Bench with handcuff bars

Mr. X is a former business professional who committed a crime that landed him in federal prison. He’s out now and has agreed to share his story with the readers of The Graveyard Shift.

GYS: You mentioned a couple trips you took while incarcerated. I think the readers would be quite interested in those details. Tell us about the first one, please.

Mr. X: I’m sure you’re referring to my transfer from one prison to another, right?

GYS: Yes. I know you went on other excursions during your time in, but this is one that’s the most interesting, and it’s one our readers won’t expect.

Mr. X: Well, the first trip occurred after I’d been in about a year. My counselor called me to his office and said they’d sort of figured my custody status wrong. Originally, they’d housed me in a minimum security prison—one with double fences and razor wire—but I was actually eligible to serve my time in a camp. He then asked if I’d like to transfer. My response was an immediate yes, if he could find one near my family. Who wouldn’t want to go to a camp, right? I mean, to go from hell on earth to a place with no fences, no razor wire, better food, better jobs, less guards, and better visiting opportunities. That was an easy decision.

The arrangements were made in a matter of days. I was going to a camp near my wife who had been transferred for work since I was incarcerated. The camp was run by a private security company—a private prison.

I was, however, concerned and apprehensive about the transfer. Those trips can be awful. They chain you up and place you in the back of a hot van, or bus, and haul you to a jet that’s parked in some hidden spot. Then you fly you to Oklahoma where you may sit for several months before you finally take off for the new place. You may also get shuttled around from county jail to county jail. During that time, you don’t get visits, commissary, work, mail, etc., because no one knows where you are from one day to the next.

Well, that’s what I was expecting, but one of the guys I hung around with a bit—he fancies himself as sort of a jailhouse lawyer—said he’d read that you could apply for a furlough transfer. He went on to explain that it was possible, with the warden’s permission, to actually walk out the gate, hop on public transportation, and make the trip, unescorted.

I figured I had nothing to lose so the next night I approached the warden outside the dining hall and asked him about it. Well, without blinking an eye he said, “Fill out the application and have your family get your plane ticket.” I was stunned, but that’s what I did.

The day of my trip arrived and I still couldn’t believe they were going to let me walk out the gate. At 9 a.m. sharp I was summoned to the office. It was like a dream. I walked from the office to the front gate where a guard asked me a few questions and then opened the gates. The feeling was bizarre.

I walked outside to hugs from family members. They drove me to the airport where I enjoyed a nice meal and a flight across country. The couple seated beside me were pleasant, and I enjoyed a nice conversation with them—about nothing really, but it was wonderful to talk about things other than appeals and how to sneak an extra dessert from the dining hall. I often wonder how they’d have reacted if they’d known I was a federal prisoner.

We landed at a large airport where I was met by my wife—she was my ride to the camp. We planned the trip so that we’d have a little time together. So we stopped by the house for some much needed “quality” time before making the three hour trip to the prison camp. I’ll skip those details.

Later, I arrived at the camp with my bags in hand, kissed my wife goodbye, and went inside the office (no fences, no guards outside, and no gates!). A guard at the desk checked me in like i was at a motel. She then told me which building I’d be assigned to and pointed in that direction. I made my way across a well-manicured lawn and stepped into a nicely air-conditioned building. No yelling, no loud TVs, and absolutely no guards. Not one. It was like I’d been re-born. I was a new man with a glimmer of hope for my future.

GYS: Your next trip was a bit different, yes?

Mr. X: It sure was. After I’d been in a while I heard about inmates being granted furloughs—weekend trips to their homes to spend time with their family. The purpose of the furlough is supposed to help prisoners gradually become accustomed to outside life with their families. Well, I applied for one and it was approved. I went home for three days during the Christmas holidays and it was wonderful.

My wife picked me up in the prison parking lot and we spent three glorious days together, at home, before I had to return to the camp. I was walking on air when I got back.

I’d also gone on short day trips, like to trim roses in the town parks, or to the warden’s Ruritan Club to spruce up the grounds. And they were nice, to break up your time and to see some real people, but they were nothing like my time with my family, at home.

 

A black cat, perched atop an empty moss-coated, concrete flower urn, watched the goings-on at the graveside service of the recently deceased Romey J. Wellington. At the hired clergyman’s first mention of ashes and dust, the aloof animal opened its mouth to yawn and then licked away an imaginary something on its right forepaw.

An approaching evening storm dropped small dust- and debris-filled whirlwinds in advance of the soon-to-arrive roiling and boiling black clouds and jagged bursts of bright white electricity. The exhalations of the impending cloudburst puffed and fluffed the cat’s silky fur, first one way then another.

One more lackadaisical yawn.

Romey J. Wellington’s family, five sons and three daughters (his wife went on to her reward some fifteen years earlier) sat beneath a green funeral tent. There were no tears or outward signs of grief from the motley group of faux mourners—not a peep or a meek weep—as the highly-vocal preacher raised his hands high and began to pray in a booming voice so loud that it could, well … raise the dead.

Instead, the eldest son looked at his wristwatch. The youngest daughter, Roweena, who would turn thirty-four in a few weeks, used her thumbs to navigate various screens on her cellphone. The others watched the sky, looked at their shoes, picked lint from their clothing, and cracked their knuckles. Anything to avoid looking at the old man’s walnut casket with its two solid brass handles and strategically placed matching do-dads.

“Oh, Lord, please be with this family in their time of sorrow. Their hearts are heavy and they—” Stopping the reverend just as he was gearing up to properly send Mr. Wellington to his reward, the storm announced it’s arrival with an earthshaking BOOM! The middle daughter screamed. An honest to goodness “scared the hell out of me” scream.

The cat casually tip-toed over to the tent and claimed a spot on the fake grass rug near the head-end of the coffin. It made eye contact with the preacher who, after giving everyone a second or two to gather themselves, continued his homily. “Dear Lord, Romey Wellington was a kind man whose generosity was—” BOOM!

