12/15/2006
adoptive parents, William and Bethann Eubank, Melinda threatened
to cut her adoptive mother with a knife. During this time period
Melinda received psychological counseling for the attack, as well
as self-mutilating behavior. After a series of other incidents
involving harm to herself and threats to harm family members, the
decision was made to transfer guardianship of Melinda to Nancy
and Billy Eubank of Florida.
2. On 10/31/04, the Okeechobee Sheriff's Office
responded to an incident at a BMX Motocross race involving
Melinda and her mother-in-law, Carla Massero. Massero reported
that Melinda attacked Massero while she attempted to bathe
Trenton. Massero reported that Melinda slapped her, pulled her
hair, and bit her on the arm.
3. On 11/2/04, Melinda was evaluated by Dr. Catherine
L. Waltz upon the request of her family after the incident at the
BMX Motocross race. Melinda reported that she sometimes cuts
herself, and that she had continued this behavior after Trenton
was born. This self-mutilating behavior was also corroborated by
Josh as well as the child custody evaluator.
4. According to records, on 4/6/05, Joshua Duckett
contacted the DCF hotline alleging that Melinda Duckett had
threatened to harm Trenton that night. He further stated that
Melinda Eubank said that Trenton "will be gone" if Joshua Duckett
would not go to her house and talk with her. When Joshua asked
what she meant by this remark, she told him, "If you don't get it
by now, you'll read it in the paper and everyone will be sad."
5. According to DCF records, on 4/29/05, the Police
Chief for the City of Bushnell, Florida reported that she
overheard a telephone conversation between Melinda and Joshua
Duckett, wherein Melinda said that she was going to "end it"
because she "couldn't take it anymore." During this
conversation, Melinda threatened the safety of Trenton, accused
Josh of being with other women and stated, "You will be sorry."
Melinda then counted down from three to zero, and at the count of
zero, Trenton was heard screaming on the other end of the line.
Josh made a recording of this telephone call, which was
heard by several different individuals, including Melinda's child
custody evaluator. (The tape was turned over to the DCF, however
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investigators were unable to locate it at the time of this
report.) At the time, Melinda and Joshua were separated and
engaging in a custody battle. This incident resulted in Melinda's
arrest for domestic violence. She.was "Baker Acted" on 4/30/05,
causing the temporary removal of Trenton from her custody, and
the referral of Melinda for a mental health evaluation.
6. According to DCF records, on 10/30/05, Melinda
scratched Joshua with her hands during an argument while driving,
Joshua sustained scratch marks to his left arm. During the
argument,, Melinda threatened to kill Trenton by breaking his neck
and held a pocket knife against his leg. Joshua got out of the
vehicle and Melinda drove away. She. then called Joshua on her
cell phone and threatened to harm Trenton. Trenton was later
evaluated and found to have no physical marks indicative of an
assault. Melinda denied the incident, although she and Josh
admitted to having an altercation in the vehicle in Trenton's
presence.
7. On 12/27/05, DCF was notified
report to the police, alleging that Melinda
hurt Trenton "and make him cry" if Josh did
wanted him to do (return her keys). Melinda
separated at the time.
that Josh had made a
told Josh she would
not do what she
and Josh were
NCAVC Research and Anecdotal Experience of Cases Involving the
Disappearances of Two-Year-old Children:
The two most common outcomes when two-year-old
disappear are the following:
children
1. Lost/Accident.- This may include incidents in which
the toddler becomes separated from the caregiver. Most often the
child survives the experience and is found and returned unharmed
or with minor injuries; however, there are accounts of toddlers
who have wandered into some type of natural hazard, resulting in
the child's accidental death. In the case of Trenton Duckett, his
mother claims to have put him in his bed at 6:45 p.m. on 8/27/06,
and was watching movies in an adjacent room with two individuals
when she discovered Trenton missing from his bedroom. Therefore,
given the facts and circumstances of this case, this scenario is
eliminated as a possible outcome.
