The purpose of this chapter is to provide the homicide investigator/detective with flexible guidelines to follow in the preliminary investigation of death. The principles set forth in this section are intended to help the detective and chief investigator at the homicide crime scene to systematically check and review all the facts applicable to the investigation.

Many times over the years I have heard the expression how "luck and chance" played a significant role in the successful conclusion of a case. However, I believe that luck and chance are the residue of design and established protocol. The tactics, procedures, and forensic techniques within this text are designed to elucidate the elements of good fortune.

I believe that the professional investigator creates his or her "luck and chance" through the systematic application of basic time-proven and traditional investigative methodologies utilized by law enforcement agencies throughout the years, coupled with an appreciation for and an understanding of the advances in forensic science as well as its application to the investigative process.

This chapter will cover the sequence of events, starting with the initial notification to the detectives that a homicide has occurred, and then proceed chronologically through the investigative duties and direction of activities at the scene, including direction of uniformed personnel, interview of first officers, interview of ambulance personnel, handling curious onlookers and witnesses at the scene, the canvass, and the preliminary medical examination. Subsequent chapters will address the specific investigative methods employed at the scene. However, this preliminary phase of homicide investigation is the most critical and deserves special attention because it sets the tone for the entire investigation.

In Practical Homicide Investigation®, I describe the duties of homicide investigators as follows:

Observe

Describe

63

Record (note taking, photography, video tape, sketch, Polaroid or digital camera shots, tape record, describe for the record, and obtain any interviews or statements) Collect

Initial Receipt of Information

Homicide investigation is probably the most exacting task confronting the criminal investigator. It begins with the initial notification that a homicide has occurred.

Investigators are rarely the first officers at the scene of a homicide. The body is usually discovered by friends, relatives, or citizens, who in turn notify the police or call for an ambulance. The notification to detectives or investigators is usually made through department channels.

The response of the homicide investigator and detective supervisor must be methodical. In order not to overlook the obvious, the most basic details should be recorded. I recommend that the investigator start a separate steno pad or notebook for use in each homicide investigation. The first entry should be the receipt of information that a homicide has occurred, including

Date and time of notification

Method of transmission, e.g., telephone, radio, or in person

Name, rank, shield number, and other data identifying the person reporting the information to detectives

Complete details of the information and event

Many times, from a false sense of urgency and/or a desire to take immediate action, investigators will get caught up in the excitement or confusion that often permeates the homicide crime scene. Subsequently, they may lose the "cool, calm, and detached" projection necessary to assume control and initiate the investigation. A good thing to keep in mind is that the deceased is not going anywhere and, more important, that the patrol officers are already at the scene taking preliminary action.

Prior to leaving for the scene, the investigator should instruct the person notifying him or her that patrol officers at the scene should

Preserve the crime scene

Hold all witnesses and/or suspects

Avoid using telephones located within the crime scene

Initiate a personnel log accounting for all activities at the scene, including identification of all persons who have had access to the scene

Record the license numbers and vehicle information of all autos in the area of the crime scene (if applicable)

Figure 4.1 CRIME SCENE UPON ARRIVAL OF DETECTIVES: VICTIM DEAD. This photo was taken immediately upon the arrival of detectives at the scene. This crime scene was in a heavily populated inner city location, which is not conducive to establishing a large perimeter. However, uniform officers had cordoned off an area around the body to preserve the scene. Emergency medical personnel covered the body with a sterile sheet from the ambulance after pronouncing the victim dead. It is also a good procedure to obtain pictures of the people in the crowd. Often witnesses to the event, including possible suspects, will be watching the police activities at the scene. Usually upon arrival of the investigators, who may recognize some former "clients," these folks disappear. If their pictures have been taken, you may be able to identify or locate persons of interest. (From the author's files.)

Arrival at the Scene

When the investigator arrives at the scene, he should note the following:

Time of arrival

The exact address of the scene

Persons present (officers, ambulance or medical people, relatives, friends, etc.)

The condition and position of the body (personally verify death; see Chapter

2 section, "First Officer's Duties on Arrival at the Scene")

Information concerning death

Weather conditions (The simplest and best way to obtain certified weather records is from the National Climatic Data Center, located in Asheville, North Carolina, 828-271-4800 or www.ncdc.noaa.gov/oa/ ncdc.html.) Outside lighting conditions in nighttime situations

Points of observation (locations where prospective witnesses or persons such as the local busybody could have observed what happened)

Possible video surveillance locations such as banks, ATM machines, supermarkets or malls, parking lots, and other locations, which now routinely employ video surveillance for security or public safety.

Preliminary Steps to Be Taken by Detectives upon Arrival — Checklist

Upon arrival, ascertain boundaries. Do not move blindly into an area. (Confer before acting.)

Decide how to approach the scene. Consider paths of entry and exit. (Confer with first officer or detective.)

Conduct the initial survey. (Remember to have the first officer escort you.)

Use this opportunity to develop a mental image and "absorb the crime scene."

