Today we honor and pay tribute to the men and women who who gave their lives to preserve our freedoms.

I can’t think of anyone who’s more dedicated to supporting our military than Joe Bonsall and his fellow members of the legendary, Grammy Award winning Oak Ridge Boys—Duane Allen, William Lee Golden, and Richard Sterban. So please take a moment to view this special video/song recorded for the popular TV show Larry’s Country Diner. It’s a beautiful tribute, honoring the sacrifices made by so many, including Joe’s parents, so that you and I can live in The LAND of the FREE.

 “Sacrifice for Me” was written by our wonderful friend and longtime supporter of the Writers’ Police Academy, Joe Bonsall.

As always, my thanks to Joe for his unwavering, faithful support of our men and women in uniform. Joe’s love of our country is, and always will be, an inspiration. Thanks, too, for his parents and other members of the military—those serving today and in the past—for the incredible sacrifices they made … for us.


You can read more about Joe and his parents in his book G.I. Joe and Lillie. Be sure to have a box of tissues handy, though. Joe holds back nothing in this tale of romance, true and deep love, family, the horrors of war, and sacrifices. Lots of sacrifices. Joe’s incredible devotion to family and country transforms the written word to raw and pure emotion.

From the start of the Writers’ Police Academy over a dozen years ago, we’ve taken writers inside the typically closed world of law enforcement, forensics, EMS, and firefighting. We’ve introduced you to world-renowned experts. We’ve helped establish contacts between writers and experts, writers with agents and editors, and more. We’ve seen beginning writers grow, and we’ve seen seasoned authors expand their knowledge in ways that were once not possible.

It’s been a long and exciting journey, one that we’ve made together.

Our 2021 event, MurderCon, continues the tradition of delivering spectacular, unique classes. So without further ado … the fabulous 2021 lineup.

2021 Guest of Honor – Andrew Grant (Child)

Andrew Grant was born in Birmingham, England in May 1968. He went to school in St Albans and later attended the University of Sheffield where he studied English Literature and Drama. After graduation Andrew set up and ran a small independent theatre company which showcased a range of original material to local, regional and national audiences. Following a critically successful but financially challenging appearance at the Edinburgh Fringe Festival Andrew moved into the telecommunications industry as a ‘temporary’ solution to a short-term cash crisis. Fifteen years later, after carrying out a variety of roles—including a number which were covered by the UK Official Secrets Act—Andrew escaped from corporate life, and established himself as a critically-acclaimed author. He published nine novels under his own name, and in 2020 began a collaboration—writing as Andrew Child—with his brother Lee, to continue the internationally-bestselling Jack Reacher series.

He is married to novelist Tasha Alexander, and lives on a wildlife preserve in Wyoming, USA.

 

1. Rescue Your Characters from Sticky Situations: Fingerprinting Problematic Surfaces

Learn how experts process fingerprints on problematic surfaces, such as the sticky sides of various tapes, wet and/or textured surfaces, firearms, and more. Class includes instruction on forensic chemical processing and the use of powders and brushes to develop and capture prints. Attendees will receive training from one of the most knowledgeable experts in the field, who will lead the class in real-time, hands-on fingerprinting exercises using the kit supplied to attendees by Sirchie.

*All MurderCon attendees will receive the Sirchie kit in advance of the event!

Instructor – Andy Parker

Andy Parker has a Bachelor of Science degree in Criminology / Criminal Justice from Florida State University. He began his career in law enforcement with the Florida Department of Law Enforcement. After seven years with FDLE, he worked crime scenes, analyzed latent prints and footwear evidence for the Tallahassee Police Department. In 2002 he began work with the City-County Bureau of Identification in Raleigh NC. At CCBI, he has held the position of Latent Print Examiner, Latent Print Section Supervisor, Deputy Director in charge of the Identification Division, Deputy Director in charge of the Laboratory and currently is responsible for the Investigations Division.  He is a certified Latent Print Examiner with the IAI. Andy is also a graduate of the FBI’s National Academy.


2. “Spatter” or “Splatter?” Have You Written it Right, or Wrong?

Attendees will witness the real-time creation of various bloodstain patterns, and then learn to recognize each configuration and how investigators determine where an injury or bleeding event occurred.

Former FBI Special Agent David Alford, a founding member of the FBI Evidence Response Team, presents the key information to each type of design and shape, and how the volume of blood, amount of force, and directionality of the force can form consistent patterns while still producing individual flares to each stain.

Combining this incredibly detailed training with their own observations, the class will understand how bloodstain patterns tell a story. This session is certain to help your stories zing with realism, including correcting an often-misused term. Is it Spatter, or Splatter? One is appropriate. The other is not.

