the forensic examiner (sample) - fall 2008

Terror on YouTubeExaminer Finds Web SitesStill Feature Propaganda

for Terrorist Groups

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Holmes, This Forensic Inspector Solved Mysteries

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Virginians LeadCrusade to Reverse

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MEMBERS: FREE ONLINE JOURNAL-LEARNING CEs

ADULT CHILDRENWHO KILL THEIR PARENTS

Frank Perri, Terrance Lichtenwald, and Paula Mackenzie, authors of “The Lull Before the Storm: Adult Children Who Kill Their Parents”

FBI CITIZENS ACADEMY: Citizens Urged to Take Active Roles in Helping Vital Mission of the FBI

$7.50 U.S./$9.50 CAN

ACFEI Offers New Course

Combating Terrorism Homeland Combatives Course Teaches Devastatingly Effective Techniques

“We have been researching this program for years, and Dr. O’Block and I have finally developed what we feel is the most effective close-quarter combat training available on the market today,” says Dill, the main instructor of Homeland Combatives. “The primary focus of the course is on anti-terror-ist training, resulting in the extreme neutralization or termination of the terrorist. This material is not for the typical self-defense applications, but to be used only in serious, life-threatening situations.” Standard forms of martial arts tend to take a cue from Hollywood action movies, using high kicks and fancy spins that look impressive but leave key targets on the body open and vulnerable to attack.

Anyone who has encountered an actual combat situation knows that there is no time for theatrics when an opponent is closing in. Dill and O’Block created the course to offer those whose careers put them in potentially life-threatening situations a pre-cise, efficient, and deadly approach to close-quarter combat. “The Homeland Combatives program is not even close in comparison to the typical training that you find down at the karate school in your local strip mall, for there are no sport aspects, rituals, aesthet-ics, or fancy acrobatics … only realistic, effective, close-quarters combat training for the person who does not intend to become a victim,” says Dill. “The instruction is geared for dealing with the re-ality of combat, either on the battlefield or on the street.” In addition to the DVDs, students training un-der the Homeland Combatives program will have the opportunity to contact Dill through e-mail or phone calls. Dill will also present a workshop at the 2008 CHS/ACFEI National Conference in San Diego in September. Special private instruc-tions and group training seminars with Dill are also available for an extra fee. Dill and O’Block have combined the most ef-fective fighting techniques from Jeet Kune Do, Ju-Jitsu, Kempo, and other forms of martial arts to create a truly efficient fighting system. Homeland Combatives employs fast, deceptive hand strikes and punches, punching and striking combina-tions, low-level powerful kicks and knees to legs, footwork and evasive movements, attack and enter tactics, breaking out of restraining holds, weapon defense, gun disarms, knife fighting, stick fighting, grappling skills, bone-breaks, chokes, neck-breaks, and more to “break, maim, and kill” the would-be attacker. According to Dill, students do not need to be in above-average physical shape to successfully com-plete the 12-level Homeland Combatives course. “[The course] is easy to learn and extremely ef-fective, using common sense as the common de-nominator,” says Dill. “It is based upon knowledge and technical skill, the proper warrior mindset, and reasonable physical activity. Students have trained under me well into their late 60s.” Homeland Combatives was recently named “The Most Innovative Training Program for 2008”

s Grandmaster Gary Dill (left) and co-founder Dr. Robert L. O’Block (right) spearhead the Homeland Combatives Program.

I f any of the passengers or crewmembers of the airplanes hijacked on 9/11 had been trained effectively in close-quarter combat, could the Twin Towers and the Pentagon—and the nearly 3,000 people who lost their lives that day—have been saved?

Homeland Combatives, an award-winning self-defense course created by Grandmaster Gary Dill and Dr. Robert O’Block, is based on the theory that indi-viduals, equipped with proper knowledge and effective martial arts techniques, have the power to prevent devastating terrorist attacks such as the ones of Sept. 11. The 12-level DVD course is available only to members of CHS and ACFEI and to those in the military, law enforcement, and related government agencies.

By Ingrid Caldwell

2 THE FORENSIC EXAMINER Fall 2008 www.acfei.com

phone: (800) 423-9737 | fax: (417) 881-4702 | web: www.acfei.com

The American College of Forensic Examiners Institute (ACFEI) is an independent, scientific, and professional society that serves as the national center for the continued advancement of forensic examination and consultation across the many professional fields of forensic science. There are five levels of membership and 13 different specialty boards designed to benefit you in your forensic specialty.

Earn Continuing Education credits, receive The Forensic Examiner® in the mail, network with other members across disciplines, and take advantage of the membership credit card service and insurance benefits available to members today. Members can also market their services, works, or products on the ACFEI Web site or in The Forensic Examiner at a reduced rate.

Don’t wait to become a valued member of this growing and nationally recognized professional organization committed to benefiting you.

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by the World Head of Family Sokeship Council (WHFSC), the world’s largest and most presti-gious grandmasters martial arts organization. At the WHFSC’s annual event, O’Block and Dill were also inducted into the World Martial Arts Hall of Fame as the co-founders of Homeland Combatives. Grandmaster Dill, a 10th degree black belt, has been involved in martial arts for 45 years. For near-ly three decades, he has been considered one of the nation’s foremost experts in Jeet Kune Do, teach-ing thousands of students worldwide, writing nu-merous articles on the topic for Black Belt, Inside Kung Fu, and other martial arts magazines, and producing a series of comprehensive Jeet Kune Do home-study videos. Dill was one of a few original students to train at one of Bruce Lee’s three Jeet Kune Do schools while Lee was still alive. His in-terest in law enforcement and justice has led him to many different positions, including NCIS fed-eral special agent, state police criminal investigator, chief of police, and senior police defensive tactics instructor. He founded SDS Combat Systems and has more than 42 years of experience training law enforcement, military, and civilian personnel. A Vietnam veteran, Dill has served in the U.S. Marine