The bottom opened up and raindrops the size of Gummy Bears began to savagely pound the tent’s emerald green canvas top that had begun to undulate up and down in unison with the harsh and hurricane-like winds. Lightening flickered and zigged and zagged across the dark sky. Tent poles rattled against anything and everything nearby, and they tugged at the metal stakes the workers pounded into the red clay a few hours earlier.

The cat turned to look at the men and women seated in the metal folding chairs. It walked over, rubbing its body across the shins of all eight plus their respective spouses, if any. Then it returned to its place beside the coffin.

Wellington’s children had voted, eight to zero, for murder when the old man announced his decision to donate his entire fortune to the church, leaving them, his own flesh and blood, without as much as a dime. It had been quite easy to locate someone, a meth addict who needed to keep his high going, who’d “done the deed” for a few hundred dollars.

A cool million to the church … Puhleeze.

Suddenly a streak of lightning ripped downward, startling the family again. Brother number three announced to no one in particular that the bolt of electrical energy sounded extremely close.

The cat ducked as a second lightning bolt struck the canvas tent dead center, with a deafening explosion and an unbelievably searing heat.

The blast instantly claimed the lives of the eight mourners and their beneficiaries, the only people who could’ve stood between the church and Wellington’s fortune.

When the smoke cleared, the priest slyly winked at the cat, placed one hand on Romey J. Wellington’s eight-thousand dollar hand-rubbed casket, and said, “Amen.”

 

Police Officers are the brave men and women who’s duty is to protect us and to round up the evil folks who commit dastardly crimes against society. They’re enforcers of the law. They run into danger, leaping mud puddles and discarded fast food wrappers along the way. They dodge kids on tricycles and those licking popsicles.

Officers often work during the nighttime among feeding feral animals and smelly winos. Their nerve are cords of steel and their hearts and minds are filled to the brim with compassion.

They train and train and they train, and they’re given all the tools needed to fulfill their duties with the utmost expertise.

Unfortunately, though, cops are human and we all know that humans subject to making mistakes. Cops are no exception. Here, see for yourselves.

Oops!

Serving search warrants and entering homes and businesses to search for killers, robbers, and thieves is risky to say the least.

Before “going in,” though, there’s often a ton of necessary preparation—surveillance, paperwork, briefings, etc, not to mention the hours of training and practice that goes hand-in-hand with being a finely-honed, well-oiled member of police department’s special team. After all, the goal is to make a swift and safe entry, collect evidence, and to bring out the bad guys with no one getting hurt, including the crooks.

But, after all those grueling hours of aforementioned training, often in harsh conditions, repeating the same tactics over and over again until they come as naturally as taking a breath, well, things still happen while executing warrants. Such as …

Knock on Wood

We’ve all seen the TV cops, the officers knocking and announcing their presence and purpose. Bam! Bam! Bam! “Police! Search warrant!” Then the door-kicking starts (battering ram, actually) until the jambs and locks give way. Officers are then able to storm the house like ants on a dropped lollipop.

That’s how it’s supposed to go, right? But then there’s this …

Officers kick and kick and kick, and pound and pound and pound, trying to get inside a crack house. But the door won’t budge. They’re frantic that evidence is being destroyed with each passing second, so one cop decides to break a window when he suddenly hears a voice calling out from inside the home. “Use the door knob, dumbass. It’s unlocked.”


Lookin’ Through the Window

It’s mid July and a baby is trapped inside a locked car. The motor’s running and the mother is hysterical. She accidentally hit the lock on the driver’s door as she was getting out. “Please hurry! My baby’s so scared, and it’s really hot inside. Hurry!”

The responding officer peeks through the glass of the driver’s side window and sees that all four doors are securely locked, so he uses a Slim Jim to try and pop open the latches. But it just doesn’t seem to work this time and he curses those “newfangled” electric locks and all the wiring that becomes tangled around his cardoor-unlocking device. Precious minutes tick by as the temperature climbs past 90. The baby seems to be okay and the ambulance and fire crews are on the way. Another five minutes of jabbing the metal tool inside the door panel passes before a fire truck finally pulls up. Whew! They’ll have the right equipment to get the kid out safely.

The fire captain hops out of the truck and walks up to the car. He steps around to the passenger door and calmly reaches inside through the OPEN window. Then he gently scoops up the cooing baby and hands her to her sobbing mother.


The Old “Mattress as a Shield” Trick: Please Help Me I’m Falling

The prison Emergency Response Team has been called to extricate a suicidal inmate from his cell. The prisoner is extremely violent and he’s well known for hurting staff members. He’s also built like a bulldozer and is as strong as twenty men.

The team assembles at the cell door waiting for the command to go in. The lead officer, typically the largest of the group, is in charge of a cot-size prison mattress. His assignment is to hold the mattress in front of his body, vertically. The idea is to rush the guy and pin him to the rear cell wall with the padded shield. Doing so allows the team to easily restrain the guy. No problem. They’ve used the tactic several times before with great success. Never had an injury, either. When everyone is ready, someone begins the countdown. One. Two. Three. Go!

The door opens and the 6’4, 250 pound ox of a man, the officer who’s wielding the mattress makes his move. The only job for which he’s responsible, to be a human battering ram. However, he steps on the bottom corner of the mattress and tumbles inside the cell. The rest of the team fall on top of him while the inmate looks on. He slowly begins to laugh and then starts to chuckle uncontrollably as the team scrambles to get to their feet. The prisoner, of course, is laughing so hard he has tears streaming down his cheeks.


Slim Jim

Before the introduction of electronic locks, it was a simple matter of slipping a Slim Jim between the window glass and rubber weather strip, feel around until the tool hit the “lock rod,” and wiggle it around a tiny bit until the lock knob popped up.

