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Sunday, June 22, 2025

Charles Manson And His Murderous Cult

     In Los Angeles the murders committed by members of Charles Manson's "family" on August 9 and 10, 1969 marked the beginning of a homicidal crime wave that lasted until the early 1990's. Charles Manson became the personification of cold-blooded, ritualistic serial killing. The image of this little man's face came to symbolize demonic evil. While he was not the first insignificant loser to achieve infamy through sociopathic deviancy, his name and his persona have been etched into the annals of murder. Manson's pot-smoking, LSD-taking, hippie followers were the prototypes of today's bath salt, PCP zombies.

     Manson and his murderous crew, inspired by the Beatle's song "Helter Skelter," slaughtered eight people in a plot to start a race war. The man who successfully prosecuted these degenerate misfits, Vincent Bugliosi, wrote a book (with Curt Gentry) about the case called Helter Skelter. The nonfiction book, published in 1974 became a bestseller and won several literary awards. Mr. Bugliosi died in June of 2015 at the age of 80.

     In 2011, cold-case investigators with the Los Angeles Police Department were looking into 12 unsolved murders committed in the LA area during the Manson family killing spree. Pursuant to that investigation the LAPD petitioned a federal judge in Texas for the right to review eight cassette audio-tapes containing hours of conversations between Manson follower Charles "Tex" Watson and his attorney. Investigators believed these tapes contained evidence linking Manson and his people to some or all of the unsolved murders.

     In the spring of 2012 the judge granted the LAPD's request for the audio tapes. Watson's attorney appealed the ruling which delayed the LAPD's access to this information.

     In an effort to get around the legal roadblock, Los Angeles detectives acquired a warrant to search the attorney's office for the cassettes. On October 16, U.S. District Court Judge Richard A. Schell issued an order prohibiting the LA detectives from serving their search warrant. In justifying his ruling, Judge Schell wrote: "This court understands and respects the desire of the LAPD to seek access to the 42-year-old tapes. However, the LAPD has provided no explanation as to why this court should shortcut the usual [appeals] procedure...." In other words, what was the emergency?

     Cold-case detectives, relatives of the victims of the unsolved murders and people interested in Charles Manson and the history of murder were frustrated by the delay caused by this judge's ruling. But in May 2013 Judge Richard A. Schell released the Watson tapes to the Los Angeles County District Attorney's Office. After the recordings were converted into electronic files the historic legal conversations were given to the cold case investigators looking into the unsolved Los Angeles murders.

     As it turned out the Watson tapes did not produce evidence that led to the resolution of the unsolved Los Angeles murders. But in September 2014 an attorney for imprisoned Manson follower Leslie Van Houten announced that the Watson tapes might benefit his client's bid for parole. In May 2015 the state parole board denied her request.

     Charles "Tex" Watson, serving his time at the Donovan State Prison in San Diego, was denied parole in November 2016.

     In 2016 Leslie Van Houten, in her 21st petition for parole, was recommended for parole by the California Parole Commission. Governor Jerry Brown, however, denied the 68-year-old's release.

     On November 17, 2017, 83-year-old Charles Manson was rushed from his prison cell to Mercy Hospital in Bakersfield, California. He died later that day. 
     On July 8, 2023, Leslie Van Houten, without opposition from the governor, was granted parole.

Saturday, June 21, 2025

A Ten-Year-Old's Criminal Justice Nightmare

     While police officers can be helpful, fair and brave, they can also be cruel and mindless. This also holds true for prosecutors. The arrest of a ten-year-old boy in Colorado Springs, Colorado revealed a degree of law enforcement mindlessness that is as inexplicable as it is dangerous. In this case the motto "To Serve and Protect" gave way to "To Intimidate and Terrorize."

     In 2019 ten-year-old Gavin Carpenter lived with his parents and two siblings on the Fort Carson Army base outside of Colorado Springs, Colorado. In the afternoon of July 24, 2019 Gavin was in Colorado Springs playing with his friend outside his friend's grandparents' house. Later, the boys planned a sleepover at the friend's nearby home.

     On the sidewalk in front of the grandparents' house Gavin pointed an orange, Nerf rifle at five or six passing vehicles. He and his companion were playing a version of the video game Fortnite. The driver of an oncoming pickup truck drove a short distance past the boys, slammed on his brakes and with smoking tires backed up and jumped out of the vehicle to angrily confront the frightened kids. When the friend's grandfather stepped out of his house the infuriated driver screamed at him.