Corps and the U.S. Navy. He also holds a degree in police science and has studied criminal justice administration at the post-graduate level. “I feel that many of you share my experiences and background, and I want you to have confidence that you will receive the finest instruction available in close-quarters combat,” says Dill. O’Block conceived of Homeland Combatives after the terrorist attacks of Sept. 11 and spent time looking for an active instructor with great credentials. He found his match in Grandmaster Dill. O’Block, like Dill, has spent most of his life studying various forms of martial arts, taking Judo at a local YMCA when he was 15 years old and subsequently earning several black belts, two from Grandmaster Wayne Carmen and one from Dill. “I’ve studied martial arts on and off my entire life,” O’Block says. “A lot more off than on, be-cause most local programs drag out the training to make more money and a lot of what they teach is sport not self defense. There is a big difference.” O’Block estimates that it would cost an aver-age of $7,000 to attain black belt status at a typi-cal storefront martial arts school. Additionally, attending classes at a standard school and work-

Awarded “The

Most Innovative

Training Program

for 2008”The World Head of Family Sokeship Council (the world’s largest and most prestigious grandmasters martial arts organization)

ing up through the belt system would take a long time—time that law enforcement or military offi-cials might not be able to make in their schedules. Homeland Combatives is meant to condense the process of earning a black belt into the most effi-cient system for those with packed schedules. The DVD training format allows students to train at their own homes and offices. “Our members are busy professionals,” says O’Block. “Homeland Combatives doesn’t waste anyone’s time.” Upon completing the 12th level of the program, Homeland Combatives students have the oppor-tunity to test for a black belt, demonstrating their knowledge and skill in front of Grandmaster Dill. The test will last several hours and will incorpo-rate techniques from all 12 levels of the program. Students who pass the black belt test will receive official Homeland Combatives recognition as well as an actual black belt issued through the Homeland Combatives training organization and

the Self-Defense Systems International Martial Arts Federation. “This is a world-wide recognized certification which reflects in the member a high level of skill in specialized combatives, and gives the member a sense of personal accomplishment,” says Dill. According to Dill, however, the primary benefit of completing the course is that members will gain the ability to stop a potential terrorist attack and to save their own lives and the lives of others. O’Block agreed. “In almost all of the traditional training I have taken, I have seen flaws—in some cases major flaws,” said O’Block. “Had more people been trained who were aboard those airplanes, 9/11 would not have happened. You have 40–125 pas-sengers against only three or four hijackers with a couple of box cutters. Now we know better. Yes, there still would have been injuries if passengers had been trained, but 3,000 lives would not have been lost.” n

For more information on purchasing the Homeland Combatives course, please contact Grandmaster Gary Dill at [email protected] or Dr. Robert O’Block at [email protected]. Information is also available online at www.hc.acfei.com.


“The Most Innovative Training Program for 2008”“The Most Innovative Training Program for 2008”

Call Today to Purchase Your Copy at a Special Introductory Price (800) 423-9737

COURSE INCLUDES:12 Disk DVD setTraining Manual

http://hc.acfei.com

Years of training and research have gone into the development of the Homeland Combatives training program, co-founded by Professor Gary Dill, grandmas-ter of the martial arts, and Dr. Robert O’Block. Homeland Com-batives has extracted the most effective fighting techniques (punching, striking, kicking, grappling, use of weapons) from a variety of martial arts (Jeet Kune Do, Ju-Jitsu, Kempo, and more) and formulated the most unique and innovative close-quarters combat training program on the market today.

Homeland Combatives is for-mulated for use in hand-to-hand

combat in terrorist confrontations, military battlefield combat, and

for your personal protection when dealing with a life threatening

situation. This is serious training using deadly techniques for use

in the street or on the battlefield. There are no sport competitions,

rituals, forms, or katas…only realistic, effective close-quarters combat training for the person

who does not intend to become a victim. Black Belt testing and certifi-cation is optional and available for

Homeland Combatives students.

AWARDED

FIGHT FORYOUR COUNTRY!

The World Head of Family Sokeship Council (the world’s largest and most prestigious grandmasters martial arts organization)

Chief Instructor:PROFESSOR GARY DILL

Co-Founder:DR. ROBERT O’BLOCK


Feature Articles

FORENSICEXAMINER®

THE

The Official Peer-Reviewed Journal of The American College of Forensic Examiners VOLUME 17 • NUMBER 3 • Fall 2008

The American College of Forensic Examiners International (ACFEI) does not endorse, guarantee, or warrant the credentials, work, or opin-ions of any individual member. Membership in ACFEI does not constitute the grant of a license or other licensing authority by or on behalf of the organization as to a member’s qualifications, abilities, or expertise. The publications and activities of ACFEI are solely for informative and educational purposes with respect to its members. The opinions and views expressed by the authors, publishers, or presenters are their sole and separate views and opinions and do not necessarily reflect those of ACFEI, nor does ACFEI adopt such opinions or views as its own. The American College of Forensic Examiners International disclaims and does not assume any responsibility or liability with respect to the opinions, views, and factual statements of such authors, publishers, or presenters, nor with respect to any actions, qualifications, or represen-tations of its members or subscriber’s efforts in connection with the application or use of any information, suggestions, or recommendations made by ACFEI or any of its boards, committees, publications, resources, or activities thereof.

Write about a fascinating forensic case. Case studies exploring forensic investigations on any topic, case, or crime—including deception, theft, murder, historical cases, and any others—are welcome. These case studies could discuss serial killers, famous fraudsters, cold cases, or any other type of case. Case studies should focus on how forensic techniques, tools, and investigations were used to break the case or solve a mystery. These could be cases you’ve worked on or simply cases that fascinate you.