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7C-JK-50172, 12/15/2006
2. Domestic-Related Incident: This may include
abduction and/or homicide. Typically, toddlers are the victims
of an emotion-based event, i.e., anger or revenge. Since their
exposure is limited to family or close associates of the family,
the greatest risk to their health and safety is likely to come
from that same small universe of people. The vast majority of
child abductions/homicides of toddlers are committed by family
members, followed by acquaintances, and the primary motivation is
again, emotion-based, For-those incidents that end in the
child's homicide, body disposal plans are usually not developed
prior to the homicide, and offenders tend to dispose of the
victims close to home in familiar areas. (Child Abduction:
AgedBased Analysis
of Offender,
Victim, and Offense
Characteristics
in 550 Cases of Alleged Child Disappearance,
Boudreau,
Lord,
Dutra,
1998).
One type of domestic-related incident are false
allegations of child abduction. The NCAVC is presently involved
in a research project studying these crimes, wherein a parent or
caregiver claims a child has been abducted or has "gone missing"
in an attempt to cover up a homicide. The research has shown that
there are two primary categories of victims in false allegation
of child abduction cases: 1) children who have had a history of
being physically abused, and 2) children who are "unwanted".
Typically those that have been a victim of chronic child abuse
die as a result of a fatal child abuse incident. Children who
are "unwanted" are usually killed because the offender views them
as a liability, or as an obstacle to a relationship with the
offender's partner. The following are some relevant findings
from this study of false allegation 45 cases:
1. The biological mother was most often the offender.
2. In more than 1/3 of the cases, the victim had
been a target of previous physical abuse.
3. In more than M of cases, there had been a period of
separation between the victim and the offender.
4. There had been a change in the victim's family
within six months of the offense in more than half
of the cases.
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5. Domestic problems around the time of the offense
were noted in over 90% of the cases.
6. The vast majority of the victims would not have be
been located if not for the offender's disclosure to
police.
Two-year-old children present unique behavioral
challenges that sometimes overwhelm young and/or inexperienced
parents or care givers. "The terrible twos" often come with
temper tantrums and other behaviors that require a great deal of
patience and parental self-control. Potty training is an
activity that is associated with any two-year-old child's natural
development. Unfortunately, depending on the level of maturity
of the child, the training process can be prolonged. Pottytraining accidents can be frustrating and vexing, particularly
for a parent prone to angry outbursts. During an interview with
Melinda Duckett, SSA Canning, asked Melinda the status of
Trenton's potty training. Melinda responded, "We tried it, but
it went very badly."
Stranger abductions of two-year-olds are extremely
rare. When they do occur, it is often in the context of a car
jacking. On the rare events when children are abducted from their
residence, they are most often abducted by male offenders with a
sexual motivation, and the victims are usually pre-teen or
teenaged females.
Case Analysis
Analysis of Melinda's Free Narrative-.
Within days following her son's disappearance, Melinda
was asked to provide a written narrative, explaining her
whereabouts on Sunday, 8/27/06. Investigators had hoped, with
Melinda's cooperation, to develop a time-line of her and
Trenton's activities in an effort to develop potential leads.
In the four-page handwritten document, Melinda
recounted that she and Trenton slept in her bedroom on Saturday
night. On Sunday, they went through their "normal routine" and
drove to Melinda1s grandparents' home in Lady Lake. Melinda
wrote that she had forgotten it was Sunday, and didn't realize
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Filed 05/07/10 Page 52 of 59
7C-JK-50172, 12/15/2006
what day of the week it was until she arrived at her
grandparents' home and noticed their car was not in the driveway.
Melinda recounted that she. and Trenton went to the Suntrust Bank
in Leesburg and then to the Altamonte Mall. After spending time
window shopping, Melinda left the mall and became lost in
Orlando. She ended up in the "TD Waterhouse" area before finding
her way back home. Upon arriving at her complex, Melinda stated
that she parked in a different area so as to avoid a
"confrontational neighbor." • She recounted that she carried
Trenton into the apartment through the front door and fed him
leftover Chinese food before tucking him into bed 6:45 p.m. She
stated that she checked on him once and "verified his breathing."
Melinda further wrote she had previously made plans to
have friends over to watch movies. Chris Pierce and Danny Bass
arrived sometime around 7:00 p.m., and the three of them watched
the first movie. Melinda recounted that after watching the first
movie, she went to check on Trenton discovered that he was not in
his room. After checking the closet and interior of the house,
she had Danny Bass call the police while she dialed her
grandparents. (It was later determined through an analysis of
phone records, that during this time, Melinda called an
acquaintance who was a police officer to report Trenton's
disappearance. This police officer advised Melinda to call 911.)