Short Story Contest – Bloodstain pattern posters will be provided to attendees, who will then arrange them in their own unique order to build a crime scene. Then, when the plot begins to thicken, use those mysterious details to write a short crime story of 500-800 words to be submitted to contest judges. Prizes will be awarded to the authors of the top three stories. Contest to be judged blindly. Participation is merely a fun exercise and is not mandatory.

Instructor – David Alford


3. Solving the Unsolvable: The Pandemic of Murder Cases Across the U.S.

With over 17,000 murders in the United States each year, and nearly 40% of the murders going unsolved, a quarter million unsolved murders remain in filing cabinets and databases across the country. As a member of the Vidocq Society that specializes in assisting law enforcement in solving the most complicated murder cases, the instructor details why cases “go cold” and how detectives can become more efficient and effective at solving the most violent and serious crimes committed in the United States.

Instructor – Dave Pauly.

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.


4. Case Study of the FBI

She had a lot going for her—living on the Presidio of San Francisco with a gorgeous view of the ocean, a husband in the US Army, two sons, and a good path forward. Little did she know, on one February day, people stood outside her front door waiting to kill her. When she opened it, she was shot seven times, beaten, and stabbed. If she’d had any hope of surviving the deadly encounter, those expectations were dashed when her attackers slashed her throat, from ear-to-ear.

This presentation is the story told by David Alford, the FBI agent who worked the case. You’ll see photos of the crime scene, and you’ll learn about the FBI investigation which took four years to unravel the convoluted details. Was the victim’s killer an upset boyfriend? Her husband, or his mother who was happy to “take care of her no-good daughter-in-law?” Were others involved? It took another six years to bring four defendants to justice.

The bloody crime scene was preserved the entire ten years, remaining much like it was found the night of her murder. The break in the case came during a call from Fort Worth, Texas, when a host of participants and witnesses relayed various pieces of information needed to solve the case, including a string of arsons, a heartless nurse and mother, a new wife, a box of money, a map from Germany, and sex games used to eliminate one of the witnesses. Truth is indeed stranger than fiction.

Instructor – David Alford


5. Criminal Homicide: Viewing a Murder Scene Through the Eyes of a Seasoned Detective

Acclaimed homicide detective Jeff Locklear takes the class inside the barriers of crime scene tape, to a place where only police and medical examiners are permitted to go. This is a rare opportunity for writers to learn insider details of investigating suspicious deaths, and to pick the brain of a highly successful homicide detective who’s solved hundreds of murders, including high-profile homicide cases featured in the national media.

Instructor – Det. Jeff Locklear

Detective Sergeant Jeff Locklear, a 22-year veteran law enforcement officer, currently works with the Fayetteville North Carolina Police Department as a homicide police specialist and training officer.

As a homicide detective he’s been involved with over 350 homicide investigations. He’s also investigated hundreds of violent felonies including rapes, robberies, aggravated assaults, and missing persons.

During his career he has responded to hundreds to death scenes such as suicides, homicides, accidental deaths, and natural and unexplained deaths.

Detective Locklear has conducted thousands of interviews of violent offenders, including cases featured on 48 hrs (The Kelli Bourdeaux murder), Swamp Murders, NCIS – The Cases They Can’t Forget: The Holley Wimunc Murder, Scorned Love Kills 2014, The Today Show, and numerous other news and media outlets, such as People Magazine and Time Magazine.

He’s a founding member of both the 2008 Fayetteville Police Homicide Squad and the 2016 Fayetteville Police Violent Criminal Apprehension Team (VCAT). In addition, he’s served as sheriff’s deputy , Forensic Technician, Patrol officer , Crimes against persons detective, homicide detective, gun and gang task force detective, and as a Violent Criminal Apprehension Team Detective.

Detective Locklear has presented cases workshops at a number of conferences and events, including the North Carolina Homicide Investigators Conference, North & South Carolina Arson Investigators Conference , Fayetteville State University (Criminal Justice), Fayetteville Technical Community College (Registered Nursing students), Methodist University, and more.

Having spent the majority of his career investigating violent crimes, Detective Locklear has a unique and vast perspective of being the first officer on scene, the Forensic technician processing the scene, the detective investigating the crime, and the detective whose task it is to track down and capture the suspects who committed the crimes. He’s a dynamic speaker who can “escort you” to a crime scene, “walk you” through what happened, “show you” who did it, and then “lead you” to where the suspect fled after committing the offense.

Detective Locklear is married and the father of three children.