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So presto, bingo, all was well and the happy citizen went about their daily routine.

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Slim Jim

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Notches used for “hooking” the lock rod and other mechanisms

After electronic locks replaced the simple, manual ones, things changed. No longer was unlocking a car door an easy task. In fact, it was quite the opposite and many officers, especially the old-timers, found themselves jabbing Slim Jims inside car doors while pushing and pulling and pumping the darn things in and up an down motion that brings to mind a frazzled grandma in the kitchen using a hand-mashing implement to frantically and wildly smash the heck out of a pot full of potatoes.

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Grandma pounded out a week’s worth of frustrations using one of these things while preparing Sunday lunch.

Sometimes during a particularly violent Slim-Jimming session, the device became entangled in the nests of wiring, rods, gadgets, and connections inside the door. When this occurred it sometimes was impossible to remove the “Jim” without damaging an entire network of electrical, well, car stuff.

Therefore, it was not all that unusual for an officer to leave the device protruding from the door of a high-end vehicle while the owner called a professional for help. Then off they’d drive (the car owner), heading to the dealership with long, flat piece of metal flapping in the breeze.

Most of us are familiar with famous forensic scientist Dr. Henry Lee. I, in fact, I have a couple of books on my office shelves, reference material that features his renowned work. He’s practically a guru when it comes to his word in a court of law, as it pertains to crime scene evidence.

Dr. Lee’s word had been golden until a recent case in Connecticut showcased a crack in the manner as to how he collects and examines crime scene evidence. As a result, his character came under fire.

Sure, mistakes happen because Dr. Lee, like the rest of us, is merely human. But when those errors send potentially innocent people to prison for decades at a time before a third party discovers that an expert, especially one of Dr. Lee’s caliber, offered incorrect testimony during a murder trial, well, it’s nothing short of inexcusable. The facts in this case speak for themselves. Someone goofed and it caused two men to spend the past three decades behind bars.

The Case

Two men, Sean Henning and Ralph Birch, were convicted for the horrific murder of Everett Carr, a victim who was stabbed 47 times. His attackers also slit the man’s throat and then tracked Carr’s blood throughout the house.

Henning and Birch were sent to prison based partially on the testimony of Dr. Lee.

Dr. Lee testified that a towel in the victim’s bathroom had a small speck on it, a spot that he had tested and found was “consistent with blood.” Dr. Lee’s word is golden, right?

However, the Innocence Project, after taking the case, offered that the state forensic laboratory revealed the towel had not been tested prior to the original trial. And, in a shocking discovery, they learned that when the lab did finally test the towel for DNA they determined the substance (the spot) on the towel was not blood after all. A KEY piece of evidence.

So how was it that Dr. Lee arrived at his conclusion regarding the spot on the towel found in a second floor bathroom? The renowned expert simply relied on the results of a presumptive field test, a chemical that turns blue in the presence of blood. But, presumptive field tests are used merely as an indication of that the substance is probably blood, drugs, etc. It is only when a full test in a laboratory is performed that can confirm the actual ID of a substance.

Field tests are not always 100% accurate. They do, however, provide probable cause which points an official in a certain direction—to pursue the notion that blood or drugs are present, or not (to make preliminary conclusions). Proper and formal lab tests are a must if the substance in question is to be introduced in court as evidence.

So what happens when officers and experts such as Dr. Henry Lee offer inconsistent and/or inaccurate and misleading evidence?

Last Friday, Connecticut’s highest court ruled that Sean Henning and Ralph Birch should get a new trial.

In the decision, Justice Richard Palmer wrote, “It is inarguable that Lee, as the representative of the state police forensic laboratory, should have known that the bathroom towel had not been tested for blood. He, like any such witness, had an affirmative obligation to review any relevant test reports before testifying so as to reasonably ensure that his testimony would accurately reflect the findings of those tests.

To conclude otherwise would permit the state to gain a conviction on the basis of false or misleading testimony even though the error readily could have been avoided if the witness merely had exercised due diligence.” 

The Appeals Court said, “We agree with the petitioner that, contrary to the determination of the habeas court, he is entitled to a new trial due to the state’s failure to alert the trial court and the petitioner that Lee’s testimony was incorrect, and, therefore, we reverse the judgment of the habeas court.” 

And just like that, after a 57-year career of investigating over 8,000 cases, a tiny stain on a towel instantly became a large stain on the record, reputation, and the integrity of one of the world’s leading forensic experts.

After serving 30 years in prison, Henning has been released on probation. Birch remains incarcerated at the Osborn Correctional Institution. Meanwhile, prosecutors must decide whether or not the two men should face a new trial.

Dr. Lee adamantly states he did nothing wrong.

The courts and the two men who were tried and convicted and imprisoned based mostly on Lee’s testimony back in the late 1980s, well, they’d probably disagree with Dr. Lee’s self assessment.

 

With nearly every item under the sun, short of the kitchen sink and an anti-aircraft gun, strapped snuggly around their waists, officers today should be safer than ever before, right?

But are they indeed safer than officers of days gone by?

Does carrying a combined array of deadly and less than lethal weaponry truly protect them from harm? After all, electoshock weapons such as Tasers and/or similar devices are powerful enough to bring even the largest person to the ground, transforming the resisting behemoths into jerking and twitching lumps of screaming and squealing human flesh.

Or, is it possible that the mere sight of those electrically-charged weapons is enough to send someone into a rage? And I’m not speaking of a person who’s typically prone to fight the police for fun or sport. Yes, there are many people out there who enjoy fighting police officers. To them, doing so is a hobby much like collecting stamps or butterflies is to others.

Instead, I speak of the average Joe or Jane who’s typically a non-violent person who, upon seeing one of those nearly fluorescent yellow shock devices, is sent into a tornado-like whirlwind of punches, kicks, and other fits of anger.