Melinda then left her residence and walked to a local deputy's
apartment to see if he had seen Trenton. When she arrived back
at her apartment, Danny Bass handed her the telephone to speak
with the dispatcher, and the police arrived a short time later.
In her statement, Melinda told investigators that upon
returning to her apartment Sunday at approximately 6:00 p.m., she
parked in a different area of the apartment complex, rather than
in front of her apartment, in order to avoid a "confrontational
neighbor." She specifically stated that she carried Trenton
through the front door. A neighbor, however, was interviewed as
part of the initial canvass; that neighbor reported having seen
Melinda towards the rear of her apartment without Trenton earlier
Sunday afternoon. Chris Pierce stated that when he arrived to
watch movies at about 7:00 p.m., Melinda asked him to move her
vehicle from a rear parking lot and park it in the lot in front
of her apartment.
An analysis of the hand-written statement revealed
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To: Jacksonville Prom: CIRG
Re:' 7C-JK-50172, 12/15/2006
ambiguity with respect to the times of her travel, as well as the
locations reportedly visited by her and Trenton on Sunday. Also
of note was a significant lack of detail and emotion regarding
Trenton's activities during this period of time. When
investigators asked Melinda to accompany them in order to retrace
her travels on Sunday, Melinda refused. Investigators reviewed
videotape from the Altamonte Mall in an effort to assist with the
development of a time-line; however, Melinda and Trenton were not
seen on the tapes. When asked to take a polygraph examination
with regard to Trenton's disappearance, Melinda declined.
Analysis of Crime Scene:
The NCAVC defines "staging" as "the purposeful
alteration of a crime scene by an offender to redirect the
investigation." The following analysis of the crime scene
indicates elements of staging, perpetrated by Melinda Duckett:
Melinda reported that her son was abducted from his
bedroom on the evening of 8/27/06. Trenton's bedroom window
faces the front of the apartment. If one were facing the front
door, Trenton's bedroom window is approximately five feet to the
right of the unit's front door. The bedroom is located next the
kitchen area, which abuts the family room (where Melinda claimed
to have been watching movies with her friends). The approximate
distance between the family room and Trenton's room is less than
20 feet.
Melinda claimed that when she discovered her son
missing from his bedroom at about 9:00 p.m., she saw that a
picture frame had fallen on the floor and a cut had been made in
the window screen. The cut was not large enough for an adult to
squeeze through, which would infer that the offender managed to
pull Trenton outside through the screen. The distance from the
cut in the screen to the top of Trenton's mattress is
approximately three feet. In order to have successfully
accomplished the abduction, the offender would have to have
coaxed Trenton into standing next to the window with his arms
extended, or convinced him to stand on his bed so that he could
be close enough to the cut in the screen to be pulled through.
(Melinda commented in a posting to her Myspace account the
following day that Trenton "was kidnapped last night from our
home. Someone broke into his room and grabbed him throught (sic)
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Filed 05/07/10 Page 54 of 59
Re:' 7C-JK-50172, 12/15/2006
window.")
Given the relatively early hour, it would have been
extremely unlikely for someone to have abducted Trenton through
his bedroom window, and to have escaped without being detected by
a neighbor. Further, someone unfamiliar with the apartment's
layout would not have known that the front bedroom of the
apartment belonged to Trenton, or that Trenton was alone in his
bedroom at that time.
Chances are a stranger would have made
some audible noise, either by gaining entry, or by convincing a
two-year-old child to accompany him/her through the cut screen in
his bedroom window. This scenario also assumes that Trenton
would have quietly acquiesced to leaving the safety of his home
for the arms of a stranger.
Analysis of the crime scene photos, taken in context
with the writers' collective knowledge and experience in child
abduction matters, suggests that Melinda staged the break-in to
cover up the homicide of Trenton. Witness statements and an
analysis of her My Space account indicate that Melinda was home
during the afternoon of 8/27/06, prior to the arrival of her two
male friends. Her friends told police that they did not see, nor
hear Trenton that evening, nor did they enter his bedroom until
Melinda checked on her son and told them that he was missing.