6. Forensic Toxicology: Poisoners Throughout History

An entertaining and educational discussion of the history of homicidal poisoning from the days of early man, down to the present, with case discussions of real poisoners drawn from criminal history. Also discussed will be the psychology of the poisoner, and poisons used by writers in their fictional works.

Instructor – John Trestrail, the “Poison Detective”

John Harris Trestrail, known as “The Poison Detective,” is a practicing boarded toxicologist, and for many years, was a visiting instructor at the FBI National Academy in Quantico, Virginia, on the subject of murder by criminal poisoning.

Mr Trestrail is recognized internationally, as the foremost authority on criminal poisoning and murder by poison. For 33 years (1976-2009), he served as the Managing Director of one of the nation’s certified regional poison centers. He now serves as the Director of the Center for the Study of Criminal Poisoning.

Since 1990, Mr. Trestrail’s seminars on“Murder by Poison!” and “Poisoners Throughout History”, have been received with wide acclaim by audiences throughout the United States, Canada, Europe, and Asia.  Having presented over 300 seminars, he is a popular speaker.

As an expert consultant, Mr. Trestrail has served in many criminal poisoning investigations, to law enforcement and attorneys. He has been honored as a Fellow by the American Academy of Clinical Toxicology, and is a Diplomate, by examination, of the American Board of Applied Toxicology. Mr. Trestrail founded the Center for the Study of Criminal Poisoning, as well as the Toxicological History Society, and has been featured in multiple episodes on The Discovery ChannelThe History Channel, The Learning Channel, and PBS.

He was the project leader for the forensic research project that was able to resolve the key question in the famous British, 1910 Crippen murder case, using DNA comparisons with living exemplars, and took part in London, England, as a member of the research team, in the making of the PBS documentary “Secrets of the Dead: Executed in Error”, on this infamous poisoning murder case. He has been an active participant in the International Program on Clinical Safety, of the World Health Organization (WHO), working for the establishment of poison control services in the world’s developing countries.

Mr. Trestrail is the author of the pioneering book Criminal Poisoning: An Investigational Guide for Law Enforcement, Toxicologists, Forensic Scientists, and Attorneys, published by Humana Press, in 2000 (2nd edition in 2007). He is also one of the co-editors of the popular book Toxicology Secrets, published by Hanley and Belfus Publishers, in 2001. His third book The Poison Quiz Book(2nd Ed.), was published by McGraw-Hill, in 2006.

Graduating with honors, Mr. Trestrail obtained a B.S. degree in Pharmacy, from Ferris State University, Big Rapids, Michigan, in 1967, where he was initiated into Rho Chi (Pharmaceutical Honor Society). In 2010, he received the Ferris State University’s “Distinguised Alumnus Award”.  From 1967-1968, he attended graduate school, at the College of Pharmacy, The Ohio State University, Columbus, Ohio, majoring in natural product chemistry. Mr. Trestrail’s public service experience was as a Volunteer with the United States Peace Corps, from 1968-1970, where he taught chemistry at the University of the Philippines College of Agriculture, in the Republic of the Philippines.

He is a member of the following professional organizations:

  • American Academy of Clinical Toxicology (AACT)
  • American Association of Poison Control Centers (AAPCC)
  • North American Mycological Association (NAMA) [Life Member]
  • Toxicological History Society (THiS)

7. Forensic Botany: Utilizing Plant Evidence to Solve Crimes

Forensic botanical evidence is relevant in high‐profile criminal casework and in circumstantial cases where little other evidence is available. When requested to assess the value of botanical evidence, a myriad of questions typically arise. A discussion of available scientific methods follows to establish how best to classify, identify, individualize, database and utilize this unique form of biological evidence. Case examples are often the best method for visualizing applications and fostering discussion with investigators. Two of the most fascinating cases I have been asked to participate in include a John Jay University student homicide where plant seed evidence was associative to the body, vehicle, and defendant (People of the State of New York v. Darryl Littlejohn); and an outdoor crime scene and clandestine grave where placement of botanical evidence and weather conditions were key controversial evidence regarding criminal intent and premeditation (State of Kansas v. Luis Aguirre).

Instructor – Dr. Heather Miller Coyle

Heather Miller Coyle is an Associate Professor in the Forensic Science Department at University of New Haven, a small private University located in West Haven, CT. She obtained her B.S. in In Vitro Cell Biology from State University of New York –Plattsburgh in 1986 and her Ph.D. in Plant Biology from University of New Hampshire in 1994.

Her work experience includes employment in the pharmaceutical industry (Boehringer Ingelheim Pharmaceuticals; Ridgefield, CT) and the DNA unit of a forensic science laboratory (Division of Scientific Services; Meriden, CT). She is also a private consultant for DNA review and independent quality control of forensic laboratory casework on request and is court qualified to testify in six states and federal court.