Submit an article for peer review. The Forensic Examiner® is always looking for articles on research, new techniques, and findings in the various fields of forensics. To submit an article for peer review, or for complete submission guidelines, please visit www.acfei.com or write to [email protected].

How to Submit:Whether you wish to submit an article for peer review, a fascinating case or forensic case profile, or an article on a current issue in the field of forensics, send your writing electronically (either in the body of an email or as an attachment) to [email protected]. Or, send in your writing on a disc or CD to Editor, Association Headquarters, 2750 E. Sunshine, Springfield, MO 65804.

FBI Pairs with Community: Citizens Urged to Take Active Roles in Helping Vital Mission of the FBIBy Amber Ennis, Associate Editor

The Lull Before the Storm: Adult Children Who Kill Their ParentsBy Frank S. Perri, JD, MBA, CPA; Terrance G. Lichtenwald, PhD, FACFEI, DABFE, DABFM, DABPS; and Paula MacKenzie, MSEd

Necrotic Spider or Tick Bite: Warning against Dermal TherapiesUsing Heat or Other VasodilatorBy Cornelia Richardson-Boedler, NDM, MA, DABFE, DABFM

Post-Conviction Polygraph in the Community and Court: Raising the Bar on PCSOT ExaminersBy Kenneth E. Blackstone, DABFE, Life Member ACFEI

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Fall 2008 THE FORENSIC EXAMINER 7 (800) 423-9737

Case Studies/Current Issues

Also in this Issue

Do You Speak Body Language? Mastering the Art of Nonverbal CommunicationBy Jan Hargrave, EdS

Life Whisperer, CFC: Formidable Woman Psychologist Offers Powerful Lessons on LifeBy Darrell Barr, CFC

Payment Pitfalls Endured by the Expert Who Will be Paid for ServicesBy Jess E. Dines, BSEE, FACFEI, DABFE

Auguste Ambroise Tardieu: First Responder’s Methods Become the Standard for Future Forensic ScientistsBy Katherine Ramsland, PhD, CMI-V

Mandatory Minimums:Tipping the Scales of JusticeBy Bruce Gross, MBA, JD, PhD, FACFEI, DABFE, DABPS, DABFM, FAPA

Terrorists Finding Internet to Be Fertile Ground for Spreading PropagandaBy Ingrid Caldwell

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Reviews of Books Written by ACFEI Members

Falsely Accused: Truth in Justice Organization Uses Web Site to Fight for Rights of Wrongly Accused

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The Forensic Examiner Creed

I do affirm that:I shall investigate for the truth.

I shall report only the truth.I shall avoid conflicts of advocacies.

I shall conduct myself ethically.I shall seek to preserve the highest standard of my profession.

As a Forensic Examiner, I shall not have a monetary interest in any out-come of a matter in which I am retained.

I shall share my knowledge and experience with other examiners in a professional manner.

I shall avoid conflicts of interest and will continue my professional development throughout my career through continuing education, semi-

nars, and other studies. As a Forensic Examiner, I will express my expert opinion based only

upon my knowledge, skill, education, training, and experience. The light of knowledge shall guide me to the truth and with justice the

truth shall prevail. To all these things, I affirm to uphold.


Chair of the Executive Board of Advisors: David E. Rosengard, RPh, MD, PhD, MPH, FACFEI, DABFE, DABFM, FACA (apoth.), Chair, American Board of Forensic MedicineVice Chair of the Executive Board of Advisors: Michael Fitting Karagiozis, DO, MBA, CMI-V, Chair, American Board of Forensic ExaminersMembers of the Executive Board of Advisors:John H. Bridges III, DSc (Hon.), CHS-V, DABCHS, FACFEI, Chair, American Board for Certi-fication in Homeland SecurityDoug E. Fountain, PhD, DABFSW, Chair, American Board of Forensic Social Workers Raymond F. Hanbury, PhD, ABPP, FACFEI, DABFE, CHS-III Lee Heath, CHS-V, DABCHS, Chair, American Board of Law Enforcement ExpertsBrian L. Karasic, DMD, DABFD, DABFM, DABFE, Chair, American Board of Forensic Dentistry Marilyn J. Nolan, MS, DABFC, Chair, American Board of Forensic Counselors Thomas J. Owen, BA, FACFEI, DABRE, DABFE, Chair, American Board of Recorded Evidence Jamie J. Ferrell, RN, BSN, SANE-A, FACFEI, DABFN, DABFE, CFN, Chair, American Board of Forensic NursingMichael G. Kessler, Cr.FA, CICA, FACFEI, DABFA, DABFE, Chair, American Board of Forensic AssociationVincent B. VanHasselt, PhD, DABCIP, Chair, Ameri-can Board of Critical Incident ProfessionalsBen Venktash, MS, DABFET, DABFE, Chair, Ameri-can Board of Forensic Engineering and Technology

The Forensic Examiner® (ISSN 1084-5569) is published quarterly by The American College of Forensic Examiners International, Inc. (ACFEI). Annual membership for a year in the American College of Forensic Examiners International is $165. Abstracts of articles published in The Forensic Examiner® appear in National Criminal Justice Reference Service, Cambridge Scientific Abstracts, Criminal Justice Abstracts, Gale Group Publishing’s InfoTrac Database, e-psyche database, and psycINFO database. Periodicals Postage Paid at Springfield, Missouri, and additional mailing offices. © Copyright 2008 by the American College of Forensic Examiners International. All rights reserved. No part of this work can be distributed or otherwise used without the express permission of the American College of Forensic Examiners International. The views expressed in The Forensic Examiner® are those of the authors and may not reflect the official policies of the American College of Forensic Examiners International.