Weapons Effect

A joint study conducted by London police officers and criminologists at the University of Cambridge found that, electroshock weapons such as Tasers can actually trigger what’s been called the “weapons effect,” a psychological issue that causes aggressive behavior and actions when someone simply sees such a device. This is especially true when the weapon is in the possession of law enforcement officers, including when they’re safely stored in a holster/case attached to the officers’ belts. Aiming one at someone is not necessarily the catalyst that prompts the attack(s).

The weapons effect is not a new finding. Not at all. It’s been around for four decades or so, prior to the onset of Taser use by officers. However, it seems that the number of assaults against officers has increased with the presence of Tasers and similar weaponry.

Triggered by Tasers

The University of Cambridge study states that assaults occur more often when Tasers are present than any other type of weapon.

And, the study found that as a result of the violence toward them, Taser-carrying officers were more likely to use force to bring those situations under control, and to protect themselves from physical harm.

In fact, the study found that in nearly 6,000 incidents that occurred between June 2016 and June 2017, London officers who carried Tasers were 48% more likely to use some type of force than an equal number of officers who did not carry the weapon. For comparison, 400 officers were armed with Tasers and 400 were not.

To put these numbers in perspective, though, from the almost 6,000 incidents, officers were assaulted a “grand total” of only 9 times. Six of those assaults were against Taser-carrying officers compared to 3 assaults against officers who did not possess a Taser.

Of the total number of use of force cases, the 48%, only 9 officers drew their Tasers from its holster. And, of the 9, only 2 applied shock to a suspect.

U.S. Officers Assaulted While On Duty

In the year 2017, 12,198 U.S. law enforcement agencies (not all) reported that 60,211 officers were assaulted while performing their duties or, 0.1 per 100 sworn officers. These numbers reflect 596,604 officers providing service to more than 269.6 million people. Of the 60,211 officers who were assaulted, 17,476 sustained injuries. (FBI stats).

What Now?

The Cambridge/London study, while interesting and perhaps a bit eye-opening, suggests the solution to the problem is simply to conceal the Taser. Make it difficult to see. After all, many are made of a vivid yellow material that brings to mind a large, ripe lemon hanging from an officer’s duty belt.

The weapon, strategically placed among the other tools of the trade—baton, handcuffs, OC spray, flashlight, sidearm and spare magazines, glove pouch, cellphone holder, belt keepers, etc.—stands out like a flashing neon light.

The eyes are immediately drawn to it, sitting there in all its brightness in the cross-draw position opposite the lethal sidearm. It’s like standing before someone who has spinach caught in their teeth, or with their pants unzipped. The eyes are immediately drawn to that particular spot.

Concealing weapons, though, makes access to them difficult for officers, especially when quick reaction time is vital.

Maybe a color that stands out less could be the solution to less aggression. Something like …

 

 

 

 

 

 

 

 

 

As opposed to …

 

 

 

 

 

 

 

 

 

Or … a Blue, Blue Taser.

 

 

 

 

 

 

 

 

 

 

 

“Yes, Sam, you heard me correctly. The murder weapon was indeed a wisecracking, bucktooth bunny.”

“Don’t be silly, Daffy. I can’t imagine how she could bludgeon the man to death using a long-eared galoot.”

“No more speculation, please,” said the famous cartoon duck. “Here’s how she did it …”

Tularemia

Tularemia, or rabbit fever as it’s commonly called, is no stranger to the United States. After its discovery in 1911 in Tulare, California, the disease became known as a killing machine. It killed a large number of ground squirrels before finding its way into human bodies where it infected hunters and other outdoorsmen, and any others who came into contact with infected animals.

Today, the Center for Disease Control (CDC) reports roughly 200 cases of Tularemia (Francisella tularensis) each year in America. Only about two percent of those cases are fatal. However, since it is possible to transform the tularemia microbe to an aerosol form, the plague-like disease could be used as a very effective biological weapon.

Killers in mystery novels might find tularemia a most effective way to murder their victims, since pathologists and toxicologists do not routinely screen for it during autopsy. And, Tularemia is not easily detected by doctors.

Tularemia-carrying organisms are readily found in wild animals—particularly feral rabbits—in their feces. It’s also found in water and mud. Humans can contract tularemia by handling the hides, paws, or flesh of wild rabbits. They can also catch the disease by eating undercooked rabbit meat. Ticks, mosquitoes, and deer flies can transfer the sickness to humans through their bites.

A hunter with an open cut or wound can contract tularemia simply by skinning a rabbit. A murderous spouse could introduce the bacteria into her unsuspecting hunter-husband’s food (Tularemia-tainted meat), then blame the death on the infected rabbits the sportsman shot during his hunt. The wife could easily explain the symptoms away until her husband was too far-gone for medical help.

The disease offers a variety of symptoms, depending upon the way it is introduced to the victim. Inhaled tularemia, the method most likely to be used by terrorists, presents flu-like symptoms—fever, chills, loss of appetite, cough, and headache. Swollen lymph nodes, skin ulcers, and pneumonia can accompany these symptoms.

Certain strains of tularemia are currently incurable because they have been genetically engineered to be antibiotic-resistant. This disease, though deadly, cannot be spread by human-to-human contact.

The use of tularemia in germ warfare is not new to the military. In 1932 and again in 1945, the Japanese studied using tularemia as a possible biological weapon. Thousands of Soviet and German soldiers serving on the Eastern front during WWII succumbed to tularemia. There is some speculation that the disease was introduced to them intentionally.

The U.S. also developed and stockpiled tularemia (by freezing). The military conducted tests on the agent (code named Agent UL) by spraying barges containing monkeys in the waters off Hawaii. The spray was introduced by aircraft over several miles. As a result, over half the monkeys were infected with tularemia. Approximately half of the infected monkeys died.