Dr. Coyle’s research interests focus on touch DNA cases, trace biological evidence and DNA quality control issues. She is a science and technical writer who has published numerous scientific and technical peer-reviewed journal articles both independently and with University of New Haven student research projects.

She is also the editor of a textbook on Forensic Botany and a separate textbook on Nonhuman DNA; both relate to criminal casework and use of scientifc methods. Her consulting on botanical evidence includes assessment of cases such as the homicide of Imette St. Guillen (People of the State of New York v. Darryl Littlejohn), a double homicide with an outdoor crime scene excavation (State of Kansas v. Luis Aguirre), and the St. George’s County homicides (State of Maryland v. Jason Scott).


8. Mantracking: Hunting Humans

With thousands of fugitives going on the run each year it takes a dedicated, persistent, and competent “tracker” to locate and successfully return the most violent and dangerous felons to law enforcement to stand trial for their crimes. Taught by a world-renowned tracker, this session will provide details to add to your one-of-a-kind story.

Instructor – Kyt Walken

Kyt Lyn Walken serves as an official representative of Hull’s Tracking School and is the first female mantracking lead instructor at a U.S. school based in Europe. In Poland, she received instruction led by C.R.O.W. (Conservation Rangers Operations Worldwide Inc.) and was certified as a Wildlife Conservation Ranger.

Currently, Kyt hosts and teaches “ManTracking” courses across Europe, collaborating with Survival Schools, S.A.R. Groups, and with Ballistic Experts. She is proficient in Tactical Tracking, Anti- and Counter-Tracking, Strategic Movement, and Deceptive Techniques.

Kyt has trained Slovenian, German, and Italian Law Enforcement Officers, and members of Special Forces. She is a regular feature writer for prestigious US and UK based webzines whose focuses are Survival, Off-grid Living, and Prepping.

Recently Kyt has been entitled Directora de la Escuela de Rastreo Umano Carcayú (Director of the Umano Carcayú Tracking School) – Spain.

She is author of the Manuals “The Importance of Being a Tracker”, “The Urban Tracker”, “Tracking Compendium”(with Andy Martin) and “Jungle Warriors: The SAS In Malesia and Borneo,” available in English and Spanish.


9. Carolina Homicide: Case Studies of the South

Southern charm can be inviting, warm, and welcoming, but it can also have a dark side. Taught by one of the south’s finest detectives, Jeff Locklear, this session offers rare insight into homicides committed in the All-American City—Fayetteville, NC.

Nestled next to Fort Bragg, home of the Airborne Special Forces and Delta-Force, Detective Locklear and his fellow investigators have their hands full working cases that easily rival those of The Big Apple.

Instructor – Jeff Locklear


10. Forensic Entomology: Utilizing Insects in Criminal Investigations

Insects that inhabit human tissue in postmortem situations can play a valuable part in death investigations. In this class, taught by one of the world’s leading forensic entomologists, you’ll learn how experts use medicocriminal entomology to help determine time of death, establish the geographical location where a death likely occurred, link suspects to victims, and even offer a different source of toxicology and DNA evidence.

Instructor – Jason Byrd

Jason H. Byrd, Ph.D., D-ABFE, is an associate professor within the University of Florida Department of Pathology, Immunology and Laboratory Medicine and the associate director of the William R. Maples Center for Forensic Medicine.

In his capacity as a professor, Dr. Byrd directs programs in veterinary forensic sciences, wildlife forensic sciences, and forensic medicine. He has combined his formal academic training in entomology and forensic science to serve as a consultant and educator in both criminal and civil legal investigations throughout the United States and internationally.

Dr. Byrd specializes in the education of law enforcement officials, medical examiners, coroners, attorneys and other death investigators on the use and applicability of arthropods in legal investigations. His research efforts have focused on the development and behavior of insects that have forensic importance, and he has more than 20 years of experience in the collection and analysis of entomological evidence. He has also published numerous scientific articles on the use and application of entomological evidence in legal investigations.

Outside of academics, Dr. Byrd serves as a medicolegal death investigator within the National Disaster Medical System, Disaster Mortuary Operational Response Team, Region IV. He also serves as the commander for the Florida Emergency Mortuary Operations Response System.

Dr. Byrd is a Board-certified forensic entomologist and a diplomate of the American Board of Forensic Entomology.  He was the first person to be elected as president of both the American Board of Forensic Entomology and the North American Forensic Entomology Association.  He has also served as President of the International Veterinary Forensic Sciences Association and subject editor for the Journal of Medical Entomology.  Dr. Byrd is also a fellow of the American Academy of Forensic Sciences.