     Gavin and his friend took refuge in the grandparents' home as the furious motorist called 911 and falsely reported that Gavin had shot at him with a BB gun.

     When deputies with the El Paso County Sheriff's Office rolled up to the grandparents' house young Gavin and his friend, frightened and in tears, tried to explain that they had no intention of threatening or scaring anyone. They were playing a game with an orange broken toy that could not even shoot Nerf projectiles. The boys' explanation apparently fell on deaf ears because deputies handcuffed the terrified children, placed them into the back of a marked police car and hauled them to the Colorado Springs Police Department for fingerprinting and mugshots. Shortly thereafter Gavin's parents, Chris and Stephanie Carpenter, showed up at the police station.

     Gavin Carpenter and his playmate were not released from police custody until ten-thirty that night.

     For the ten-year-old Nerf gun pointer his surreal ordeal did not end with his arrest. A prosecutor in the El Paso County District Attorney's Office charged Gavin Carpenter with felony menacing. Anyone who has spent a year in law school knows that to commit a crime, the perpetrator must possess some degree of criminal intent. To commit felony menacing the actor must intentionally or knowingly place someone in fear of serious bodily injury or death. In the case of a ten-year-old who thought he was playing a game with a Nerf gun, there was no intent to menace anyone. The charging prosecutor must have known this but didn't care. This was not about the law or criminal justice, this was about making a political point at the expense of an innocent child. This prosecutor should have been removed from office and disbarred. 

     Mr. and Mrs. Carpenter hired an attorney and met with the district attorney who refused to drop the charge. According to a juvenile court judge, before Gavin Carpenter's attorney could petition to have his client's felony record expunged, the boy had to enter a 216-day "diversion program" that required him, among other things, to do community service and submit an apology essay to the court. (If anyone should have apologized it was the idiots in charge of this case.)

     In February 2020, after Gavin's parents spent $4,000 in legal fees, a judge granted their petition for expungement. As difficult as that process was, expunging Gavin Carpenter's fear of the police would be a lot tougher and take a lot longer. Who could blame him if he never trusted the police again. 

Friday, June 20, 2025

The Nicholas Helman Ricin Case: Beware of the Jilted Nerd

     In 2013, 19-year-old Nicholas Helman lived with his mother in Hatboro, Pennsylvania, a town of 8,000 in Montgomery County within the Philadelphia metropolitan area. One of the young man's neighbors in the Eleanor Courts apartment complex described him as the kid you went to school with for twelve years but don't remember.

     Helman, a quiet, unassuming Eagle Scout, worked at the Target store in Warrington, Pennsylvania. He also spent a lot of time searching for geocaches--objects that were hidden and could be found through GPS coordinates posted on the Internet. Casual acquaintances thought that he was much younger than nineteen.

     In the summer of 2013 Nicholas Helman met a young woman his age at an Eagle Scout picnic. They began dating and he fell in love. When she left him for another man in November 2013 the devastated Helman began sending threatening emails to the new boyfriend. When the object of his wrath brushed off his threats, Helman decided kill his competitor with poison. This was not behavior befitting an Eagle Scout.

     On March 7, 2014 Helman confided to a fellow Target employee that he just placed an envelope in his rival's mailbox that contained a scratch-and-sniff birthday card laced with ricin, a deadly poison. (Ricin is a protein found in the caster oil plant. The pulp from just eight caster beans can kill an adult. As little as 500 micrograms of the poison, an amount that would fit on the head of a pin, can be fatal.) Helman bragged to his confidant that anyone who came into contact with his ricin would be dead in a few days.

     Helman identified his poison target as his ex-girlfriend's boyfriend, a man who lived in Warminster, a Bucks County town 40 miles north of Philadelphia. The shocked employee wasted no time in calling the police.

     Police officers, on the day Helman confided in his fellow worker, went to the Eleanor Courts apartment complex to question the suspect. Upon their arrival they arrested him as he tried to sneak off carrying a backpack and a piece of luggage.

     Under police questioning Mr. Helman admitted that he placed an envelope containing a birthday card in his rival's mailbox. He said his intent was to scare his ex-girlfriend's boyfriend, not to hurt him. He was motivated by the desire to get the girl back. Helman claimed that the birthday card was harmless.