An American fell ill with Tularemia when he ran over an infected rabbit while mowing his lawn. It was this instance that cemented the fact that tularemia could be contracted by inhalation. In 2000, an outbreak of tularemia occurred on Martha’s Vineyard. The cause of the outbreak .. lawn mowing. In 2003, a Nantucket maintenance worker ran over an infected rabbit with his lawnmower, however, it was not he who contracted the disease. Instead, it was a co-worker who used a stick to remove the animal to nearby bushes.

Terrorists could transmit the bacteria either in food or by an aerosol propellant. Large numbers of people could be infected at once with only a microscopic amount of the bacteria.

So, what have we learned from all this? That’s right, be vewy, vewy quiet when hunting wabbits …

Richmond Virginia

The Hollywood Cemetery in Richmond, Va. is one of the capital city’ most visited tourist attractions. It’s also the final resting spot for presidents James Monroe (also governor of Virginia in 1800) and John Tyler, as well as several famous civil war figures. One of Edgar Allen Poe’s school teachers, William Burke, is buried in the Hollywood Cemetery.

Located at the north end of the Robert E. Lee Bridge, the old cemetery (designed in 1847) quietly overlooks the city of Richmond and the ever roiling waters of the James River. Looking for a burial plot? The Hollywood Cemetery is currently accepting new residents. In fact, it’s one of the few cemeteries in the country that’s owned by its lot (plot) owners.

Other famous residents of the Hollywood Cemetery include:

John Randolph – one of America’s forefathers and greatly feared orator.

Mary Harvey – daughter of Chief Justice John Marshall.

Jacob Valentine – The 1871 inventor of Valentine Meat Juice, a popular medicine in its day.

The Phillip Haxall family – owners of the world’s largest flour mills in the 1800s.

James Thomas, Jr. – Philanthropist and leading tobacco producer before the Civil War.

Robert Ryland – Founding president of Richmond College and the pastor of The First African Baptist Church.

General JEB Stuart – Confederate general.

Jefferson Davis – President of the Confederate States of America, and America’s leading hero of the Mexican War.

General Fitzhugh Lee – The Laughing Cavalier. He led the calvary of Northern Virginia.

Major Lewis Ginter – invented the first machine for rolling shredded tobacco in paper. His cigarettes were called Richmond Gems.

Thomas Williams – leading tobacconist

Mary Munford – crusader for public education.

Kate Minor – In 1924, she established a public library in Lewis Ginter’s former residence.

Jack Williams – 15 year old boy scout who volunteered in a makeshift hospital at the John Marshall High School during a severe influenza epidemic. Williams worked to the point of exhaustion, and died from influenza.

Bishop James Cannon – the spark plug that started the movement causing prohibition.

Hollywood Cemetery overlooking the Richmond skyline.

Photos courtesy of Chris and Stephani Fowler

Convicted serial killer, Timothy Spencer, the Southside Strangler, appealed his death sentence. He claimed that he was factually innocent, scientists did not adequately perform the DNA testing in his case, and that DNA testing is a flawed science. Were Spencer’s claims wrong? Is DNA testing flawed?

Spencer also challenged the facility that performed the DNA testing. The court found no flaws in their procedures.

Landmark Case – 1st Death Sentence in the U.S. Based on DNA Evidence

Since so many writers craft stories involving serial killers and other murderers, I thought you would perhaps be interested in seeing a small part of the process involved in those cases as they make their way through the legal system.

* Spencer was the first person in the U.S. sentenced to death based on DNA evidence. This was a landmark case in the United States. I served as a witness to Spencer’s execution via electric chair. Patricia Cornwell’s first book, Post Mortem, was based on Spencer’s case and of the police investigation.

The following paragraphs are excerpts from Timothy W. Spencer’s appeal to The United States Court of Appeals, 4th Circuit. His argument – The DNA testing was flawed.

*WARNING – Parts of the text are quite graphic*

5 F.3d 758

Timothy W. SPENCER, Petitioner-Appellant,
v.
Edward W. MURRAY, Director, Respondent-Appellee.

No. 92-4006.

United States Court of Appeals,
Fourth Circuit.

Argued Oct. 28, 1992.
Decided Sept. 16, 1993.

J. Lloyd Snook, III, Snook & Haughey, Charlottesville, VA, argued (William T. Linka, Boatwright & Linka, Richmond, VA, on brief), for petitioner-appellant.

Donald Richard Curry, Sr. Asst. Atty. Gen., Richmond, VA (Mary Sue Terry, Atty. Gen. of Virginia, on brief), for respondent-appellee.

Before WIDENER, PHILLIPS, and WILLIAMS, Circuit Judges.

OPINION

WIDENER, Circuit Judge:

1 – Timothy Wilson Spencer attacks a Virginia state court judgment sentencing him to death for the murder of Debbie Dudley Davis. We affirm.

2 – The gruesome details of the murder of Debbie Davis can be found in the Supreme Court of Virginia’s opinion on direct review, Spencer v. Commonwealth, 238 Va. 295, 384 S.E.2d 785 (1989), cert. denied, 493 U.S. 1093, 110 S.Ct. 1171, 107 L.Ed.2d 1073 (1990). For our purposes, a brief recitation will suffice. Miss Davis was murdered sometime between 9:00 p.m. on September 18, 1987 and 9:30 a.m. on September 19, 1987. The victim’s body was found on her bed by officers of the Richmond Bureau of Police. She had been strangled by the use of a sock and vacuum cleaner hose, which had been assembled into what the Virginia Court called a ligature and ratchet-type device. The medical examiner determined that the ligature had been twisted two or three times, and the cause of death was ligature strangulation. The pressure exerted was so great that, in addition to cutting into Miss Davis’s neck muscles, larynx, and voice box, it had caused blood congestion in her head and a hemorrhage in one of her eyes. In addition her nose and mouth were bruised. Miss Davis’s hands were bound by the use of shoestrings, which were attached to the ligature device. 384 S.E.2d at 789.