CONTACT US:Publication, editorial, and advertising offices of ACFEI, 2750 East Sunshine Street, Springfield, MO 65804. Phone: (417) 881-3818, Fax: (417) 881-4702, E-mail: [email protected]. Subscription changes should be sent to ACFEI, 2750 East Sunshine, Springfield, MO 65804.

POSTMASTER:Send address changes to American College of Forensic Examiners International, 2750 East Sunshine Street, Springfield, MO 65804.

ACFEI Executive Advisory Board

Louay Al-Alousi, MB, ChB, PhD, FRCPath, FRCP(Glasg), FACFEI, DMJPath, DABFM, FFFFLMNicholas G. Apostolou, DBA, DABFA, CPALarry Barksdale, BS, MA E. Robert Bertolli, OD, FACFEI, CHS-V, CMI-VKenneth E. Blackstone, BA, MS, CFCDavid T. Boyd, PhD, DBA, CPA, CMA, CFM, Cr.FAJules Brayman, CPA, CVA, CFD, DABFAJohn Brick, PhD, MA, DABFE, DABFM Richard C. Brooks, PhD, CGFM, DABFESteve Cain, MFS, DABFE, DABRE, FACFEI , MF-SQDDennis L. Caputo, MS, DABFET, REM, CEP, CHMM, QEP Donald Geoffrey Carter, PE, DABFETDavid F. Ciampi, PhD, FACFEI, DABPSLeanne Courtney, BSN, DABFN, DABFELarry Crumbley, PhD, CPA, DABFEJean L. Curtit, BS, DC Andrew Neal Dentino, MD, FACFEI, DABFE, DABFM Francisco J. Diaz, MDJames A. DiGabriele, DPS, CPA, CFSA, DABFA, Cr.FA, CVAJohn Shelby DuPont Jr., DDS, DABFD Scott Fairgrieve, Hons. BSc, MPhil, PhD, FAAFSEdmund Fenton, DBA, CPA, CMA, Cr.FA Per Freitag, PhD, MD, FACFEI, DABFE, DABFMNicholas Giardino, ScD, FACFEI, DABFEDavid H. Glusman, CPA, DABFA, CFS, Cr.FAKaren L. Gold, PysD, FACFEI, DABPSRon Grassi, DC, MS, FACFEI, DABFMJames Greenstone, EdD, JD, FACFEI, DABFE, DABFM, DABPS, DABCIPRoy C. Grzesiak, PhD, PCRichard C. W. Hall, FACFEI, DABFM, DABFE, MD, FAPA, FAPM, FACPsychRaymond F. Hanbury, PhD, ABPP, FACFEI, DABFE, DABPS, CHS-IIIJames Hanley III, MD, DABFMNelson Hendler, MD, DABFMDavid L. Holmes, EdD, BCAP, BCPS, BCBS, FACFEI, DABFE, DABPSLeo L. Holzenthal Jr., PE, DABFET, MSE, BSEE, FACFEILinda Hopkins, PhD, CFC John R. Hummel, PhD, CHS-IIIEdward J. Hyman, PhD, FACFEI, DABFE, DABFM, DABPSZafar M. Iqbal, PhD, FACFEI, DABFE, DABFM Nursine S. Jackson, MSN, RN, DABFNPaul Jerry, MA, C.Psych., PhD, DAPA, DABFCScott A. Johnson, MA, DABPS, DAACCEPhilip Kaushall, PhD, DABFE, DABPS

Eric Kreuter, PhD, CPA, CMA, CFM, DABFA, FACFEI, SPHRRonald G. Lanfranchi, DC, PhD, DABFE, DABFM, DABLEE, CMI-IVRichard Levenson, Jr., PsyD, DABFE, DABPSMonique Levermore, PhD, FACFEI, DABPS Jonathon Lipman, PhD, FACFEI, DABFE, DABPS, DABFMJudith Logue, PhD, FACFEI, DABFSW, DABPS, DABFE, DABFMJennie Martin-Gall, CMT, CMI-IMike Meacham, PhD, LCSW, DCSW, DABFSWDavid Miller, DDS, FACFEI, DABFE, DABFM, DABFDJohn V. Nyfeler, FAIA, LEED-APJacques Ama Okonji, PhD, FACFEINorva Elaine Osborne, OD, FAAO, CMI-IIITerrence O’Shaughnessy, DDS, FACFEI, DABFDGeorge Palermo, MD, FACFEI, DABFE, DABFMRonald J. Panunto, PE, BSEE, CFEILarry H. Pastor, MD, FAPA, FACFEI, DABFE, DABFMTheodore G. Phelps, CPA, DABFAMarc Rabinoff, EdD, FACFEI, DABFEHarold F. Risk, PhD, DABPSSusan P. Robbins, PhD, LCSW, DCSW, LCDC, DABFSW, BCDJane R. Rosen-Grandon, PhD, DABFCDouglas Ruben, PhD, FACFEI, DABFE, DABFM, DABPSJ. Bradley Sargent, CPA, CFS, Cr.FA, DABFA, FACFEIWilliam Sawyer, PhD, FACFEI, DABFE, DABFMVictoria Schiffler, RN, DABFNJohn V. Scialli, MD, FAACAP, DAPA, DABFE, DABFMHoward A. Shaw, MD, DABFMHenry A. Spiller, MS, DABFE, FACFEIMarylin Stagno, PsyD, RN, DABFE, DABFM, DABPSRichard I. Sternberg, PhD, DABFE, DABPS, FABVE, FFAPPJames R. Stone, MD, MBA, CHS-III, DABFE, DABFMJohann F. Szautner, PE, PLS William A. Tobin, MA, DABFET, DABLEERobert Tovar, BS, MA, DABFE, DABPS, CHS-IIIBrett C. Trowbirdge, PhD, JD, DABPSJeff Victoroff, MA, MD, DABFE, DABFMPatricia Ann Wallace, PhD, FACFEI, DABFE, DABFMRaymond Webster, PhD, FACFEI, DABFE, DABFMDean A. Wideman, MSc, MBA, CFC, CMI-III