     Police officers found, in Helman's backpack, a white bottle labeled "sodium hydroxide" that contained a crystal-like powder. The suspect also possessed a recipe in a notebook that listed ingredients such as caster beans, sodium hydroxide, mixing materials and other substances.

     Investigators telephoned the poison target's residence and spoke to his mother who said her daughter had just left the house to fetch the mail. The police caller instructed the mother to put the mail back into the box and wait for the police.

     Nicholas Helman was taken into custody and booked into the Montgomery County Jail on the charge of harassment. Shortly after the hazardous materials team retrieved the plain white envelope without a stamp, address or return address, Helman posted his $50,000 bond and was released from custody.

     After toxicological testing confirmed that the birthday card contained ricin, a Bucks County prosecutor charged Nicholas Helman with attempted first-degree murder. On March 19, 2014 FBI agents and local police officers, backed up by a SWAT team, surrounded the Helman apartment. Following a two-hour standoff the suspect surrendered to the authorities. A judge denied Helman bail pending a psychiatric evaluation.

     The next day police officers found a stash of ricin tucked under a gas manhole cover in Hatboro not far from Helman's apartment.

     In November 2014 Nicholas Helman pleaded guilty to the attempted murder charge as well as the offenses of attempted aggravated assault and risking a catastrophe. In July 2015 Judge Alan Rubenstein sentenced the 21-year-old to twenty to forty years in prison. The judge called Helman's crime "extraordinary" and compared his behavior to that of a terrorist. "You are bright. You are articulate. You are responsive," said the judge. "But I don't think you appreciate the damage you have caused people very close to you."

     As deputies led Helman out of the courtroom in handcuffs the prisoner wept as he said goodbye to family members. It was doubtful that in prison Mr. Helman would encounter many other Eagle Scouts.

Thursday, June 19, 2025

The Right to Give Your Child a Wrong Name

     Generally, because of the First Amendment right of free speech, there is nothing the government can do to stop a parent from giving a kid a weird and arguably stupid name. The only remedy for victims of bad names is to legally correct the problem when they become adults. Recent examples of ridiculous names include Ruger, Irelynd, Blaze, Cinsere, D'Artagnan, Abeus, Troolio, and Dusk. (For some reason, movie stars have a tendency to to burden their children with stupid, attention getting names.)

     Several years ago in New Jersey, the parents of a 3-year-old they had named Adolph Hitler Campbell, sued a bakery for refusing to write that name on the boy's birthday cake. While the bakery won the suit, the state of New Jersey did not have the authority to have little Adolph Hitler re-named.

     If you can name an innocent child Adolph Hitler, you can pretty much name a kid anything. There are, however, a few limitations to this right. In most states a name cannot be an Arabic number, an obscenity or a symbol. Names that are extremely long are also forbidden. So, could a mother lawfully name her girl Promiscuous, or her son Fecal? Probably.

     Jaleesa Martin, a resident of Newport, Tennessee, a town of 7,000 in the rural foothills of the Great Smokey Mountains, gave birth to a boy in January 2013. The boy's father, a man named McCullough, wanted his son to have his last name. The mother wanted to give the child her last name. The couple did agree, however, on the baby's first name--Messiah.

     To settle this domestic dispute, Jaleesa Martin, in the summer of 2013, asked child support magistrate Lu Anna Ballew to approve the name Messiah DeShawn Martin. Following the hearing in August 2013 Magistrate Ballew ordered the parents to name their child Martin DeShawn McCullough.

     The magistrate said she disapproved of the child's first name because "the word 'messiah' is a title and it's a title that has been earned by one person and that person is Jesus Christ." Moreover, Ballew reasoned, that first name "could put him [the boy] at odds with a lot of people, and at this point he had no choice in what his name was. (What kid does have a choice in this matter?)

     In announcing that she was appealing the magistrate's decision, Jaleesa Martin told reporters that "I was shocked. I never intended on naming my son Messiah because it means God, and I didn't think a judge could make me change my boy's name because of her religious beliefs." (The mother could have pointed out that in 2012 more babies were named Messiah than Donald, Philip, Bruce or Gary.)

     On September 18, 2013, Judge Telford Forgety overturned the magistrate's ruling. Pursuant to an agreement reached by the parents, the kid's name was changed to Messiah DeShawn McCullough. (The boy had siblings named Micah and Mason.)