3 – Semen stains were found on the victim’s bedclothes. The presence of spermatozoa also was found when rectal and vaginal swabs of the victim were taken. In addition, when the victim’s pubic hair was combed, two hairs were recovered that did not belong to the victim. 384 S.E.2d at 789. The two hairs later were determined through forensic analysis to be “consistent with” Spencer’s underarm hair. 384 S.E.2d at 789. Further forensic analysis was completed on the semen stains on the victim’s bedclothes. The analysis revealed that the stains had been deposited by a secretor whose blood characteristics matched a group comprised of approximately thirteen percent of the population. Spencer’s blood and saliva samples revealed that he is a member of that group. 384 S.E.2d at 789.

4 – Next, a sample of Spencer’s blood and the semen collected from the bedclothes were subjected to DNA analysis. The results of the DNA analysis, performed by Lifecodes Corporation, a private laboratory, established that the DNA molecules extracted from Spencer’s blood matched the DNA molecules extracted from the semen stains. Spencer is a black male, and the evidence adduced at trial showed that the statistical likelihood of finding duplication of Spencer’s particular DNA pattern in the population of members of the black race who live in North America is one in 705,000,000 (seven hundred five million). In addition, the evidence also showed that the number of black males living in North America was approximately 10,000,000 (ten million). 384 S.E.2d at 790.

5 – On September 22, 1988 a Richmond jury found Spencer guilty of rape, burglary, and capital murder. The jury unanimously fixed Spencer’s punishment at death, which was affirmed on direct appeal. Spencer then filed a petition for habeas corpus with the state trial court, which was dismissed. He appealed to the Virginia Supreme Court, but because his appeal was filed one day out of time, the Virginia Supreme Court refused the petition. Spencer then filed a petition for a writ of habeas corpus with the United States District Court for the Eastern District of Virginia. The district court denied his petition. Spencer v. Murray, No. 3:91CV00391 (E.D.Va. April 30, 1992).

6 – On appeal, Spencer raises essentially five issues1: (1) the DNA evidence in this case is unreliable; (2) defense counsel was denied an opportunity to adequately defend against the DNA evidence because the trial court denied a discovery request for Lifecodes’ worknotes and memoranda, the trial court refused to provide funds for an expert defense witness,2 and the prosecution did not reveal evidence of problems with Lifecodes’ testing methods; (3) the trial court should not have admitted the DNA evidence; (4) the prosecution improperly struck Miss Chrita Shelton from the jury for racially-motivated reasons as prohibited by Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); and (5) the future dangerousness aggravating factor in Virginia’s capital sentencing scheme is unconstitutionally vague.

* Spencer’s major attack was on the DNA testing. I’ve inserted photos of the same type DNA testing  (electrophoresis, or gel testing) that Spencer claimed was faulty.  These photos are mine—I was the photographer. These were not part of the appeal. 

Spencer’s argument boils down to an assertion that the DNA results were flawed and he was wrongly convicted. This is a claim of factual innocence. The errors he points to–potential errors in the results of the DNA test–are errors of fact, not law.

… Specifically, Spencer points to a laundry list of problems that might have occurred with his DNA test, including:

1 – Bandshifting that may have occurred because the tests were not run on same gel (list continues below images);

DNA testing by electrophoresis (gel testing) … the process

Weighing the agar gel.

Mixing the gel with water.

Gel in chamber.

Forensic Facts

Injecting DNA into the gel.

Attaching electrodes to the chamber.

Introducing electric current to the gel.

Completed gel is placed onto an illuminator for viewing.

 Gel on illuminator.

*My thanks to Dr. Stephanie Smith for allowing me to hang out in her lab to take the above photos.

Completed gel showing DNA bands

DNA bands

Spencer’s claims against DNA continue:

2 – Cross-contamination or bacterial contamination of the samples because Lifecodes’ procedures do not guard against these threats;

3 – Invalidity because of the lack of data on the reliability of DNA testing of degraded forensic samples;

4 – Incorrect matching because visual inspection, rather than computer calculations, were used to declare a match;

5 – Invalidity that may have resulted from potentially poor quality control or proficiency standards;

6 – Impossibility of verifying results because Lifecodes did not record what voltage they applied to gel;

7 – Inability to know whether Lifecodes properly performed tests because there are no standards for licensure or required tests that labs must complete;

8 – Improper testimony at trial about the statistical likelihood of finding someone else with same DNA type because of potentially improper application of the product rule;

9 – Lack of validation studies to prove reliability of DNA testing in forensic setting and of using sperm to DNA type; and

10 – Possible inaccuracies resulting from Lifecodes’ use of certain probes

Spencer repeatedly urged, in his brief and at oral argument, that the main reason the DNA evidence in this case was found to be admissible is because it was “too new” to have been criticized, because the criticisms were published after his trial, and because Spencer was, according to counsel, the first person ever convicted and sentenced to death, using DNA evidence, in Virginia.

The Virginia State Supreme Court ruled that the DNA testing had been performed properly and denied Spencer’s appeal.


I sat twenty-feet or so from Spencer as he was put to death in Virginia’s electric chair. The procedure was gruesome, to say the least.

A few minutes after the final burst of electricity surged through Spencer’s body, time to allow the body to cool enough to allow a physical examination, the attending physician checked for signs of life. After a moment or two he looked up from Spencer’s body and said to the warden, “This man has expired.”

It was over.

Later, an unmarked DOC van carrying Spencer’s body departed the prison, passing through a crowd of people lining the roadway outside the main gate—protesters, and the many officers from state and county agencies who were assigned to maintain peace between the pro and anti death penalty groups. Both groups went silent as the van exited the prison gates and passed by on its way to the state morgue in Richmond where an autopsy was scheduled to be performed.