2008 Editorial Advisory BoardFORENSICEXAMINER®

Publisher:Robert L. O’Block, MDiv, PhD, PsyD, DMin ([email protected])

Editor in Chief:John Lechliter ([email protected])

Executive Art Director:Brandon Alms ([email protected])

Associate Editor:Amber Ennis ([email protected])

Assistant Editor:Kara Goeke ([email protected])

Advertising:John Lechliter ([email protected])(800) 423-9737, ext. 174

THE


The American College of Forensic Examiners Executive Advisory Boards

AMERICAN BOARD OF CRITICAL INCIDENT PROFESSIONALSOriginally The American Board of Examiners in Crisis InterventionChair of the Executive Board of Crisis and Emergency Management Advisors: Vincent B. VanHasselt, PhD, DABCIPSecond Vice Chair: Kent Rensin, PhD, DABCIPMembers of the Executive Board of Crisis and Emergency Management Advisors:Sam D. Bernard, PhD, DABCIPMonica Beer, PhD, DABCIPMarie Geron, PhD, DABCIPRaymond Hamden, PhD, FACFEI, DABPS, DABCHS, DAPA, CFC, CMI-V, CHS-V, DABCIPMarilyn Nolan, MS, DABFC, DABCIPRev. Roger Rickman, DABCIP, CHS-V, DABCHS, CFC, CMI-I, FACFEIDebra M. Russell, PhD, CMI-V, CRC, CISM, DABCIPDorriss Edward Smith, Col. U.S. Army, CHS-V, DABCIPAlan E. Williams, MS, CHS-V, DABCIPFounding Members of the Board of Crisis Intervention:James L. Greenstone, EdD, JD, DABCIPW. Rodney Fowler, EdD, PhD, DABCIPSharon C. Leviton, PhD, DABCEIPEdward S. Rosenbluh, PhD, DABECI (1937-2000)

AMERICAN BOARD OF FORENSIC ACCOUNTINGChair of the Executive Board of Accounting Advisors: Michael G. Kessler, Cr.FA, CICA, FACFEI, DABFA, DABFEMembers of the Executive Board of Accounting Advisors:Stewart L. Appelrouth, CPA, CFLM, CVA, DABFA, Cr.FA, ABVGary Bloome, CPA, Cr.FAJules J. Brayman, CPA, ABV, CVA, CFFA, FACFEI, DABFAStephen E. Cohen, CPA, ABV, FACFEI, DABFA, Cr.FA, CVAD. Larry Crumbley, PhD, CPA, DABFA, Cr.FA, CFFA, FCPAJames A. DiGabriele, CPA, ABV, CFSA, Cr.FA, FACFEI, CVAJune Dively, CPA, DABFA, Cr.FADavid Firestone, CPADavid H. Glusman, CPA, FACFEI, DABFA, Cr.FAEric A. Kreuter, PhD, CPA, CMA, CFM, FACFEI, DABFA, SPHR, CFD, CFFA, BCFTRaimundo Lopez Lima Levi, CPA, DABFADennis S. Neier, CPA, DABFASandi Peters, CPA, Cr.FAJay J. Shapiro, CPA, DABFA

AMERICAN BOARD OF FORENSIC COUNSELORSChair of the Executive Board of Counseling Advisors: Marilyn J. Nolan, MS, DABFCVice Chair of the Executive Board of Counseling Advisors: Steven M. Crimando, MA, CHS-IIIChair Emeritus: Dow R. Pursley, EdD, DABFCMembers of the Executive Board of Counseling Advisors:George Bishop, LPC, LAT, LAC, FACFEI, DABFELaura W. Kelley, PhD, DABFC, LPCRobert E. Longo, FACFEI, DABFCKathleen Joy Walsh Moore, DABFC, CHS-IIIDeeAnna Merz Nagel, MEd, LPC, CRC, DCC, CFCIrene Abrego Nicolet, PhD, MA, DABFCHirsch L. Silverman, PhD, FACFEI, DABFC, DABFE, DABFM, DABPSWilliam M. Sloane, JD, LLM, PhD, FACFEI, DABFC, CHS-III, CMI-I, DACC, DCPC, FAAIM, FACC, MTAPAGary Smith, MEd, FACFEI, DABFEAva Gay Taylor, MS, LPC, DABFC

AMERICAN BOARD OF FORENSIC DENTISTRYChair of the Executive Board of Forensic Dentistry: Brian L. Karasic, DMD, MScFin, DABFD, DABFM, DABFE, FACFEIMembers of the Executive Board of Dental Advisors: Ira J. Adler, DDS, DABFDBill B. Akpinar, DDS, FACFEI, DABFD, DABFE, CMI-VStephanie L. Anton-Bettey, DDS, CMI-VJeff D. Aronsohn, DDS, FACFEI, DABFD, CMI-VSusan A. Bollinger, DDS, CMI-IV, CHS-IIIMichael H. Chema, DDS, FACFEI, DABFD, DABFEJames H. Hutson, DDS, CMI-V, DABFDJohn P. Irey, DDS, CMI-V, LLCChester B. Kulak, DMD, CMI-V, CHS-III, CFC, DABFE, DABFDMorley M. Lem, DDS, FACFEI, DABFD, DABFM, DABFEJohn P. LeMaster, DMD, DABFD, CMI-V, CHS-IIIJeannine L. Weiss, DDS