Wednesday, June 18, 2025

The Case Of The Stray Bullet

     On Friday night, December 16, 2011, a 15-year-old Amish girl named Rachel Yoder, while on her way home in a horse-drawn buggy from a Christmas party at an Amish produce farm, fell dead out of the rig with a bullet in her head. She died not far from her central Ohio home in Wayne County. The girl's brother found her when he saw the horse walking around her body. The Summit County medical examiner, without the benefit of an investigation, ruled the death a homicide. This manner of death ruling caused speculation the girl was murdered at the behest of Bishop Sam Mullet, the cult-like leader of the band of renegade Amish outlaws who had been recently charged with a series of Ohio home invasions. (See: "Bishop Sam Mullet: Amish Outlaw")

     A few days after Rachel Yoder's death the local sheriff announced she had been killed by a stray bullet fired a half mile away by a young Amish man cleaning his muzzle-loading rifle. (A rifle loaded through the muzzle end of the barrel. I don't know if this gun was a modern replica or an antique.) The Amish girl's death, according to the gun cleaning theory, was simply a freak accident. The sheriff said he had not ruled out a negligent homicide charge. 
     One could drive around the most violent neighborhoods in Philadelphia, Los Angeles, Miami and Detroit 24 hours a day for twenty years and never catch a stray bullet. While Rachel Yoder rode inside a buggy in the middle of nowhere, a single bullet fired from a half mile away not only found her, it killed her. Such bad luck is hard to believe. After traveling that far, a bullet, particularly one fired from a muzzle-loader, loses its velocity and the force to become deadly. This theory of Rachel Yoder's death was so farfetched a writer who put such a scene into a mystery novel would be laughed out of the business. 

     One of Rachel Yoder's Amish neighbors was quoted as follows: "We can't understand how it could happen, but I guess it was the Lord, maybe. Her time was up is what we think." 

   On September 11, 2012, 28-year-old Marion Yoder pleaded guilty to negligent homicide. The Holmes County judge sentenced the Amish man to six months in the county jail but suspended all but 30 days of the term. Since it's hard to imagine a jury convicting this man of negligent homicide, the guilty plea didn't make sense. The level of negligence in this case barely supported a civil wrongful death action, and certainly did not rise to criminal recklessness, the basis of a manslaughter charge. Putting a man in jail for a freak fatal accident is not criminal justice. 

Tuesday, June 17, 2025

Dr. Ralph Erdmann: The Forensic Pathologist From Hell

     Most forensic pathologists are hardworking, well intentioned and competent. Even the best of them make honest mistakes. But over the years there have been several high-profile embarrassments to the profession. These forensic pathologists, because they were careless, incompetent, corrupt or weak, did great harm to criminal defendants, victims of crime and forensic science. Dr. Ralph Erdmann, a run-amok forensic pathologist who worked many years in west Texas represents the worst of the worst.

     In 1981, 25 years after acquiring a medical degree in Mexico, Dr. Erdmann moved to Childress in Lubbock County, Texas. He began, on a private contract basis, doing autopsies for five small hospitals in the county. He moved to Amarillo in 1983 and began performing autopsies for hire throughout the Texas panhandle region. Over the next decade Dr. Erdmann conducted more than 3,000 autopsies in 41 jurisdictions. In 1990, at the height of his activity, he performed 480 autopsies. The following year he did 310, most of which were performed in Lubbock County. For his work in Lubbock County, Dr. Erdmann received an annual fee of $140,000. In the smaller counties he charged $650 per autopsy. The forensic pathologist had a large territory to cover and was constantly on the move, performing autopsies on the run.

     Because he covered a rural area, Dr. Erdmann did not always work under ideal conditions. In cases of decomposing bodies many of the smaller hospitals denied him access to autopsy space because of the stink. As a result he performed autopsies in funeral home garages, hospital loading docks, parking lots and abandoned houses. Dr. Erdmann once performed an autopsy on a door laid across two 55-gallon drums.

     It wasn't just his take-charge work ethic that made Dr. Erdmann so popular with detectives and county prosecutors. What they especially liked about this pathologist was his unabashed eagerness to tailor his autopsy findings to their law enforcement needs. If the prosecution needed a victim or suspect to have alcohol in his or her blood, that was not a problem. It didn't matter that no blood-alcohol test had been administered in the case. If a certain time of death was necessary to incriminate a defendant, Dr. Erdmann would provide it, even if such a precise estimation was scientifically infeasible.