Post Offense Behavior
* Apartment Cleaning: Parents of abducted children
exhibit a wide range of behavior, and the NCAVC cautions
investigators not to draw conclusions about a parent or care
giver's possible involvement in their child's disappearance based
on emotional responses alone. Different people deal with crises
differently; some remain stoic and in control, while others
become hysterical and fall apart. In most cases, despite the
emotional drain, parents of abducted children take great care in
preserving the memories of their missing children. Missing
children's bedrooms are often enshrined and their possessions are
lovingly preserved. The parents of missing children rarely change
telephone numbers or move residences, especially in the days
following their disappearance, in the hope that their child will
someday return home.
In the case of Melinda Duckett, her emotional response
10
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Rei
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7C-JK-50172, 12/15/2006
and behavior during the immediate time period following her son's
alleged disappearance were so atypical that they deserve
consideration in the analysis of this incident. Within hours
following the disappearance of her son, Melinda conducted a
thorough cleaning of her apartment. Investigators became aware
that Melinda was removing items from the apartment and
subsequently collected them from the complex's dumpster. Some of
Trenton's items included clothing, toys, and dishes. Of
particular note were items that usually evoke a sentimental
response in a typical distressed parent of an abducted child.
Trenton's sonogram picture, greeting cards congratulating Melinda
on the birth of Trenton, as well photographs of Trenton and
Melinda were found among the garbage. When investigators
questioned Melinda about the things she was throwing away, she
told them that the items were old or dirty, and that she was
preparing to move out of her apartment.
Further Evidence of Melinda1s Manipulative Behavior;
Melinda invited three friends (one did not show up)
over to watch movies on Sunday 8/27/06 so that there would be
witnesses when she discovered Trenton missing from his room, and
to manipulate these people into contacting the police to make the
kidnaping report.
This attempt to "distance" oneself from the
crime through manipulation of others is also evidenced in another
false allegation by Melinda which occurred on 7/5/06, when
Melinda notified her family care manager and her attorney that
Josh had sent her a threatening email. Police later found that
Melinda had sent the threatening email to herself.
In July of 2006, Melinda met an individual at a local
pawn shop from which she purchased a shotgun. This individual
told police that Melinda, after engaging in a brief sexual
encounter, asked him to give her money so that she could have her
husband killed. (This information was corroborated by police
when they discovered the person whom she requested to kill her
husband.) Melinda told him that Josh had beaten her and was
threatening to harm her and Trenton.
In each of these scenarios, Melinda manipulated other
to "do her bidding." Furthermore, she engaged in "impression
management", painting herself as a loving mother and vulnerable
victim. This significant feature of Melinda's personality will
11
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be discussed in further detail below.
Personality Assessment of Melinda Duckettt
•
In providing an assessment regarding Duckett, it is
important to analyze certain aspects of her personality in
order to more fully comprehend her motivations for behaviors
that she exhibited during this investigation, to include
what the BAU believes to be the false allegation of her
son's abduction, and her subsequent suicide. These
behaviors were demonstrated on multiple fronts, including
several interviews with various law enforcement
investigators; information gleaned from General Assessment
Questionnaires (GAQs), further described elsewhere; and her
responses to questions posed to her during her interview on
an episode of the Nancy Grace program, as well other news
media interviews with her on prior occasions.
• The GAQ was developed by the BAU to obtain, from multiple
sources, background information on suspects in criminal
investigations. One component of the GAQ is a series of
adjective terms that the respondents are encouraged to
apply, as they deem appropriate, to the individual in
question. These terms are based on the NEO-PR Personality
Assessment Instrument, which captures information about
individuals based on five' facets of personality. These
facets are neuroticism, extraversion, openness,
conscientiousness, and agreeableness.
• Three individuals associated with Duckett completed separate
GAQs which were evaluated by BAU personnel and outside
consultants. Viewed collectively, the adjective ratings of
the respondents indicated the following:
o Duckett had a low tolerance for frustration, was
insecure, had low self-esteem, and was easily provoked.
She appeared to be able to handle herself fairly well
in crisis situations, but became emotionally unstable
when she perceived the actions of others to be attacks
against her self-image. This stress would be
manifested in the externalization of blame toward
others.