Ascertain whether fragile evidence is present. (Assure collection of these items.) Prior to any crime scene process, take "work photos" to limit scene intrusion. Digital or Polaroid cameras can be used. Record ambient temperature.

In addition, the investigator should stop and observe the area as a whole, noting everything possible before entering the actual crime scene for the detailed examination. Only the investigator and detective supervisor should enter the homicide crime scene — of course, with the exception of the first officers and even then only to confirm death and observe scene conditions.

Homicide investigators must be certain to record the time and place of events and any measurable evidence. It takes only a few moments of the investigator's time to record this information, which may prove vital to the investigation. Basically, there are three reasons for this emphasis on preliminary note taking:

1. The question of time is frequently the first subject covered in a cross-examination. If the investigator cannot be sure of the time of events, he or she may lose credibility on the rest of the testimony.

2. The subject of time may very well be the basis of an alibi.

3. Note taking forces the investigator to slow down. It thereby sets a calmer tone for subsequent events at the scene and also causes the investigator to pay attention to details in order to record them in the notebook.

A procedure I have found effective is to photograph the crime scene upon arrival to record the conditions as I arrived. This can be done with a digital or Polaroid camera, available at the homicide office and maintained for crime scene use, or with an Instamatic camera, which can be carried in your pocket for ready use at any time. I find the digital camera with built-in flash device the most effective

Figure 4.2 PROPERLY PREPARED CRIME SCENE. This photo depicts a crime scene which has been properly prepared by the responding patrol officers. The victim had been killed in a field off a major highway in the Bronx. The patrol officers cordoned off the entire field surrounding the body, which resulted in the retrieval of crucial evidence in and around the body, including a suspect's shoeprints. (From the author's files.)

because of its convenience, its simplicity, and the ability to view your pictures immediately at the scene. A photo taken at this point is a priceless record of how the crime scene appeared when the first detectives arrived.

The Crime Scene Unit or police forensic photographer will take any number of photographs of the homicide crime scene, which will be submitted into evidence for the prosecution. However, those first pictures taken before the arrival of additional personnel and supervisors usually prove to be quite valuable.

Describing the Scene

A complete description of the dead body and the surrounding area, covering the following items, should be entered in the notebook of the investigator upon arrival. (Although some of the points I have listed may seem quite obvious, I can assure you from my experience that the obvious is sometimes overlooked, especially during this initial phase, as you attempt to cover all the bases.)

1. Record sex, appearance, age, build, color of hair of the deceased and a description of the deceased's clothing.

2. List evidence of injury and apparent cause of death.

3. Are the bloodstains wet or dry?

4. What is the condition of the body (lividity, rigor, etc.)?

5. Describe the color of the blood (bright red or brown).

6. Note any tears in clothing and evidence of gunshot or stab wounds.

7. Carefully examine the hands. Are there any wounds or a weapon?

8. Note whether there is any jewelry (rings, watches, gold chains, etc.). If there is no jewelry, make a negative notation. Defense attorneys have been known to resort to dirty tactics during trials. If they can make you look like a thief to discredit your testimony, they will do it.

9. Describe the immediate surroundings. (See Chapter 7.)

a. Note position of body in relation to articles in the room.

b. Note doors, windows, furniture, etc.

10. If a weapon is nearby, take detailed notes. Do not handle.

11. Look for bullet holes or fired shells. Note: do not collect at this stage of the investigation. (See Chapter 8.)

12. In poison and drug-overdose cases, note presence of drugs, bottles, or glasses.

Implementing Crime Scene Procedures

The first thing the investigator should do after confirming death is to take charge of the crime scene. In the absence of the detective supervisor, the homicide detective is responsible for the professional investigation, of which the preliminary investigation at the crime scene is the most important and sensitive aspect. When I instruct my classes, I always remind the detectives in attendance to practice what I call "crime scene etiquette." Basically, as a detective, you are there to reinforce the first officer's duties and assure crime scene protection. Yet, at the same time, you want to take charge in a manner that encourages cooperation and teamwork.

A simple expression such as, "Hi, I'm detective so and so and I assume you are the first officer. Could you please give me a quick briefing and then show me what we have and assure that I don't disturb anything?" Who could get mad or be put out with that introduction? You have already acknowledged that the first officer is in charge. You are about to assume responsibility for the investigation. You have deferred to the first officer's official position and acknowledged that he or she has the most current information on the event and have indicated by stating, "show me what we have" that everyone present is working on the case.

At this point, you are present to evaluate the entire crime scene and surrounding area.

You may decide to expand the perimeter.

You may decide to add additional scenes.

You may cause the immediate collection of evidence.

Therefore, extreme care must be exercised to preserve and protect the scene because even the smallest detail can suddenly assume vital importance in the case. Failure to implement proper crime scene techniques may irreparably damage the investigation. I have found that the best course of action is to treat each dead-body call as a criminal homicide until the facts prove differently.

If the crime scene is outdoors, a wide area surrounding the body should be cordoned off for later systematic examination. The patrol officers should be directed to isolate the body and secure the immediate surroundings from all persons.