AMERICAN BOARD OF FORENSIC ENGINEERING & TECHNOLOGYChair of the Executive Board of Engineering & Technological Advisors: Ben Venktash, MS, DABFET, DABFE, CHSP, REA, FRSH (UK), FIET (UK)Vice Chair: Cam Cope, BS, DABFET, DABFE2nd Vice Chair: Ronald Schenk, MSc, MInstP, PEng (UK), CHS-IV, CMI-IChair Emeritus: David Hoeltzel, PhDMembers of the Executive Board of Engineering & Technological Advisors:Nicholas Albergo, DABFETKyle J. Clark, DABFETGeorge C. Frank, CFC, DABFERobert K. Kochan, BS, DABFET, DABFE, FACFEIJohn W. Petrelli Jr., AIA, NCABB, TAID, DABFETMax L. Porter, PhD, DABFET, DABFE, PE, HonMASCE, Parl, Dipl ASFE,

FTMS, FACI, CFCPeter H. Rast, DABFET, DABFE, DABLEE, BS, MSFS, MBAOliver W. Siebert, PE, DABFET, FACFEIKandiah Sivakumaran, MS, PE, DABFETJames W. St. Ville, MD, MS, FACFEI, DABFET, DABFMMalcolm H. Skolnick, PhD, JD, FACFEI, DABFET, DABFE

AMERICAN BOARD OF FORENSIC EXAMINERSChair of the Executive Board of Forensic Examiners: Michael Fitting Kara-giozis, DO, MBA, CMI-VChair Emeritus: Zug G. Standing Bear, PhD, FACFEI, DABFE, DABFMMembers of the Executive Board of Forensic Examiners:Jess P. Armine, DC, FACFEI, DABFE, DABFMPhillip F. Asencio-Lane, FACFEI, DABFEJohn H. Bridges, III, CHS-V, DABCHS, CHMM, FACFEI, DABCIPRonna F. Dillon, PhD, DABFE, DABPS, CMI-V, CHS-IIINicholas J. Giardino, ScD, DABFE, FACFEI, RPIH, MAC, CIHBruce H. Gross, PhD, JD, MBA, DABFE, DABFM, FACFEI, DAPAKenneth M. Gross, DC, FACFEI, DABFE, CMI-IDarrell C. Hawkins, MS, JD, FACFEI, DABFE, DABLEE, CMI-V, CHS-III, F-ABMDII, IAI-SCSA, IAAI-CFIMichael W. Homick, PhD, EdD, DABCHS, CHS-VJohn L. Laseter, PhD, FACFEI, DABFE, DABFM, CMI-V, CHS-IIIJonathan J. Lipman, PhD, FACFEI, DABFE, DABFM, DABPSLeonard K. Lucenko, PhD, FACFEI, DABFE, CPSIEdward M. Perreault, PhD, DABFEMarc A. Rabinoff, EdD, FACFEI, DABFE, CFCDavid E. Rosengard, RPh, MD, PhD, MPH, FACFEI, DABFE, DABFM, FACAJanet M. Schwartz, PhD, FACFEI, DABFE, DABFM, DABPS, CHS-VRichard Sgaglio, PhD, CMI-IV

AMERICAN BOARD OF LAW ENFORCEMENT EXPERTSChair of the Executive Board of Law Enforcement: Lee Roy Heath, CHS-V, DABLEEVice Chair of the American Board of Law Enforcement Experts: Darrell C. Hawkins, JD, DABLEE, DABFE, CHS-III, CMI-VChair Emeritus: Michael W. Homick, PhD, DABCHS, CHS-VMembers of the Executive Board of Law Enforcement Advisors: Alan Bock, CHS-III, DABLEETom Brady, CHS-V, DABLEEGregory M. Cooper, MPA, DABLEEDickson S. Diamond, MD, DABLEE, DABFEJohn E. Douglas, EdD, DABLEELes M. Landau, DO, FACFEI, DABLEE, DABFE, DABFM, CHS-IIIRonald Lanfranchi, PhD, DABLEE, DABFE, CMI-IV, FACFEI, DABFMLeonard Morgenbesser, DABLEEJohn T. Pompi, BA, DABLEE, DABFEStephen Russell, DABLEE, CMI-IIOscar Villanueva, CHS-V, DABLEEDavid E. Zeldin, MA, FACFEI, DABFE, CHS-III

AMERICAN BOARD OF FORENSIC MEDICINEChair of the Executive Board of Medical Advisors: David E. Rosengard, RPh, MD, PhD, MPH, FACFEI, DABFE, DABFM, FACA (apoth.)Vice Chair: Michael Fitting Karagiozis, DO, MBA, CMI-VMembers of the Executive Board of Medical Advisors:Terrance L. Baker, MD, MS, FACFEI, DABFM, CMI-VJohn Steve Bohannon, MD, CMI-IVEdgar L. Cortes, MD, DABFM, DABFE, CMI-V, FAAPAlbert B. DeFranco, MD, FACFEI, DABFM, DABPS, CMI-V, CHS-IIIJames B. Falterman Sr., MD, DABFM, DABFE, DABPS, CMI-IVMalcolm N. Goodwin, Jr., Col. USAF MCFS (Ret.), MD, MS, DABFM, DABFE, FCAP, FACFEIVijay P. Gupta, PhD, DABFMRichard Hall, MD, FACFEI, DABFM, DABFELouis W. Irmisch, III, MD, FACFEI, DABFM, DABFE, CMI-VE. Rackley Ivey, MD, FACFEI, DABFM, DABFE, CMI-VKenneth A. Levin, MD, FACFEI, DABFM, DABFEE. Franklin Livingstone, MD, FAAPM&R, FACFEI, DABFM, DABFE, DAAPMJohn C. Lyons, MD, FACS, MSME, FACFEI, DABFM, DABFET, DABFEManijeh K. Nikakhtar, MD, MPH, DABFE, DABPS, CMI-IV, CHS-IIIJohn R. Parker, MD, FACFEI, DABFM, FCAPAnna Vertkin, MD, CMI-V, DABFMMaryann M. Walthier, MD, FACFEI, DABFM, DABFE Cyril Wecht, MD, JD, FACFEI, CMI-V