11. Committing the Perfect Murder – an interactive discussion of not getting caught

Modus operandi, Motive, Signature, Trophy, and X-factors are intriguing concepts to consider when writing the perfect plot. But pulling off the perfect crime is rarely accomplished by even the most prolific and intelligent of offenders. Attend this special session to discuss how to conceptualize the perfect murder!

Instructor – Dave Pauly

 


12. Trivia “Myth Busters”

Test your CSI and forensics knowledge. Is the information you see on television and film correct? How accurate is the crime scene technology, evidence processing, and police procedure seen in crime fiction? This informative panel discussion and Q&A will “bust” all common myths, mistakes, blunders, and gaffes.

A must-attend session designed to help writers eliminate embarrassing missteps in their stories.


Each registered attendee receives an official mini Fingerprinting Kit from Sirchie. The kit is to be used during the session called “Rescue Your Characters from Sticky Situations: Fingerprinting Problematic Surfaces,”
an interactive session taught by Andy Parker, a certified Latent Print Examiner with the IAI. Andy is also a graduate of the FBI’s National Academy.

Registration is open.
Seats at this virtual event are limited and are available on a first-come, first-served basis.
*Please direct questions to Lee Lofland at lofland32@msn.com.

Sponsors, The Heroes that help make it all happen. You can too!

The Writers’ Police Academy needs your support!

Each year we rely on sponsorships to help offset the huge costs associated with the high level of programming we offer. Sponsor dollars also assist in maintaining affordable registration fees for writers at all stages of their careers.

Yes, sponsoring the Writers’ Police Academy is a worthy cause, but it’s also a wonderful opportunity to showcase your books and other products through the WPA’s unique far-reaching worldwide community of thousands upon thousands of writers, readers and fans, television and film writers. There’s also the potential to reach audiences not typically within an author’s fanbase, such as the over 700,000 law enforcement officers in the U.S. alone. In addition are forensics experts, attorneys, firefighters, corrections officers and staff and, well, the list is practically endless. The Writers’ Police Academy is the ultimate means of developing previously untapped sources of customers and readers.

Sponsorships are also a vital part of helping the Writers’ Police Academy continue with its unwavering commitment to aiding writers in their quest to write “killer” fiction.

So won’t you please join us as a 2021 sponsor? I’d deeply appreciate it!

Several levels of sponsorship are listed on the MurderCon website. They range from the Hero Level to friends of the WPA at the other end of the spectrum. No amount is too small or too large, and every single dollar is much appreciated and very much needed.

The list of sponsorship levels and benefits is available on the WPA “Become a Sponsor”page. There, you may also select the level of your choice and then and submit the corresponding dollar amount via PayPal. Or, payment by check is also welcome.

Sponsors are featured and promoted on the WPA/MurderCon sponsor page, on social media throughout the year, and on this blog, The Graveyard Shift.

Please contact me with your questions at lofland32@msn.com

The Writers Police Academy, and the writing community, wish to extend a deep and heartfelt “Thank You” to each of our generous supporters. Without you, dear friends, this celebrated event would not be possible.

A Confidential Informant (CI) is a person who, while acting under the direction and control of a law enforcement handler(s), sometimes plays a participatory role in a criminal investigation. Since CIs are typically known to be involved in criminal activity or are associated with criminals, they’re in the unique position of having the means to provide solid insider information that’s extremely useful to investigators. In exchange for their services, informants generally seek something of value, such as financial gain/cash payment, or a reduction or dismissal of pending criminal charges.


NOTE – Police officers do not have the authority to reduce or dismiss criminal charges. It is the prosecutor, or Court, who has the authority to do so.


Confidential Informants (CIs) are typically used to supply probable cause for the issuance of search warrants, or to justify an arrest. Therefore, it’s an important part of policing to seek and develop criminal intelligence through the use of confidential informants.

For their safety, informants highly prefer to remain anonymous. Protecting an informant’s anonymity can pose problems for prosecutors because the 6th Amendment’s Confrontation Clause guarantees criminal defendants the opportunity to face their accuser(s) in the case(s) against them, and to dispute the witnesses’ testimony. Therefore, it’s always best to build a criminal case on evidence that doesn’t solely rely on an informant’s contribution. However, many times cases are dependent on the evidence supplied by informants. More on protecting an informant’s anonymity in a moment.