     Because Dr. Erdmann made their jobs so easy, many detectives and prosecutors turned a blind eye to his personal weirdness, sloppy work habits, questionable science, embarrassing omissions and patent dishonesty. Even with the support of the law enforcement community he was so obviously unfit for the job he was eventually drummed out of the profession.

     By 1992, after a number of defense attorneys began challenging and exposing Dr. Erdmann's methods and findings, the outlandish nature of his malpractice began to catch up to him. That year he was forced to surrender his Texas medical license to the State Board of Medical Examiners. He also pleaded guilty to charging several counties for autopsies he had not conducted. The judge sentenced him to 10 years of probation and 200 hours of community service. He also had to pay $17,000 in restitution. The following year Dr. Erdmann left Texas for the state of Washington.

     A review of Dr. Erdmann's work revealed that cutting corners allowed him to perform that many autopsies. For example, he didn't bother to weigh the internal organs he removed. And in many cases he didn't even bother to cut them out of the corpse. He simply estimated their weights. Dr. Erdmann got caught doing this when the family of a man he autopsied noticed, in the autopsy report, the weight of the dead man's spleen. Years before his death this man's spleen had been surgically removed.

     Even in situations where the cause of death was obviously murder, Dr. Erdmann didn't always get it right. In the case of a body found in a dumpster he reported the cause of death as pneumonia. The police later arrested the suspect who had stolen the dead man's car, shot him in the head, then disposed of his body in that dumpster. Perhaps this man had pneumonia when he was shot to death, but it was the bullet that killed him. In another body-in-the-dumpster case Dr. Erdmann lost the dead man's head, the body part containing the fatal bullet that would have connected the shooter to the murder. Without the head or the bullet, the suspect could not be prosecuted.

     In a fatal hit-and-run case Dr. Erdmann testified that the victim had died instantly of a broken neck. He based this finding on his examination of the 14-year-old victim's brain. But when the body was exhumed, another forensic pathologist found that Erdmann had not even bothered to open the boy's skull.

     In the case of an infant who died in a bathtub, Dr. Erdmann determined that the baby had been killed by a blow to the stomach. This led to the arrest of the man who was in the house when the infant died. After a second forensic pathologist examined the body, the prosecutor had to drop the murder charge. The baby had drowned accidentally. The cause of death: asphyxia.

     As reported in the ABA Journal, as a result of Ralph Erdmann's bungled and incomplete autopsies, the defendants in 20 murder cases had grounds to appeal their convictions. The panel of experts who looked at 300 of his autopsy reports--a relatively small sampling--found that 1/3 of the bodies had not even been cut open. When confronted with this evidence, Dr. Erdmann explained it away as clerical errors. He never admitted wrongdoing and would continue to insist that he was not dishonest or incompetent. Yes, he had made a few mistakes, but he had been forced to work under unfavorable conditions. The forensic pathologist accused his critics of being revenge-minded defense attorneys and characterized the investigation of his work and career as a witch hunt.

     On July 23, 2010, in Dallas, Texas, Dr. Erdmann died at the age of 83.

Monday, June 16, 2025

Exposing 9th Graders to Pathological Murder

     Students in an Australian high school didn't have to wait until college to enroll in a stupid, useless course. A 9th grade teacher in Corio, a suburb of Greelong, Victoria on Australia's southeastern coast, offered a forensic psychology course devoted to the study of serial killers. That begged the question: what educational goal was being met here? Was studying a tiny subculture of deviants with homicidal personality disorders a good way to give 14-years-olds a realistic perception of human behavior? Were these murderous degenerates worthy of this kind of academic attention? 
     This 9th grade professor of prolific, pathological homicide gave his (or her) students two weeks to complete a "Serial Killer Investigation Assignment." The twenty students taking the class were asked to complete ten out of a possible twenty "activities" related to the study of serial killers, their lives and their victims. Instead of the boring stuff, these students learned about American serial killers David Berkowitz (Son of Sam), Ted Bundy, and the man who killed and ate young men, Jeffery Dahmer. The Australian students also studied Hannibal Lector, the fictitious, erudite consumer of human flesh. 