If the crime scene is indoors, the job of securing the location is relatively easy to accomplish. It may be as simple as closing the door. The biggest problem is removing unauthorized persons from the scene. The investigation should begin with the walkway and front entrance to the structure. These areas and the location where the body lies should be considered part of the scene and appropriately secured.

The homicide detective should determine what areas are to be included or excluded from the crime scene and decide whether the homicide involves multiple scenes. (See Chapter 1 and Chapter 2.)

I remember responding to a particularly vicious incident in which the victim, a young newspaper delivery girl, was repeatedly stabbed and assaulted during a sex attack on a roof landing. Upon arrival, I was informed by the patrol supervisor that the crime had taken place on the roof landing and that an officer had been assigned to safeguard the scene. Having been a newspaper delivery person as a young boy, I realized that kids who deliver papers in an apartment building take short cuts over roofs as well as follow a particular routine, such as taking the elevator to the top and working down. I conducted a preliminary survey of the scene and surroundings and discovered at least five additional locations involved in this original crime scene. These included the roof, an adjoining roof landing, an elevator, and two interior staircases, none of which had been secured and all of which contained various bits of trace evidence. Additional personnel were requested and these areas were cordoned off for the later crime scene search and process (multiple crime scene theory).

Direction of Uniformed Personnel at the Scene

The detective supervisor and homicide detective assigned to the case are in complete command at the scene of the homicide. They have the authority to exclude everyone — including other police officers, the news media, and any other unauthorized persons — except the medical examiner or coroner. Often, follow-up investigations of crime scenes have disclosed that valuable evidence was destroyed by the mere presence of police personnel.

Actions such as standing or walking in the scene or leaning against doorways or walls may alter or destroy valuable trace evidence such as latent prints or blood, hair, or skin specimens. If the crime scene can be adequately controlled, the chances of contamination will be minimized. The homicide people should explain these facts to the patrol supervisor and uniformed officers and request their cooperation in keeping all unauthorized and unnecessary personnel away from the crime scene.

Sometimes, high-ranking police personnel may inadvertently destroy valuable evidence. Although rank does not preclude scene contamination, I would not advise an officer to tell some high-ranking officer that he has just "screwed up" the crime scene. Instead, the homicide supervisor should be apprised, who then might be able to gain some cooperation from the ranking official by requesting assistance in preserving the scene and keeping everyone out. Tact will be required in this type of situation.

Sometimes a patrol officer will have taken evidence into custody before the arrival of the investigators. In many situations, officers will be forced to retrieve evidence or secure firearms because of safety or the possibility of destruction. They should be directed to safeguard this evidence properly, because they now are involved in the "chain of custody," and to make proper notations in their official reports so that these materials can later be submitted into evidence. (See Chapter 17.) Likewise, if an officer effects an arrest at the scene based on his observations, the detective supervisor should place the officer under the supervision of the homicide investigator. This procedure will assure that the officer is properly guided during the subsequent homicide investigation. In some instances, it may be necessary to "detail" a patrol officer to the Homicide Division during the investigation.

Uniformed personnel at the scene should remain at their posts until relieved by the investigator although they may be used to transport witnesses or suspects for the investigators at the scene. (See Chapter 3.)

Remember: When utilizing uniform officers to transport a suspect, provide them with specific instructions. Do not assume that the uniform officers will know what they are supposed to do in every situation.

The Teamwork Approach

The detective supervisor and homicide investigator are faced with a crime of the utmost gravity — one fraught with a complexity of possible motives and methods and a variety of physical evidence. Therefore, teamwork is required for a successful homicide investigation, and the detective supervisor and homicide investigators must set the tone for this teamwork approach as they coordinate the different people involved in the responsibility of the inquiry into death, for example:

The patrol service or uniform division

The detective division and other homicide detectives

The medical examiner or coroner

The crime scene technicians or fingerprint experts

The district attorney

Medical and ambulance personnel

Other agencies, such as the FBI if the homicide involves a federal employee

Directing the Investigation at the Scene

Homicide investigators should attempt to obtain all pertinent information from the first officer out of the hearing of any witnesses, the press, or the public before taking charge of the investigation. As mentioned earlier, the detective should confirm the fact of death for himself. The investigator must also see that the duties of the first officer have been accomplished.

Duties of the Detective Supervisor on Arrival at the Scene

The detective supervisor or chief investigator, upon arrival, will assume the responsibility for conducting the homicide investigation and will replace the initial investigator as the ranking officer in charge of the case. It is extremely important that the detective supervisor and the homicide investigator not fall into a fixed routine. Previous experience is invaluable but can become a hindrance when allowance is not made for new possibilities.

Remember: Each homicide case is distinct and unique and may require a fresh approach or perspective. Keep an open mind.

Practically speaking, no one at this stage of the investigation has all the answers, and no one can know for sure exactly what direction the case will take. However, the detective supervisor should be guided by certain basic procedures at the scene.