I knew how it felt to stand there watching those vans pass because I’d been assigned to the protection detail several times in the past. One of those times was for the execution of Roger Keith Coleman, a man convicted and sentenced to death for the rape, murder, and beheading of his sister-in-law.

Tension was high the night of Coleman’s execution and the crowds on both sides of the death penalty debate were large and angry.

Coleman’s case drew international attention. He, a coal miner from the mountains of Virginia, pleaded his case on talk shows and in magazines and newspapers. He was even featured on the cover of Time magazine. Pope John Paul II attempted to intervene, pleading to block the execution, and thousands upon thousands of protestors from around the globe sent letters to the governor of Va. Many made phone calls to his office.

But, DNA tests proved that Coleman was indeed the perpetrator of his sister-in-law’s brutal rape and murder. He submitted to a polygraph on the day of his execution as a last attempt to prove that he’d not committed the horrible crime. He failed the test.

Coleman’s final meal was a dinner of pepperoni pizza, fudge cookies, and a 7-Up. He went to “the chair” still proclaiming his innocence.

After Spencer’s execution concluded, prison officials drove me out and away from the facilty to my unmarked car I’d earlier parked behind the state police area headquarters. They’d picked me up there and driven me to the prison to prevent onlookers from knowing that I was to be a witness, a standard procedure.

As the prison van containing Spencer’s body passed by the protesters, I was already on my way home.

No, I’m not talking about the spirit world, or of zombies. I’m talking about how the living use a victim’s body to help determine the time and cause of death.

First, what happens when a person stops breathing and their heart ceases to beat? The skin begins to pale (pallor) and the muscles immediately begin to relax—all of them, which can produce some pretty unpleasant effects around the south end of the body.

Then come the Mortis brothers, all three of them—Livor, Algor, and Rigor. These guys show up to the party, one at a time, and when they arrive … well, let’s just say the host is the center of their attention. And boy do they ever “spoil” him.

Algor mortis is simply the cooling down of the body after death. A pretty good rule of thumb method to determine the time of death is to take the rectal temperature of the deceased (#neverusethethumb, for obvious reasons—say NO to the rule of thumb!), subtract that number from 98.6 (average, normal human body temp), and then divide that number by 1.5 (the average cooling rate of a body per hour under average conditions). The result is the approximate number of hours that have passed since the victim kicked the bucket.

Livor Mortis, or lividity, is the pooling of blood in the lowest portions of the body. Lividity is caused by gravity and begins immediately after death. The telltale signs of livor mortis, the purplish discoloration of the skin, begins the moment the heart stops pumping. This process continues for approximately 6-12 hours, depending upon surrounding conditions, until it becomes fixed, permanently staining the tissue in the lowest parts of the body. When large areas become engorged with lividity, the capillaries in those areas sometimes rupture causing what’s known as Tardieu spots. Tardieu spots present as round, brownish blacks spots.

Rigor Mortis, the contracting and stiffening of the muscles after death, takes a couple of hours to begin and completes in approximately 8-12 hours. The process starts in the smaller muscles of the head and face and moves downward to the larger muscles. When rigor is complete, the process reverses itself starting with the lower large muscles and ending with the smaller face and head muscles. The entire process can last for approximately 48 hours. The body will quickly begin to decompose after rigor is complete.

A person’s body goes stiff in the position they were in at the time of death.

Therefore, if a person died while lying on his back with one arm held straight up and the other straight out to the side, and the police discovered that same body in a bathtub, they’d probably conclude that someone moved the victim after death had occurred. After all, no one sits in a bathtub with their arms in those types of positions … do they? By the way, cops should not automatically rule out things simply because they’re different. Still, in the bathtub with one hand aimed skyward and the other pointing to a tube of Preparation H, a clump of tangled bobby pins, and a tin of ear wax remover. Yeah, somebody moved this one.

– Rigor mortis can cause contraction of the muscles in the epidermis, which also causes goose bumps to appear.

– Hair and fingernails do not continue to grow after someone dies. The skin around them begins to recede after death, which gives the appearance that they’re still growing.

– Age, illness, ambient temperature, fat distribution, and physical exertion just prior to death can all affect the rate of rigor mortis.

 


MurderCon’s focus is homicide investigations!

The Writers’ Police Academy’s super-special event, MurderCon, features actual homicide investigation sessions in a first-ever, rare opportunity offered to writers. The material and venue are typically for law enforcement eyes only! For example …

David Pauly’s class:

Murder-Mayhem

This workshop deeply delves into Cause, Manner, and Mechanisms of death, Coroner vs. Medical Examiner systems, differences in legal terminology for murder, homicide, and manslaughter, as well as, the realities in death investigations that are equivocal in nature.

Physical, testimonial, and circumstantial evidence as introduced into the courtroom will be applied to death investigations. A case study of a very unique and rarely-seen murder by hanging, and the forensic evidence obtained from the physical autopsy will be presented during this detailed workshop. This presentation is a rare behind the scenes look and discussion of psychological autopsies, and when they are utilized in criminal investigations.

 

David Pauly retired from The U.S. Army Criminal Investigation Command as a Special Agent-in-Charge/Commander and Forensic Science Officer. He performed duties in over a dozen states, and frequently worked with local, state, and federal agencies. He also performed duties in Panama, South Korea, Afghanistan, Haiti, Kuwait, Saudi Arabia, Israel, Turkey, Sinai, Egypt, Canada, Guam, and Nigeria. He holds a Master of Forensic Science degree from The George Washington University and is currently the Director of Applied Forensic Science at Methodist University, Fayetteville, NC.

David graduated the FBI National Academy (Session 195), Canadian Police College – Major Crimes Course, Miami-Dade Police Department – Bloodstain Interpretation Course, and National Fire Academy – Arson Investigation Course. He is a Fellow of The American Academy of Forensic Science, and is a current, or past member of the International Association of Identification, North Carolina Chapters of the IAI and FBINAA, International Association of Bloodstain Pattern Analysts, North Carolina Homicide Investigator’s Association, The Vidocq Society, American Investigative Society of Cold Cases (AISOCC), and various other professional law enforcement and/or forensic science associations.