     What follows are some of the"Serial Killer Investigation Assignment" activities students could choose from:

     Draw a cartoon panel about how your serial killer murdered someone. This is a good one for a kid with artistic ability who has selected a serial killer like John Wayne Gacy. Gacy, an amateur clown, tricked his young male victims into handcuffing themselves before he slowly strangled them to death. Mr. Gacy buried the dead boys' bodies under his house in Chicago. The visuals here could be great. These students of sadistic, multiple murder could identify with Mr. Gacy who was himself an artist. Maybe they could copy his style and technique. Or maybe they could do a cartoon of him dying in the execution chamber. 

     Choose two serial killers, compare them and decide which of them is worse and why. This is a good exercise for  students who want to be criminal defense attorneys when they grows up. A student might select Donald Harvey, the Ohio angel of death who murdered hundreds of terminally ill hospital patients by poisoning them to death. Mr. Harvey could be compared to Ted Bundy who raped and murdered dozens of young women. In choosing Harvey over Bundy, the student could argue that all of Bundy's victims were young pretty women, while Donald Harvey just killed old people who were going to die soon anyway. Encouraging a 14-year-old see the good side of a serial killer may not be a good idea.

     Write a poem about a serial killer. Probably the first question for the teacher regarding this assignment was: does it have to rhyme? Mixing poetry and violent death would surely get kids interested in writing on a higher level. Let's see, what rhymes with autopsy? That's a tough one.

     Create a serial killer board game with full instructions. This one is ambitious. But it's a good exercise because it forces the student to spend hours and hours thinking about sadistic, pathological murder. How about adapting "Chutes and Ladders" to "Tunnels and Dungeons," or "Whips and Chains." Maybe the student could convert a Monopoly board. Instead of real estate, the player lands on potential murder victims. In this game, however, there is no get-out-of jail card.

     Make a children's book which teaches them about serial killers. The goal here, I guess, is to get toddlers interested in multiple homicide. Full color illustrations depicting the various ways serial killers go about their business would be quite instructive. Teaching kids at a young age how to commit serial murder would be, I imagine, an excellent anti-bullying measure.

     Draw a floor plan of a serial killer's "dream house." This is a good assignment for students who want to grow up to be sadistic architects. It goes without saying that the dwelling would feature a torture chamber, a dissecting room, a library of snuff videos and a large but private back yard. I would also suggest a good ventilation system and a large incinerator.

     Ken Massari, the principal of the Australian high school that employed the 9th grade teacher didn't know about the serial killer course until he read about it in the local press. Apparently a parent had complained to the media. The principal pulled the plug on the course which including killing the teacher's homework assignments. To a reporter, Massari said that "Upon review, I made the decision to withdraw the assignment immediately and permanently, and our trained staff contacted each family to determine if any support was required." 
     While presumably fired and banned from teaching, the fate of this teacher was not made public.

Sunday, June 15, 2025

Don't Bring Your Guns to Gonzaga

     In the fall of 2013 Gonzaga University students Erik Fagan and Daniel McIntosh resided in a university owned off-campus apartment complex in Spokane, Washington. The seniors at this Jesuit institution were good students who had never been in trouble with the law or the school. But thanks to an uninvited and unwelcome visit to their apartment by a total stranger that all changed.

     On the night of October 24, 2013 John M. Taylor, a 29-year-old man with six felony convictions that included drug possession, unlawful imprisonment and riot with a deadly weapon, knocked on roommates' apartment door. When Erik Fagan answered the knock he encountered a black man who boldly asked for $15. Not feeling comfortable giving a stranger money simply because he asked for it, Fagan offered Taylor canned food and a blanket.

     Rather than accept the gifts and walk away, Mr. Taylor entered the apartment and demanded the money. At this point, with an intruder in the dwelling who wanted cash, Erik called out for Daniel McIntosh.

     Fagan's roommate entered the room carrying a loaded 10 mm Glock pistol. The sight of the firearm was enough to prompt the intruder's prompt retreat from the apartment.

     While running a potential robber out of their apartment by exhibiting a gun was the right thing to do, reporting the incident to the campus police department turned out to be a mistake.

     The roommates were visited that night by officers with the Spokane Police Department accompanied by Gonzaga security personnel. After receiving a description of the intruder, police officers took John Taylor in for questioning a short time later.

     If Fagan and McIntosh thought they acted responsibly and could move on with their lives, they were wrong. Gonzaga administrators, now aware that two of their off-campus students were living under the same roof with a firearm were horrified. Possessing that weapon violated the school's zero-tolerant policy of no guns on campus owned property.