AMERICAN BOARD OF FORENSIC NURSINGChair of the Executive Board of Nursing Advisors: Jamie J. Ferrell, RN, BSN, SANE-A, FACFEI, DABFN, DABFE, CFN, CMI-IIIVice Chair of the Executive Board of Nursing Advisors: Dianne T. Ditmer, PhD, MS, RN, DABFN, CMI-III, CFN, FACFEI, CHS-IIIMembers of the Executive Board of Nursing Advisors:Marilyn Bello, RNC, MS, CMI-V, CFC, CFN, SAFE, DABFN, DABFERose Eva Bana Constantino, PhD, JD, RN, FACFEI, DABFN, DABFE, CFN, FAANRenae M. Diegel, RN, SANE-A, CMI-III, CFC, CFN, CENLo M. Lumsden, ANP, GNP, EdD, CFN, DABFN, DABFE, CHS-IIIYvonne D. McKoy, PhD, RN, DABFN, FACFEIDiane L. Reboy, MS, RN, CFN, LNCC, CNLCP, LNCC, FACFEI, DABFN

Suzette Rush-Drake, RN, BSN, PsyD, DABFN, DABFERussell R. Rooms, MSN, RN, CMI-III, CFN, DABFN, APRNElizabeth N. Russell, RN, BSN, CCM, DABFN, BC, FACFEILeAnn Schlamb, RN-BC, MSN, CFN, DABFNSharon L. Walker, MPH, PhD, RN, CFN

AMERICAN BOARD OF PSYCHOLOGICAL SPECIALTIESChair of the Executive Board of Psychological Advisors: Raymond F. Hanbury, PhD, DABPS, DABFE, ABPP,FACFEI, CHS-III, DABPSVice Chair of the Executive Board of Psychological Advisors: Raymond H. Hamden, PhD, FACFEI, DABPS, DABCIP, DABCHS, DAPA, CFC, CMI-V, CHS-VChair Emeritus: Carl N. Edwards, PhD, JD, FAAFS, FICPP, FACFEI, DABPS, DABFE Members of the Executive Board of Psychological Advisors:Carol J. Armstrong, PhD, LPC, DABPSRobert J. Barth, PhD, DABPSMonica Beer, PhD, DABCIPJohn Brick, III, PhD, MA, FAPA, FACFEI, DABFE, DABPSAlan E. Brooker, PhD, FACFEI, DABPS, DABFM, DABFE, CMI-III, ABPP-CnBrian R. Costello, PhD, FACFEI, DABPS, DABFERonna F. Dillon, PhD, DABPS, DABFE, CMI-V, CHS-IIIBrent Van Dorsten, PhD, FACFEI, DABFE, DABFM, DABPSDouglas P. Gibson, PsyD, MPH, DABPS, CMI-V, CHS-IIIMark Goldstein, PhDThomas L. Hustak, PhD, FACFEI, DABPS, DABFERichard Lewis Levenson, Jr., PsyD, FACFEI, DABPS, DABFE, CTS, FAAETSStephen P. McCary, PhD, JD, DABFE, DABFM, DABPS, FACFEI, FAACP, DAPAHelen D. Pratt, PhD, FACFEI, DABPSDouglas H. Ruben, PhD, FACFEI, DABPS, DABFE, DABFMRichard M. Skaff, PsyD, DABPSZug G. Standing Bear, PhD, FACFEI, DABFE, DABFMCharles R. Stern, PhD, DABPS, DABFE, CMI-VJoseph C. Yeager, PhD, DABFE, DABLEE, DABPSDonna M. Zook, PhD, DABPS, CFC

AMERICAN BOARD OF RECORDED EVIDENCEChair of the Executive Board of Recorded Evidence Advisors: Thomas J. Owen, BA, FACFEI, DABRE, DABFE, CHS-VCommittee of the American Board of Recorded Evidence Forensic Audio: Ryan Johnson, BA, DABFE, DABREForensic Voice Identification: Ernst F. W. Alexanderson, BA, MBA, FACFEI, DABRE, DABFE Members of the Executive Board of Recorded Evidence Advisors:Eddy B. Brixen, DABFETCharles K. Deak, BS, CPC, DABFE, DABLEEMichael C. McDermott, JD, DABRE, DABFEJennifer E. Owen, BA, DABRE, DABFELonnie L. Smrkovski, BS, DABRE, DABFE

AMERICAN BOARD OF FORENSIC SOCIAL WORKERSChair of the Executive Board of Social Work Advisors: Douglas E. Fountain, PhD, LCSW, DABFE, DABFSWChair Emeritus: Karen M. Zimmerman, MSW, DABFSW, DABFEMembers of the Executive Board of Social Work Advisors:Susan L. Burton, MA, LMSW, MSW, DABFSW, DABFEJudith V. Caprez, MSW, ACS, LSCSW, DABFSWPeter W. Choate, BS, MSW, DABFSW, DABFEJudith Felton Logue, PhD, FACFEI, DABFSW, DABFE, DABFM, DABPSMichael G. Meacham, PhD, LCSW, DCSW, DABFSW, FACFEIKathleen Monahan, DSW, MSW, CFC, DABFESusan P. Robbins, PhD, DABFSW, LCSW, DCSW, BCD, LDCSteven J. Sprengelmeyer, MSW, MA, FACFEI, DABFSW, DABFE, LISW