MurderCon’s 2019 Special Guest Speaker, Graham Hetrick, is the

star and host of the Investigation Discovery (ID) channel’s TV series, THE CORONER: I SPEAK FOR THE DEAD, now in its second season.

Graham Hetrick is a subject matter expert on drug abuse, child death and child abuse, organ tissue donation, violent crimes, medical legal death investigation, forensic methodology, and the grieving process. He has advanced training in blood pattern analysis, crime scene management, forensic sculpting, and shallow grave recovery.

Graham advises the news media and consults attorneys on the investigative process for cases facing litigation. He lectures widely on forensic autopsy, crime scene management, and critical thinking within the investigative process. He is an adjunct professor of forensics and human anatomy at Harrisburg University School of Science and Technology.

Over the last 35 years Graham has written and lectured on grief and loss recovery to the medical community, hospice groups and loss recovery organizations. He is also a motivational speaker for students and troubled youth who are trying to get control of their lives through a speech entitled “Doors.” Graham’s upcoming book explores improving the relationship between forensic evidence collection and organ tissue donation. His case studies are featured on the Investigation Discovery (ID) channel in THE CORONER: I SPEAK FOR THE DEAD, now in its second season.

Graham has served as the Dauphin County Pennsylvania Coroner since 1990. During his time there, he has supervised investigations of over 600 homicide cases, supervised the certification of over 13,000 deaths. He has also supervised the Forensic Science Internship Program for over six colleges and universities.

Since 2005, Graham, as an adjunct Professor of Forensics, teaches Crime Scene Investigation, Medical Legal Investigation, Introduction to Forensic Science, Forensic Case Studies, Human Anatomy, and Forensic Taphonomy & Human Identification.

Graham is the president of  the La Voz Latina Central, a bilingual newspaper serving six Central PA counties. He has been the president for the past seventeen years.

He grew up above a funeral home, with his father being the founder and owner of the Hetrick Funeral home in Harrisburg, Pa. and, from 1975 – 2003, Graham held the position of President and CEO of the family business, where he managed operations and developed after-care programs. The Hetrick Funeral Home is one of the first funeral establishments in Pennsylvania  to introduce funeral prearrangement.

In 2013, Graham was co-developer and consultant for Graham of Evidence, a TV pilot produced by A&E.


 

Reserve your spot today!

MurderCon Registration and Details

In the grand scheme of murder, knives and guns pale in comparison to the instruments death that are nearly invisible to the human eye.

Long before man shaped the first stone into a weapon, viruses and bacteria quietly killed humans and animals, paying no attention to high they struck down. These tiny but deadly organisms are capable of shutting down the body’s entire operating system, and they can and often do destroy every single organ in the body.

A terrorist attack involving deadly viruses and bacteria is a threat that looms over the heads of government officials. After all, a single, minute particle of either anthrax, botulism, tularemia, bubonic plague, ricin, ebola, and hantavirus, for example, can be easily cultured and multiplied many times over. And, this process can be performed in any home in the country with minimal time, training, and equipment.

How easy? Well, a potential terrorist could simply order a starter bug from a laboratory supply company (a reference lab), much like a reader orders a book from Amazon. The bug is shipped to the buyer as a freeze-dried sample in the regular U.S. mail, or with any of the other popular shipping companies.

New Picture (2)

Growth of anthrax on plate containing sheep blood agar – Dept. of Labor image

Of course, reference lab customers must have proper credentials to place an order for anthrax. However, packages could easily be intercepted by people with ill-intentions against the U.S. and its citizens. After all, how difficult would it be for a potential terrorist to gain employment in the biotech industry (new drug discovery)? This is a field that’s comprised of scientists from across the globe, experts who work with these bugs on a daily basis and sometimes with very little accountability, if any, in some instances.

Many of these science-folks come to the U.S. from other countries and would be virtually undetectable as terrorists until it was too late. And, if all else failed for the terrorist, they could find the bacteria in its natural environment, readily growing on dead plant material and/or in fresh water or rainwater.

Anthrax is caused by a spore-forming bacteria, Bacillus anthracis.

Anthrax lesion on the neck – CDC image

Humans can become infected through skin contact, ingestion or inhalation of spores from infected animals or animal products. Anthrax can be delivered as a powder, such as in the cases of the letters mailed to U.S. officials. However, a better, more deadly method of delivery would be in aerosol form. Once the bacteria are inhaled, the disease progresses so rapidly that, once the symptoms began to appear, it would most likely be too late to prevent the victim’s death.

Symptoms of anthrax contamination

Symptoms of anthrax contamination include, skin infections, fever, chills, fluid in the lungs, difficulty breathing, nausea, weight loss, fever, diarrhea, and abdominal bleeding. Contrary to the belief of some people, inhaled anthrax contamination is not contagious. It cannot be passed from one person to another.

Anthrax lesion on the forearm – CDC image

Anthrax study requires that the work be conducted in a Biosafety Level 2 laboratory (BSL 2 labs are required to have waste contamination equipment on hand). However, if the study is to be performed on anthrax in aerosol form, a BSL 3 lab is required (BSL 3 labs require testing in enclosed equipment with high-tech ventilation systems. Access is limited to only those working on current experiments).

A 2008 anthrax investigation involving aggressive interview tactics by law enforcement investigators led to a bit of public protest. Former FBI agent and behavioral scientist Clint Van Zandt and I were featured on NPR’s Talk of the Nation to discuss those tactics.

You may remember Agent Van Zandt from his involvement in high-profile cases, such as Waco/David Koresh, Timothy McVeigh, and The Unabomber. And, well, you know me …

*Above images – CDC.gov