     Rather than wait for daybreak, several campus police officers at two that morning rousted Fagan and McIntosh out of bed.

     Gonzaga officers not only confiscated Daniel McIntosh's pistol, they seized Erik Fagan's shotgun.

     McIntosh's firearm was given to him by his grandfather. The student, in complying with the law, had acquired a state-issued permit to carry a concealed weapon. Fagan possessed the shotgun because he liked to hunt.

     On November 8, 2013 a panel of university personnel at a disciplinary hearing found Fagan and McIntosh guilty of possessing guns on school property and putting others in danger.

     The guilty students, due to public outrage over the university's handling of this case, were placed on probation. The boys probably would have been expelled.
     As for John Taylor, he was not charged. In the weird world of academia, John Taylor, the criminal, was considered the victim.

Saturday, June 14, 2025

Pioneers of Fingerprint Identification

     In 1901 Scotland Yard became the world's first law enforcement agency to routinely fingerprint its arrestees. Fingerprints came to America in 1904 when the St. Louis Police Department established its fingerprint bureau. Before fingerprinting, arrestees in Europe and America beginning in the late 1870s were identified by sets of eleven body measurements, a system created by the Frenchman Alphonse Bertillon. By 1914, the year of Bertillon's death, fingerprinting had replaced anthropometry in every county but the United States where, in several jurisdictions, the outdated and cumbersome identification system stuck around until the early 1920s. Until Alphonse Bertillon and the fingerprint pioneers came up with methods of scientifically identifying criminals, law enforcement remained in the dark ages. For this reason Alphonse Bertillon is considered one of the founding fathers of modern policing.

     Beyond the use of fingerprint science to maintain and classify arrest records, and to identify arrestees who are wanted in other jurisdictions, crime scene fingermarks, so-called latent fingerprints, constitute one of the most common forensic techniques of linking suspects to the sites of their offenses. While latent prints can be made visible by various chemicals, iodine fuming, superglue fumes and laser technology, the most common method of bringing out and preserving this type of crime scene evidence, particularly on hard surfaces, involves the application of a fine powder and lifting tape. (This explains the phrase, the latent was lifted from the scene.)

     In 1911 a  Chicago judge, in a first of its kind case, allowed a latent fingerprint into evidence as proof of the defendant's guilt. Since then crime scene latent fingerprint identifications have sent tens of thousands of criminals to prison. The beauty of crime scene fingerprint examination involves the fact it doesn't take high technology or great skill and education to recover this form of trace evidence. Moreover, the comparison of crime scene latents and known fingerprints does not require an advanced degree in science. Jurors can look at a courtroom exhibit in the form of side-by-side enlarged photographs of the two prints depicting their points of joint identify. Unlike DNA identification which requires a leap of faith in science, the matching of a known and unknown fingerprint simply requires good eyesight and faith in the integrity of the evidence. (There have been, however, lapses in the fingerprint integrity aspect of latent fingerprint identification.)

     Today, crime scene latents can be fed into a supercomputer--the Automated Fingerprint Identification System (AFIS)--and matched with single, digitized fingerprints stored in the computer's massive data base. Identifying unknown crime scene latents this way is one of the few instances where forensic scientists can solve and prove cases. When AFIS became operational in the late 1980s crusaders for the professionalization of criminal investigation and the increased use of forensic science in crime solving envisioned the dawn of a new era in law enforcement much like the introduction of fingerprint science at the beginning of the Twentieth Century.

     America's forensic science pioneers of the early Twentieth Century hoped for a future in which the police would defeat crime through latent fingerprint identification and other forms of forensic science. These early crusaders for scientific crime investigation could not have foreseen how the war on drugs would drain law enforcement resources away from forensic science and criminal investigation. These men would have been shocked and dismayed by the low status and poor results of crime solving in modern law enforcement. 

Friday, June 13, 2025

The Diane McDermott Murder Case

     Americans have enjoyed detective fiction since the 1930s. The early police detectives of literature and film were far more impressive than their thick-skulled real-life contemporaries. In the U.S. criminal investigation as practiced by the police didn't become anything resembling a profession well into the 20th Century. The first widely read criminal investigation textbook didn't come out until 1958. (Criminal Investigation by Charles O'Hara) Colleges and universities didn't start criminal justice programs until the early 1970s and most of them were puerile.