1. Ascertain that an investigator is at the scene and that the crime scene is amply protected. Confer with the investigator and be brought up to date on the status of the investigation. Solicit any opinions or theories and objectively evaluate these with your independent observations. Determine any investigative needs and make assignments as necessary.

2. Confer with the ranking uniformed officer at the scene, and interview the first officer so that proper instructions can be given to responding investigators.

3. Give priority to the removal of the suspect and/or witnesses to the police station. Each witness should be transported separately. However, before they are transported, the witnesses should be briefly interviewed by the investigators at the scene so that they may have the advantage of the witnesses' observations to guide their investigation there. Written statements can be obtained later at the police station and the information transmitted back to the detective supervisor at the scene.

4. Use an assignment sheet to indicate assignments as given. This sheet should contain the identification of officers assigned, the location of the assignment, the duties assigned, and the time the assignment was given. Later it can be used as a control device to assure that official reports are obtained from the investigators assigned. In addition to fixing responsibility for certain investigative duties, the assignment sheet will eliminate duplication of effort as additional assignments are made and added to the sheet.

5. If a suitable communications center or command post has not been established by the patrol officers, the investigator or supervisor should take immediate steps to arrange for one. The station house, Communications Division, and the detective command personnel should be apprised of the telephone numbers of the command post to facilitate rapid communication to and from the scene.

6. Designate an officer to keep a running timetable of events, including arrivals and departures at the scene. When the scene is released, the timetable should be turned over to the detective supervisor.

7. If the victim has been removed to the hospital, ensure that proper action is being taken at the hospital regarding any dying declarations, clothing, evidence, etc. (See Chapter 3.) It is advisable to have a detective contact the hospital and confer with the patrol officer and/or doctor. It may even be necessary to assign a detective to assist the officer in these procedures.

8. If the suspect has fled the scene, the investigator and detective supervisor must ascertain exactly what alarms have been transmitted, if any, and the exact information contained therein. Upon verification and the development of any new information, these alarms should be retransmitted.

9. Provide for the dissemination of information to all units involved in the homicide investigation. Ideally, all investigators should be aware of all aspects of the case. It is up to the detective supervisor to coordinate and disseminate this information to the "troops." Properly informed officers can better perform their assigned functions and contribute more intelligently to the overall effort. This is especially true for officers assigned to conduct canvasses. (See "The Canvass" in this chapter.) Uniformed officers assisting at the scene must also be made to feel that they are part of the team.

10. On occasion, too many officers respond to the homicide crime scene. The detective supervisor should not hesitate to direct these officers to return to their original assignments if they are not needed.

Preliminary Interview of the First Officer

The detective must ascertain that the scene is intact — that nothing has been added or removed since the arrival of the responding police. To determine this, he goes directly to the first officer. A preliminary interview with the first officer can provide an up-to-date appraisal of the crime scene as well as an assessment of what has transpired since the discovery of the body.

The homicide investigators should obtain a detailed account of what the officer or officers have seen and done. Usually, the officers will offer an opinion as to cause, manner, and circumstances of death. Investigators should receive these opinions objectively and graciously. However, they should not allow themselves to be influenced prior to making their own observations. Often the first officers' opinions provide a valuable lead in the investigation. In keeping with the teamwork principle, give credit where credit is due. If a patrol officer's performance at the scene is outstanding or proves instrumental in solving the investigation, I recommend that an official report be forwarded to the officer's commander. This report should be initiated by the detective supervisor at the scene and sent through channels so that this officer will receive proper recognition.

Remember: In order to effect a successful homicide investigation, everyone involved must work together; homicide investigation is a team effort and not a one-man show.

When interviewing first officers, emphasis should be placed on their activities in the immediate area of the crime scene — for example, how they gained entry into the scene, the position of the body upon arrival, things they may have touched or moved, condition of the doors and windows, odors, whether the lights were on or off. (See Chapter 2 and Chapter 3.) It may prove valuable to have first officers document their activities and observations on official reports. In addition, I recommend that the investigator assigned to interview the first officers prepare an official report for review by the patrol officer, to assure that it is correct, and then have the officer sign the investigator's report, which will become part of the homicide investigation.

I have found that it is a good idea to keep the first officers at the scene to answer any questions about the appearance of certain objects when they arrived. In addition, they can report any observations of persons who were in the area when they arrived or who expressed some interest in the activities of the police.

I recall one case in which the police had been called to the scene by the fire department after firemen discovered a body on fire in a basement of a South Bronx tenement. Two patrol officers in the vicinity responded immediately and arrived as firemen were still extinguishing the fire. The fire officer in charge advised the two police officers that an individual at the scene had been quite helpful and had directed firemen through the unlit basement to the source of the fire. These two police officers, taking note of the fact that inhabitants of the area were often less than civic minded, detained this "good citizen" pending my arrival and that of other detectives from the 7th Homicide Zone. They advised us of his actions and detained him as a witness. Needless to say, it was not long before we were able to reconstruct what had occurred.