12
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Duckett had a low level of warmth and trust, and
therefore had great difficulty in developing
attachments to others, viewing them as objects to be
manipulated. She was forceful and bold in social
situations, with little hesitation to speak her mind.
She was energetic and had a fast-paced lifestyle. She
was generally unemotional and pessimistic. Stimulation
and thrills had great appeal to her, and she was prone
to engage in excitement-seeking behavior.
Duckett exhibited a high level of superiority and
entitlement, had little empathy and compassion for
others, and had a low level of personal loyalty. In
personal relationships, her needs took priority over
all others, and she was highly competitive. In her
world view, the ends would justify the means.
She displayed a high need to achieve, and appeared to
be competent and efficient. She was highly
disciplined, organized, and methodical in her
approaches to achieving her goals of self-interest.
However, on the occasions when she felt under attack or
a loss of control, she could be extremely impulsive,
openly hostile and retaliatory.
She exhibited very strong narcissistic traits, wherein
she had an inflated view of herself and a diminished
view of others. She routinely engaged in impression
management, painting herself in the most favorable
light possible. She generally appeared to be in
control of her emotions and displayed a high degree of
self-confidence in most situations. However, threats
against her self-confidence would likely be defended
against with anger and/or rage. Individuals who
exhibit strong narcissistic traits often exhibit
features of psychopathy, a personality construct that
involves emotional/affective deficiencies such as
superficial social charm, inclination toward deceptive
and manipulative behavior, and an inability to
experience guilt.
personality, it appears probable that her
13
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Jacksonville From; CIRG
7C-JK-50172, 12/15/2006
motivation for appearing on the Nancy Grace show was to
manipulate the panel, and thereby a national audience, into
viewing her in a more positive light and siding with her as
a "victim."
Initially, Nancy Grace and the other participants on the
show appeared to be supportive and understanding,
sympathizing with Duckett as a victim. The events relating
to the abduction as Duckett described them were not
initially challenged, and in fact, appeared to be accepted
and supported by the participants. At that point, she was
confident and in control of the situation. When her
statements were challenged, however, she became defensive
and began externalizing blame on others, including her exhusband and the case investigators. She then provided false
and evasive answers, and misdirected the discussion, in a
vain attempt to regain her sense of self-control. When she
realized that these efforts were futile, she ended the
interview by hanging up the telephone.
The next day, Duckett committed suicide by shooting
herself with a shotgun, at the home of her
grandparents. This act appears to be entirely
consistent with the personality, traits, and behaviors
described within this report. Regarding the suicide
there are two points of interest: First, as stated
earlier within this report, Melinda's appearance on the
Nancy Grace program appeared to be entirely selfserving, motivated by her need to manipulate the panel, and
thereby the American public into viewing her as a
sympathetic victim of a crime. This would have been
consistent with Melinda's strong need for control and
impression management. Second, and perhaps more
importantly, appearing on the show potentially
represented the worst case scenario for Melinda. By
choosing to appear on a nationally televised show,
Melinda, in essence, elevated the stakes to the ultimate win
or lose proposition. In Melinda's mind, if she
failed in her efforts to win over the American public, the
blow to her self-image could be intolerable and
something from which she could not recover. In that
14
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case, Melinda could perceive suicide as the only viable
option. In fact, Melinda's history has shown that she
had considered suicide as an option in instances of
overwhelming stress.
Melinda left behind several notes wherein she attempted
to provide an explanation for her suicide. The notes
were also consistent with Melinda's personality, in
that they were remarkably void, of any emotions
indicative of guilt or remorse. While she professed
love for her son in these notes, she also blamed the
public for the frustration she felt due to the
"ridicule and criticism." This demonstrates, as
indicated above, her continuing need to externalize
blame on others.
CONCLUSION
Based on a comprehensive review of this investigation to
date, and taking into account the BAU's research and
experience in child abduction matters, it is the opinion of
the BAU that Melinda Duckett falsely alleged that her child
was abducted, in an effort to cover up a homicide. Further,
the BAU believes that Melinda Duckett committed suicide in
part based on her perception that her positive self-image
was unrecoverable, but also to further her desire for the
public to view her as a victim.
15
NPP-3763

EXHIBIT 6 Declaration of Leesburg Police Detective

Transcription

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