When using confidential informants officers must consider:

  • The risk that a CI could violate an individual’s rights.
  • CIs are not trained law enforcement officers, legal authorities, etc. Therefore, they may, unknowingly, intrude upon privileged communications, which could lead to a compromised investigation.
  • The character and motivation of the CI. Is he/she involved in the matter under investigation and is using his role as a CI to shift the blame.
  • Has he/she proven to be reliable? Is there a means to verify information which he/she provides.
  • There must be a means for police to control the CIs activities when he/she is acting on their behalf.
  • Is it possible to ensure that the CI’s actions are consistent with his instructions and the law?
  • Is the value of the information provided by the informant worth the reward sought by the CI?
  • When a CI acts according to instructions provided by the police, then the CI’s actions are governed by the same laws and standards was if they were a police officer. Simply put, in certain circumstances they’re an agent of the police.

The business of utilizing CIs should be well-documented. In my former departments, each CI submitted biographical and other background information, such as criminal history, known associates, etc. Also included in their file was a current photo of the CI, list of vehicles driven/owned, and a signed copy of the “Informant Conduct Agreement.”

If the CI was on probation or parole, the detective/officer  was responsible for notifying the appropriate probation or parole officer to alert them of the CI’s agreement to help the police.

The CI’s file was sealed and maintained in a secure location. To ensure anonymity, each CI was assigned a number and alias that was to be used on all records in place of their actual names. Numbers were used to identify CIs in all reports and paperwork, including affidavits for search warrants.

Itemized records were kept for all expenditures such as “buy money” and payments made to CIs. CIs were required to sign receipts/distribution of funds when receiving payment for services.

Buy money is cash provided by the handler to CIs that’s used to purchase evidentiary items , such as illegal drugs. These purchases are called “controlled buys,” and they go something like this:

  • The CI meets with his handler and says, “Rocky’s holding a few kilos of coke and said he could let me have one for 28.” The handler calls her supervisor who agrees to the deal. He, along with a second supervisor who serves as a witness, prepares the necessary paperwork and then pulls the $28,000 from the safe. The detective signs for the cash and tells he informant to call the suspect to arrange the drug sale. The call is recorded on video and audio.
  • Cash used for drug deals is marked, meaning serial numbers are recorded. The reason police use currency with pre-recorded serial numbers is to prove that the money in the seller’s pocket at the time of his arrest later in the day is the same money police gave to the CI.
  • Detectives often equip the informant with a body wire to record audio of the transaction. Sometimes a covert camera is used to video the buy. Covert cameras can be disguised as practically any object imaginable, from a ball cap, to a pen, to a button on a shirt, and everything between. The list is nearly limitless.
  • An undercover officer may accompany the CI to the meeting with the dealer. Most of the time, though, the CI is on his own. However, officers often maintain surveillance of the area from unmarked vehicles, such as fake utility vans, delivery vehicles, etc. Undercover agents might be nearby in the event something goes wrong, or if the intention is to raid the place after the sale is complete.
  • The deal is done, and if all goes well, and it should, the informant meets detectives to hand over the recently purchase drugs. The officers again conduct searches of the CI and his vehicle.
  • If the suspect is arrested immediately after the sale, police search him to confirm that any cash discovered includes the marked money.

To protect the CI’s identity, it’s best to wait until several transactions by a variety of “customers” are witnessed at the drug house before raiding the place.

As mentioned above, when all is a said and done, the drug seller will have his day in court, and it is the 6th Amendment that guarantees criminal defendants the opportunity to face their accuser(s). Meaning that defendants have the right to confront the folks who said they committed an illegal act, such as selling cocaine.

In the case of a CI, though, there are protections in place to help preserve their anonymity.


“The identity of one providing criminal information to the prosecution is generally considered privileged, to further effective public law enforcement. Webb v. Commonwealth, 137 Va. 833, 120 S.E. 155 (1923); Roviaro v. united states, 353 U.S. 53 (1957). A defendant’s need to learn the identity of the CI must be weighed by the court against the government’s need to maintain confidentiality in the particular case, taking into account the crime charged, the relevance of the CI’s prospective testimony, and other factors. It is a case by case analysis.” ~ Commonwealth’s Attorney’s Drug Prosecution Manual


Prosecutors typically have privilege against disclosure of a CI’s identity. Still, defense attorney’s know that pressing again and again for the identity will sometimes force a prosecutor to nolle prosequi the case (basically, drop the charges) rather than “give up” the CI.’s identity. Hey, it works, sometimes, if the judge leans toward the side of the defense.

I once had a case where I used a couple of CIs to purchase cocaine from several dealers. One of those dealers was a major player who supplied large quantities of cocaine to other dealers.

She was convicted of distribution of cocaine and sentenced to serve 15 years in prison. At her sentencing hearing I was called to testify about her extensive history of maintaining a significant drug operation that included buying, transporting and selling large quantities of cocaine and other drugs. Part of my testimony included information obtained from reliable confidential informants.