Our "witness" had been staying with the deceased in a rear room of the basement. They were both from Jamaica and belonged to the Rastafarians sect (a Jamaican subculture that often deals in marijuana and other illegal activities) and apparently had a falling out over business, resulting in a shooting that left the deceased with a bullet in his head. Why our good citizen just did not take off, I will never know, but he stayed with the cadaver all night. The next day, he bought kerosene at the corner hardware store, dragged the body to the front of the basement, poured the liquid over it, and lit it up. However, he did not expect the initial burst of flame and smoke. His immediate problem was keeping the flames down. The people on the first floor, spotting the smoke emanating from the basement, called the fire department. A fire company returning to its station was still in the area from a previous alarm; it responded and arrived in less than a minute. Finding himself trapped between the body and the firemen, the suspect decided to play the part of a good citizen. The two street-wise police officers, however, did not buy his act, and he was detained. After gathering some trace evidence and interrogating our "witness," an arrest was made and our good citizen was charged with murder.

The interesting thing to note in this particular case is the actions of the first officers. They took the initiative and detained this person based on their initial observations and "gut feelings." As a result, homicide detectives were provided with a suspect and were able to conclude the investigation successfully.

Interview of Ambulance Personnel

Frequently an ambulance crew is the first official agency to arrive at the scene of a homicide. Sometimes these ambulance attendants can render invaluable assistance to the investigator. Because their obligation is to view the body and give medical assistance if the victim is alive, one or more members of the crew have probably been on the scene and close to the body. Often the perpetrator will still be on the scene and may even engage the ambulance crew in conversation or make an admission. In addition, the deceased may utter a name or description of the assailant. Furthermore, many people who were present when the assault took place will not leave when the ambulance arrives, but instead will stand around to "watch the show." When the police units begin to arrive, these persons suddenly make themselves scarce.

It is up to the homicide investigators to find out exactly what took place before the arrival of police. The investigators must interview each member of the ambulance crew who was present at the scene. Ambulance crew members are not trained criminal investigators and may inadvertently have altered the crime scene in some small but highly significant way. Obtain their names, serial numbers, unit numbers, hospital affiliation, and times of arrival and pronouncement of death. Every detail of their actions should be known — for example, how they gained entry if the scene was indoors, the path of entry if it was outdoors, things they may have touched or moved in order to get to the body, movement of the body, areas in which they were present, and their observations. They should answer such questions as: Who was present? Did the deceased say anything? Were they smoking? If so, did they discard their cigarettes and where did they discard them?

Handling Curious Onlookers

Using courtesy and a calm professionalism in dealing with civilian crowds can be to your advantage. You may be able, for example, to gain the crowd's cooperation in maintaining police lines pending arrival of additional personnel or to persuade an onlooker to come forward with some valuable information. This is especially important in areas known for their distrust of and hostility to the police. In some areas, especially in inner cities, the mood of the crowd may turn ugly depending on how the police maintain lines and direct the crowds.

Do not engage in any verbal rhetoric with the "village idiot." You may rest assured that in every crowd there is the drunk, the clown, the self-elected spokesman of the day, the troublemaker, the junkie, or the fool. Your refusal to get involved with such a character may very well be the key to getting the crowd on your side; through nothing more than plain old-fashioned peer pressure, this person will be neutralized. Furthermore, when the crowd begins to empathize with your function, additional information may be provided by witnesses who were at first reluctant to come forward.

As an investigator, you can usually assume a different role than that of the uniformed patrol officer. Persons who have been directed by patrol officers to stand back will instinctively resent the authority, yet may still have a desire to give information to the police. My advice is to take advantage of this and actively solicit their cooperation. People will usually tell a homicide detective things they would not disclose to a uniformed officer.

Furthermore, when dealing with curious onlookers in a crowd, you never know who has information and who will come forward with it. I recommend that you get some of your people, who do not look like detectives, into the crowd. I remember an incident in the South Bronx to which the 7th Homicide Zone had responded. It was a street scene, and the deceased was lying on the sidewalk surrounded by a large crowd of onlookers, most of whom were conversing in Spanish. One of the homicide detectives, who was Puerto Rican, began to mingle with the crowd and ask questions in Spanish. A man with whom he was speaking suddenly turned to another person in the crowd and said in Spanish, "Hey, look over there! That guy has some nerve. First, he kills the dude and then he comes back with all these cops standing around just to look at the body." Needless to say, the detective in the crowd alerted his counterparts but remained in the group to watch and listen. When the other detectives suddenly broke into the crowd and grabbed the suspect, the persons who had been discussing the incident were overheard to say, "Wow, those detectives are really smart. How did they know he killed that man?"

The detective who had infiltrated the crowd not only identified the suspect but came up with two additional witnesses who were brought in to headquarters for formal statements.

Handling Witnesses at the Scene

Although the homicide crime scene offers an abundance of informational and evidentiary material, the identity of the perpetrator will usually be uncovered through the intelligent interviewing of witnesses.