     As late as the 1950s and 60s police detectives, instead of employing interrogation techniques to acquire confessions, simply beat suspects until they broke down and confessed. In the 1940s Fred Inbau of Northwestern University Law School developed a set of interrogation techniques designed to psychologically induce admissions of guilt without the use of force. As a polygraph examiner in the Chicago Crime Lab he knew that confessions beat out of people by the Chicago Police were unreliable, not to mention inhumane. Inbau's methods, however, weren't universally practiced until after the 1966 Supreme Court decision Miranda v. Arizona. Detectives liked the third-degree and old habits were hard to break.

     During the first half of the 20th Century and beyond police detectives didn't routinely conduct professional crime scene investigations, take detailed notes, write complete case reports or submit physical evidence to crime labs. Crimes were not systematically investigated and solved, and if a case didn't present an obvious suspect, detectives quickly closed it. Crime novelists and their readers loved murder mysteries, cops didn't. Homicide detectives regularly ignored or bungled murder cases, no one knew how to investigate arson and burglars were rarely caught because these crimes did not produce eyewitnesses. Most rape complaints received no investigation whatsoever. Cops who wore suits and carried gold badges were detectives in name only. (The word "detective" wasn't introduced into the English language until 1853 when Charles Dickens coined the term in his novel Bleak House.)

     Today, police detectives are well-paid and have access to cutting edge forensic science. They also can avail themselves of all sorts of relevant education and training. Still, in some big cities, small towns and suburban communities, criminal investigations are regularly bungled due to indifference, laziness, corruption and a shortage of qualified personnel. Modern law enforcement is principally focused on street crime and the war on drugs. Criminal investigation has taken a backseat to these law enforcement priorities. The nation's crime labs are also underfunded and understaffed. 

The Diane McDermott Case

     A murder ignored by the police in 1967 drew attention in the spring of 2012 because the victim's son, a TV actor named Dylan McDermott, prevailed upon the authorities to take a second look at his mother's violent death. The Diane McDermott case is one of thousands of suspicious deaths in the past 100 years never investigated seriously or competently by the police.

     In 1967 Diane McDermott lived in a Waterbury, Connecticut apartment with her 5-year-old son Dylan, her 7-month-old daughter Robin and John Sponza, her 27-year-old boyfriend. In February of that year Sponza shot Diane McDermott in the head at point-blank range, placed a handgun next to her body that wasn't the firearm he shot her with, then called the police. Sponza, a heroin addict with organized crime connections, told detectives with the Waterbury Police Department that Diane had picked up the gun he had been cleaning and accidentally shot herself in the head.

     Police interviews of Dylan McDermott, neighbors and friends of the victim contradicted Sponza's claim that he and Diane rarely argued. Dylan said he had seen the boyfriend, who once locked him out of the apartment, point a gun at his mother. Moreover, the two of them were often heard yelling at each other.

     Following a cursory investigation the Waterbury Police closed the McDermott case as an accidental shooting. Four years later police in Waltham, Massachusetts found Mr. Sponza's body in the trunk of a car parked in front of a a grocery store.

     The fact Sponza had murdered Diane McDermott in 1967 before DNA and other forensic science breakthroughs did not excuse the bungling of this case. (I don't know if McDermott's body was autopsied, or if a forensic pathologist recovered the fatal bullet. Media coverage of the case was focused on the actor's angst.) Even if the fatal slug had been too damaged for microscopic comparison with a test-fired bullet from the death scene handgun, a forensic firearms identification expert could have determined if the two projectiles were the same caliber. The victim's hands could have been tested for traces of gunshot residue and the firearm next to her body could have been processed for latent fingerprints.

     In June 2012 Dr. H. Wayne Carver, the medical examiner for the state of Connecticut, reviewed the McDermott case file and concluded the gun next to the victim's body was too small a caliber to have fired the fatal shot. In his report Dr. Carver wrote, "The wound also showed that the murder weapon had been pressed to the back of the head." (This suggested that the victim had been autopsied and photographs had been taken.)

     Since people don't accidentally shoot themselves in the back of the head, Diane McDermott was murdered and the last person to have seen her alive was John Sponza.

     While the detectives in charge of the McDermott case could have been incompetent, lazy or simply indifferent, they may have also been corrupt. Although the Connecticut criminal justice system failed to do its job in this case, John Sponza ended up where he belonged, dead in the trunk of a car.