On appeal, her attorneys demanded that I provide the names of the informants. The appellate court ruled that disclosure of their identities was not required because the informants were not participants in the events which led to the defendant’s convictions, but were only witnesses to previous criminal activities.

The conclusion:

Her conviction was constitutional under the 5th, 6th, and 14th Amendments, and the identities of the informants was not required. Conviction Affirmed.


FIREPLACES

When uses CIs in criminal cases, it’s important to understand their motivation for wanting to help police. Knowing why they do what they do helps police better manage and understand their vulnerabilities. “To address this, Ian Stanier and Jordan Nunan of CREST have developed a new mnemonic, FIREPLACES: Financial, Ideology, Revenge, Excitement, Protection, Lifestyle, Access, Coercion, Ego, and Sentence.

F — Financial: Includes the receipt of monetary reward or in-kind payment (i.e. payment of rent, tools, vehicles, phones, clothes).

I —  Ideology / Moral: Information is provided about a person or group who possess ideas or beliefs at odds with those held by the informant (i.e. drug dealing or terrorist tactics).

R — Revenge: Information is provided to harm or place another in a detrimental position (i.e. arrested) in response to a previous injury or perceived wrongdoing (i.e. as a result of an acrimonious breakup of a personal or criminal relationship).

E — Excitement: Undertaking the role of an informant offers the individual a feeling of excitement, eagerness, or arousal.

P — Protection: Passing information to authorities to protect the informant from persons or networks threatening them, their criminal enterprises, or family. The cooperation aims to provide information that encourages police action to diminish this threat.

L — Lifestyle: The role played by the informant provides the individual with an enhanced lifestyle, either as a consequence of deployments and/or payments.

A — Access: The informant relationship provides an opportunity for counter-penetration to identify agency interest in offending networks and associates. This may include deliberate infiltration by criminals to understand the nature of police tasking and levels of interest in their or their competitor’s criminal enterprises.

C — Coercion: Information is provided to avoid carrying out a threat made by an official (i.e. the threat of deportation; being prevented access to or from a country; or blackmail after being caught in compromising situations).

E — Ego: Undertaking the role of an informant enhances the individual’s self-esteem or self-importance. Where this ego starts to impact the veracity of provided information, these are sometimes colloquially known as ‘Walter-Mitty’ informants.

S — Sentence: Information is shared to mitigate the length of a likely forthcoming prison sentence or release from detention.


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Confidential Informant – a person who provides information to police about criminal activity.

The FBI, of course, conducts undercover operations, as needed, and they do so when such operation appears to be an effective means of obtaining evidence. The same is true for local and state agencies.

However, the FBI, as with other federal agencies, are held to tighter control, rules, and regulations as related to UC assignments. Small and basic details, such as the use of a confidential informant requires adhering to the strict guidelines as required by the Attorney General’s Guidelines on Use of Informants and Confidential Sources. And, believe me, this document is detailed and lengthy.

Even their definition of a confidential informant is a bit wordy.

“ConfidentiaI lnformant” or “CI”‘ – any individual who provides useful and credible information  regarding felonious criminal activities, and from whom the JLEA (Justice Law Enforcement Agency) expects or intends to obtain additional useful and credible information regarding such activities in the future.”

Once a person is selected and approved (more on this below), agents may not reveal the CI’s identity at any time, unless they’re obligated to do so by law or Court order. The rule holds true even when the agent involved in the undercover operation leaves the department for whatever reason—transfer, retirement, etc. Keep in mind that law enforcement cannot guarantee that their name will not be divulged. They’ll do all they can to protect their confidentiality, but if ordered by the courts to reveal their names, they must abide.

According to the FBI, before their CI may be put to use, several factors must be examined, such as the informant’s “age, alien status, whether the person is a public official, law enforcement officer, union official, employee of a financial institution or school, member of the military services, are presentative or affiliate of the media, or a party to, or in a position to be a party to privileged communications, a member of the clergy, a physician, or a lawyer.”

In addition, the JLEA must examine “the extent to which the person would make use of his or her affiliations with legitimate organizations in order to provide information or assistance to the JLEA, and the ability of the JLEA to ensure that the person’s information or assistance is limited to criminal matters.”

Other factors of consideration include, “the extent to which the person’s information or assistance would be relevant to a present or potential investigation or prosecution and the importance of such investigation or prosecution.”

Is Becoming a CI a “Get Out of Jail Free” card?