The homicide detective should determine the identity of all witnesses who have been at the scene. Valid identification, including names, dates of birth, residence and business addresses (with zip codes and telephone numbers), should be obtained in the event that later contact is necessary. It is imperative that the witnesses be separated, and each one should be interviewed individually as soon as possible after the event. The best procedure is to assign homicide detectives to take an informal statement immediately upon arrival while the case officer (the investigator assigned to the case) goes over the crime scene and establishes some basic information about the crime. This procedure assures that a candid statement is obtained before any deterioration of memory takes place because of a time lapse or a desire "not to get involved."

Usually, a person who tells a detective one story will not suddenly change it later when a formal statement is taken. These initial interview results should immediately be made known to the homicide supervisor and the case officer to assure sensible direction of activities at the scene. The location for the subsequent formal interview of witnesses should be an office or other place where there is privacy and the necessary recording equipment is available. I recommend that witnesses be transported to the station house for formal statements immediately after the initial information has been obtained at the scene. If patrol officers provide the transportation, they should be reminded to keep parties separated en route and at the police station.

The formal statement should be taken and each witness evaluated by the homicide detectives assigned to the investigation. Needless to say, the homicide supervisor and the investigator who originally took the preliminary statement should confer in this evaluation. This phase becomes crucial when dealing with persons who do not speak English and require an interpreter. The interviewing officer should make sure that the interpreter is phrasing the question properly so that there is no misunderstanding of the meaning of the question and that the exact response — and not the interpreter's assumption of what the interviewee meant — is recorded. If possible, have an officer who speaks the language conduct the interview with the case officer. Together, they can formulate the questions and evaluate the responses.

Obviously, the eyewitness to the fatal act is the most valuable. However, other witnesses may have important information, which places the suspect at the homicide crime scene or supplies the motive for the crime, or they may be able to provide personal information about the suspect.

Remember: It is important to keep the witnesses separated from one another.

Witnesses who have conferred with each other may change their stories, not from a desire to mislead the police, but from a very basic factor in human behavior called group dynamics. One or more persons in a group may force their dominant personalities on the group; the other witnesses will compromise their stories so as not to disagree with or offend the stronger personalities or to seem "stupid" by having seen something no one else saw.

However, in other instances — especially when dealing with criminals or persons sympathetic to criminal enterprise — a conscious effort may be made to mislead and thwart police inquiry into the crime.

The detective should realize these possibilities when questioning prospective witnesses and must be thorough and patient. He must get the witnesses to relax and talk about themselves. He should encourage them to tell the story in their own words. Of course, when dealing with the criminal sympathizer or "bad-guy" type, questioning will need to be more along the lines of authority, and you will look for any weaknesses or fears you can perceive. Usually, these types are not too anxious to have the police probing into their lifestyle and may be willing to cooperate for a price or just to "get the cops off their backs." Sometimes you may be lucky enough to have something on them, such as a lesser crime, which can be traded off for information on the homicide. In reality, as I look back on my career, especially in some of the areas where we conducted drug-related homicide investigations, many of our witnesses were in handcuffs when they were brought in. Often the only good thing you could say about the most recently deceased was that he was dead; today's deceased was usually yesterday's perpetrator.

Dealing with these criminal types is always frustrating and dangerous. You never know for sure which side of the fence they are on, and you cannot be sure of their motivation or when they will turn on you. Your best defense, of course, is the proper documentation of their activities. Make sure that you confer with your supervisors or commanders. In certain instances, the Office of the District Attorney must be consulted, especially if part of the "deal" concerns court consideration or lack of prosecution in return for testimony against a suspect in the homicide.

Effective interviewing is an art that requires constant improvement. It is a very time-consuming procedure, but often invaluable for the discovery of information. In this interviewing phase, team effort is especially important. An enormous workload is generated in a very short time at a homicide crime scene. This workload is further compounded by the element of time. One or two homicide investigators do not have enough time to perform all the necessary duties and conduct careful interviews. The detective supervisor should assign enough investigators to conduct these preliminary interviews and be kept up to date with the results. This information should be made available to the other investigators involved so that they can proceed intelligently with their duties.

The Canvass

A canvass is a door-to-door, roadblock inquiry or brief interview with persons on the street by which detectives attempt to gain information about a specific incident. It is an important investigative tool and a vital part of the preliminary investigation at the homicide crime scene.

The detective supervisor should assign investigators to conduct a preliminary canvass of the surrounding area, including the approach and escape routes from the crime scene, while the case officer performs his functions at the scene. As the detectives conduct the canvass, their primary purpose should not be to conduct in-depth interviews, but to locate possible witnesses or persons who may have information about the crime. Canvassers should obtain the name and address of each person to whom they have spoken, whether the person provides information or not. When no one is at home or additional residents should be interviewed, this should be noted so that the parties can be reached during a recanvass. Likewise, locations that are negative should be recorded for the follow-up investigation. Because of the vast amount of information generated in a short period of time at the homicide crime scene, I recommend that everyone involved in the investigation possess a notebook. Each apartment, place, or person canvassed should be recorded in the investigator's notes for later official reports or a recanvass, as the case may warrant.