 

And, “the nature of any relationship between the CI and the subject or target of an existing or potential investigation or prosecution, including but not limited to a current or former spousal relationship or other family tie, and any current or former employment or financial relationship; the person’s motivation in providing information or assistance, including any consideration sought from the government for this assistance; the risk that the person might adversely affect a present or potential investigation or prosecution; the extent to which the person’s information or assistance can be corroborated; the person’s reliability and truthfulness; and the person’s prior record as a witness in any proceeding.”

Furthermore, it must be first determined as to “whether or not the person has a criminal history, is reasonably believed to be the subject or target of a pending criminal investigation, is under arrest, or has been charged in a pending prosecution; whether the person is reasonably believed to pose a danger to the public or other criminal threat, or is reasonably believed to pose a risk of flight; whether the person is a substance abuser or has a history of substance abuse; whether the person is a relative of an employee of any law enforcement agency” … and on and on and on it goes.

Other factors to consider when using CIs in your tales

When making the decision to use a confidential informant, officers must consider the risk of physical harm that could occur to the person or his or her immediate family and/or friends. Nothing is worth the risk of harm to a private citizen.

And …

  • What’s the CIs motive? Perhaps revenge for an act committed against them? If so, is it likely the CI may fabricate or plant evidence?
  • Is the CI a truthful person? Yes, even crooks tell the truth at times. Simply because they sell drugs doesn’t meant they’ll lie about it when asked. Hey, it happens.
  • Serving as a CI does not grant them the authority to engage in illegal activity.
  • They are not considered as employees of the government or local agency.

Finally, a word about entrapment.

Entrapment occurs when a law enforcement officer implants an idea into the mind of a person who would typically not otherwise commit the offense, and then encourage the commission of that offense in order to prosecute the individual.

By the way, it’s Probable Cause, NOT Probably Cause. Yes, I see and hear this (probably cause) quite often.

*Coming Monday May 24, 2021 – “Informants: Who’s in Your Fireplace?”


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The murder trial for Cristhian Bahena Rivera, the man accused of murdering Iowa college student Mollie Tibbetts in July 2018, opened today. Prosecutors say blood found on the trunk of Rivera’s car, and DNA recovered from trunk lining both matched that of Tibbetts’ body. Autopsy reports indicate she had been stabbed from seven to 12 times in the chest, ribs, neck and skull. Tibbetts died from sharp force injuries.

During the weeks after Mollie disappeared, numerous unsubstantiated tips poured into a law enforcement call center set up to handle and screen reports. A few “less than precise” media sources reported totally untrue details of the case, with one claiming they had inside information that the person responsible for Mollie’s disappearance attended a vigil for her, and had closely followed the case. But, as with most criminal cases, police conducted their investigation out of the eyes of public, all while gathering evidence. Those uncorroborated media reports were quickly dispelled by police.
 
In August of 2018, Greg Norman, a reporter for Fox News, contacted me for my opinion regarding the investigation into Mollie Tibbetts’ disappearance. Norman wanted to know why the police provided few, if any, case details to the public. And, what sort of items were likely sought as evidence?

Here’s my response.

Fox News, August 16, 2018 – Lee Lofland, author of the book ‘Police Procedure and Investigation’ and founder of the Writers’ Police Academy, told Fox News that what investigators are doing now is sort of like playing poker.
 
“The idea is to not show your hand until the last card is dealt and all bids are in,” he said. “Otherwise, the criminal, who is well aware of the details of the act, could call their bluff and literally get away with murder. That, and have dozens of people confessing to the crime merely to see their names on national news.”
 
Lofland also said “the unsuspecting criminal, no matter how careful” will take material away from a crime scene, whether it’s “carpet fibers buried in the tread of a shoe, DNA transferred to the suspect from an item only found in the apartment belonging to the victim, a unique plant seed stuck to the gas pedal of the suspect’s car, and so on.”
 
He believes it’s “quite possible that police have in hand one of those—a tiny bit of evidence that would or could place a kidnapper or an accomplice in one of the five or six areas police have identified as locations of interest in the case of Mollie Tibbetts’ disappearance.
 
“Keep in mind, though, there may be other areas they’re keeping to themselves in hopes the suspect will relax, thinking police are not closing in, when in reality the net is slowly and methodically tightening as clues are revealed,” he added.

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Due to the passing of our daughter, Ellen, I will be out of the office for another week. Denene and I need time to ourselves to process this heartbreaking and devastating loss. I cannot begin to express how much I miss her. Ellen was a Daddy’s girl.

I thank everyone who’s reached out to me to express condolences and other kind words. I’ve read each comment posted to social media, both public comments and private messages. Actually, I’ve read them more than once. Your words provide comfort during these difficult days. Emotions have not yet allowed me to respond, but please know that I deeply appreciate the love and support.