At times it may be necessary to recanvass or extend the canvass to include additional areas. The thoroughness of the procedure is the determining factor of success. On the recanvass, a witness who was reluctant to talk the first time or someone who was inadvertently missed may be located. Also consider the physical location of the crime scene in relation to the area canvassed; that is, do not miss the back of the building. I remember one case where an extensive canvass was conducted in a number of buildings that faced the front of a location where a vicious burglary–homicide had taken place. The canvass proved negative until someone realized that no one had canvassed the buildings that faced the rear. These buildings were on another street around the corner from the murder site. This particular canvass resulted in locating a witness who had observed two persons climbing up a fire escape toward the victim's apartment. This witness was able to make a positive identification of the suspects in the case. The ironic part of the story is that the witness had not made any connection between this event and the murder and would never have come forward if not located and interviewed by the investigators on the subsequent canvass.

Also consider whether an immediate canvass is necessary. The type of crime or the hour of day or night may determine this. For instance, in an organized crime hit in an area frequented by persons friendly to criminal enterprise, it will probably be necessary to come back at a later time and talk to people out of the hearing or observation of criminal sympathizers and neighbors. A common mistake is to attempt a canvass in the middle of the night. You will make a lot more enemies

Figure 4.3 WITNESS FORM. This form can be employed to assure that investigators obtain as much information as possible after contact. In certain cases, it may be advisable to obtain a photograph (Polaroid or digital) of your witness. (From the author's files.)

Figure 4.4 CANVASS QUESTIONNAIRE #1.

Figure 4.5 CANVASS QUESTIONNAIRE #2.

than friends if you start ringing doorbells at 3:00 A.M. Wait until a reasonable hour and then do the canvass.

Many homicides have been solved because a good canvass performed by a determined group of canvassers uncovered some vital information, including a motive or even an eyewitness. These canvassers were detectives who did not just go through the motions, but took the time to elicit information effectively from the people canvassed. It is extremely important to keep in mind when instituting a canvass not to assign officers arbitrarily just because you are supposed to do a canvass. Usually, numerous personnel will be at the homicide crime scene — sometimes more than can be effectively utilized. A common error committed by some supervisors is to assign these people indiscriminately to do a canvass, a practice that can do more harm than good. This is not to say that the supervisor should not "shotgun" a number of investigators into an initial canvass, but the personnel selected should be good at this investigative technique or have an interest in the particular investigation. The extra personnel can then be used for some of the other jobs that become necessary during the course of events at the scene.

Figure 4.6 THE CANVASS. When doing a canvass, it is imperative that the investigators consider the buildings and locations that overlook the rear of the crime scene as well as the front of the location. In this particular case, the canvass of the apartments which overlooked the rear of this building and the building's fire escapes provided police with the description and eventually the identity of the murderer. (From the author's files.)

The assigned detective or member of the team conducting the homicide investigation should conduct formal interviews with anyone located by the canvassers. Likewise, the detective supervisor should be kept up to date with any information uncovered by the canvassers. In this way, the supervisor and the team will be aware of all developments in the case and be better able to put this information into proper perspective.

The correctly done canvass is an invaluable investigative technique that can provide

An actual eyewitness to the crime

Information about the circumstances of the crime

An approximate time of occurrence and/or an estimate of time of death Information about the deceased — identity, habits, friends, etc. A motive for the crime

The Preliminary Medical Examination at the Scene

In homicide cases, a medical examiner or coroner is responsible for performing an investigation to determine the cause mechanism and manner of death. (See Chapter 18.) The medical examiner's or coroner's office is responsible for conducting an autopsy later on. Ideally, the investigation at the scene should be carried out by the pathologist who will later perform the autopsy. However, in jurisdictions that lack a medical examiner system or that have a large number of homicides, this is not always possible. In most cases, the medical examiner or coroner must rely on the information provided by the medical examiner or medical investigator who is at the scene, and from the detectives investigating the homicide.

The physical aspects of the scene and the cadaver can never be replaced in quite the same manner after a body has been moved; thus, under ordinary circumstances, the body should not be moved before an examination by the medical examiner or coroner.

The preliminary medical examination should not, however, be undertaken until the crime scene has been photographed and sketched in its original condition. (See Chapter 6 and Chapter 7.) If the medical examiner arrives before the crime scene technicians or police photographer, he or she should be requested to delay the examination until after the scene documentation has been accomplished.

The medical examiner should be brought up to date on all aspects of the case as soon as he or she arrives. This includes any determinations or observations made by the investigators at the scene or in the course of the preliminary investigation.

Remember: The teamwork aspect can never be overemphasized, especially in this preliminary medical examination at the scene.

The scene investigation by the medical examiner or coroner includes identification of the deceased, examination of the body, evaluation of the circumstances of death, and removal of evidence from the body. Therefore, it is important that these medical experts obtain as much information as possible about the facts surrounding death so that later autopsy findings can be properly evaluated. For example, an ambulance may have responded and the attendants attempted resuscitation. This information could become important in evaluating rib fractures, facial trauma, or other internal injuries that could have been caused during the resuscitation attempts.

The medical investigation at the scene may indicate the following:

1. The apparent cause of death, by correlating the injuries with the manner in which they occurred. In homicide deaths which are the result of stabbing or shooting, the determination of cause of death may be made at the scene. In some suspicious deaths, the medical examiner may observe petechial hemorrhages in the lining of the eyes and eyelids, alerting the police to asphyxial death.

2. Whether injuries are antemortem or postmortem.

3. Whether the deceased, after the initial injury, fell or struck other objects at the scene, thereby causing further injury.

4. Whether the body came to rest upon an object which, due to pressure, produced a postmortem injury (artifact) which could be erroneously interpreted as contributory or responsible for death.

5. The approximate time of death (indicated by such signs as loss of body heat, rigor mortis, lividity). (See Chapter 9.)

Special Procedure to Follow in Specific Cases

I recommend that, in certain cases, the medical examiner/coroner be requested to allow the body to remain at the scene during the crime scene process in order to recover crucial microscopic evidence that would have been lost in the removal or transport of the body. In fact, as part of the Practical Homicide Investigation® seminar series, I have illustrated this procedure to alert investigators to the possibility of using this course of action in specific cases.

These specific types of cases are usually sex-related homicides — homicides in which the offender stabs, cuts, pierces, or mutilates the sexual regions or organs of the victim's body. These cases involve evisceration, piquerism, displacement of the genitalia in males and females, and the removal of the breasts in a female victim, and include the posing or propping of the victim's body, insertion of objects into body cavities, and sexual mutilation.

These events are predicated on the obsessive fantasies of the offender. It is not enough for these types of killers to kill; they have a compulsive need to act out their fantasies with their victims and their victims' bodies. Thus, their personal interactions with the body many times result in the transference of microscopic evidence. If the body is moved or transported, valuable evidence can easily be lost, contaminated, or destroyed in the process.

Case Examples

I consulted on a lust murder case involving the brutal and savage murders of a mother and her 14-year-old daughter, who were sexually mutilated and then propped and posed by the killer for psychosexual gratification. The chief investigator in this particular case had taken my Practical Homicide Investigation (PHI) course. He utilized a number of suggestions in the recovery of evidence in these types of cases. Chief Criminal Deputy Wagg had requested the Washington State Crime Scene Response Team to respond and assist Douglas County and had the medical examiner conduct a preliminary testing of core body temperature. Chief Wagg then requested the medical examiner to consider implementing the evidence recovery procedures recommended by me and asked for his cooperation in leaving the bodies in place within the crime scene.

In this case, a decision was made to turn off the heat in the residence and conduct all crime scene processes within the house. The heat was turned off so the house would remain cold and keep the body from decomposing from the heat. This area of the country stays extremely cold in April and it provided the authorities with the option of keeping the bodies intact at the scene. The crime scene team processed the scene and the bodies over the next 2 1/2 days recovering hairs and fibers, which were eventually matched to the suspect. These microscopic traces may have been lost had the bodies been transported. The entire prosecution was based upon the hair and fiber evidence.

Interestingly, detectives in Pennsylvania, who had attended all of the Practical Homicide Investigation seminars, found themselves in a similar situation involving the rape and lust murder of a young woman discovered bound to her bed with duct tape and sexually mutilated. They had seen the illustration of this technique in class and requested their local coroner to cooperate with the investigation by leaving the body at the scene during the crime scene process. The evidence that was recovered in this case also would have been lost if the body had been transported. These cases are covered in depth in my Sex-Related Homicide and Death Investigation: Practical and Clinical Perspectives textbook.1

Conclusion

The best advice I can give to homicide detectives at the scene is to take the medical examiner or coroner into your confidence, tell him about your theories, and ask questions. If you do not understand some obscure terminology, get clarification (in other words, ask the medical examiner to translate it into layman's terms). These medical practitioners can give advice concerning medical aspects of the case and later provide information derived from the postmortem examination and the results of any toxicological analysis. The detective supervisor and homicide investigator should seek their advice. Such conferences and exchanges of information often result in a modification of an investigator's approach to a case or a particular aspect of it.

Historically, medical examiners and coroners have enjoyed a good working relationship with homicide investigators, based on expertise and professional cooperation, which tends to complement the investigation. I have been at many homicide crime scenes where the medical examiner has been more than helpful to the investigator by answering the many questions that arise during this preliminary inquiry.

Doctors who specialize in forensic medicine usually have an ardent interest in homicide cases. Often they can be helpful in reconstructing the scene and formulating the sequence of events. Because their inquiry is directed toward the circumstances that led to death, the manner in which death occurred, and whether the condition of the body is consistent with the cause of death, what they determine is essential to the investigation. Each professional is aware of the other's duty and capability, and by working together and exchanging information, they can usually arrive at a final determination of what actually occurred.

Remember: do it right the first time. You only get one chance.

Reference

1. Geberth, V.J. Sex-Related Homicide and Death Investigation: Practical and Clinical Perspectives. Boca Raton, FL: CRC Press, 2003.