AMERICAN BOARD FOR CERTIFICATION INHOMELAND SECURITY Executive Committee:Chair of the Executive Board for Certification inHomeland Security: John H. Bridges, III, DSc (Hon.) CHS-V, CHMM, CSHM, DABCHS, FACFEILt. Colonel Herman C. Statum, United States Army (Ret.), CHS-V, CPP, MS, PI, DABCHSRobert R. Silver, CHS-V, PhD, MS, DABCHSMembers of the Executive Board for Certification in Homeland Security:Nick Bacon, CHS-V, DABCHSThomas Baines, MA, MPA, JD, CHS-V, CFCE. Robert Bertolli, BS, OD, CHS-V, CMI-V, DABCHS, DABFE, FACFEIPaul P. Donahue, CHS-V, MBA, Cr.FA, CMA, CPP, CBMBilly Ray Jackson, ATS, CSC, CHS-V Andrew Jurchenko, Col. U.S. Army (Ret.) CHS-V, DABCHSRobert McAlister, BS, CHS-V, DABCHSJanet M. Schwartz, PhD, CHS-VEdward W. Wallace, CHS-V, Detective 1st Grade (Ret.), MA, SCSA, LPI, BS CFI I & II, CLEI, CTO, CDHSIEric White, CHS-V, DABCHS, BS

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Law Enforcement

FBI Pairs with Community Citizens Urged to Take Active Roles in Helping Vital Mission of the FBI

FBI Citizens’ AcademyClosely assisting the FBI no longer requires being a special agent. In the past 15 years, opportunities have been given to everyday citizens to become involved with their own local field office. The FBI Citizens’ Academy is one such opportunity. Started in Phoenix, Arizona by then Special Agent in Charge Jim Ahearn in 1993, it began as a strategy to foster better relationships between the FBI and the community (Community Outreach Program, n.d.). Ahearn based the Citizens’ Academy on a similar program run by a local police agency.

Keeping those ideals in mind, the Academy was founded, and it still remains firm on that founda-tion. Goals of the Citizens’ Academy include build-ing trust and understanding between leaders in the community. As the Academy accomplishes this, the community becomes a better and safer place to live. Today, the Citizens’ Academy aims to teach inter-ested persons firsthand about the FBI in nearly all 56 field offices nationwide. The Academy is available to community leaders who are at least 21 years of age and who live and work within the area covered by the field office. Additionally, an FBI agent or a former graduate of the Citizens’ Academy must nominate each inter-ested party, and the applicant must also undergo a background check in order to gain access to FBI space. The Citizens’ Academy generally meets 8 to 10 times for classes lasting 3 hours each, although the total number of hours logged in the classroom varies slightly between field offices. The curriculum covered during the classes in-cludes practical problems involving evidence col-lection and preservation, FBI jurisdiction and con-gressional oversight, structure and observation of FBI field offices, information on fingerprint and forensic services, and many other cutting-edge top-ics. The special agents in charge of that field office, their senior managers, and senior agent experts in-struct each session. In terms of increased knowledge and commu-nication between FBI field offices and the com-munity, it is evident that the Citizens’ Academies are accomplishing what they have set out to do. Special Agent in Charge of the Dallas Field Office, Danny Defenbaugh, “believes that developing part-nerships with communities is an effective way to garner positive publicity, especially when the FBI cannot stand up and speak for itself ” (Community Outreach Programs, n.d.). A community-based or-ganization, it is “separate from the FBI, designed to promote a safer community through community service projects and a process of educating busi-ness, labor, media, medical, minority, religious, government, senior citizens, and other communi-ty leaders about law enforcement, with particular emphasis on the mission, resources, and limita-tions of the FBI” (FBI National Citizens’ Academy Alumni [FBINCAA], n.d.). Once participants graduate from the Academy, they are encouraged to join the FBI National Citizens’ Academy Alumni Association. The Alumni Association is open to

s The Federal Bureau of Investigation (FBI) had a history of being a closed or-ganization, but that has all changed. The FBI is now reaching out to American citizens to involve them in the mission of pursuing justice in America.

By Amber Ennis, Associate Editor

T he FBI, with its hard-edged reputation for bringing to justice terrorists, organized criminals, and spies, can seem stern and grim. This long-standing perception has hindered the agency’s ability to relate to, and communicate with, the general public. In an attempt to penetrate this

false perception and simultaneously give interested citizens a chance to give back, three FBI-based programs have been introduced and developed — the Citizens’ Academy, the Chaplains’ Program, and InfraGard. These three se-lective programs aim to give interested individuals the chance to give back. All relatively new, the programs have increased communication between the FBI and citizens, and they have provided a more humanistic image of what really goes on behind the scenes of both investigations and crisis situations. Best of all, the programs promote a better understanding between FBI agents and citi-zens, ultimately resulting in safer, happier communities.


any person who has completed a local Citizens’ Academy, and it aims to keep alumni informed of current issues in the law enforcement arena. Each year, the FBINCAA holds a national meeting for members. Most recently, the meeting was held in Tampa, FL June 17–19, 2008.

FBI Chaplains’ ProgramAssisting emotionally in times of hardship is a task best left to those experienced in the field of coun-seling, therapy, or chaplaincy. The FBI Chaplains’ Program seeks to offer comfort to victims as it al-lows willing citizens with experience in chaplain-cy to volunteer to help FBI agents in crisis situa-tions. As part of the Employee Assistance Unit, these volunteer chaplains reach out to victims in shootings, accidents, or natural disasters. The victims range from members of the FBI force to fellow civilians. These volunteer chaplains aim to offer their skills to aid in some of the most traumatic of experiences. Following the destruction at Ground Zero in New York City on September 11th, 2001, the FBI contacted Father Lawrence Murphy, a rector at St. James Episcopal Church in Warrenton, Virginia (Shreve, 2001, p. 1). A volunteer chaplain, Murphy was trained in assisting in crisis situations while in the U.S. Navy. Three days after the attack, he drove to New York to offer help and sup-port to victims, who were “very recep-tive,” Murphy said of the people he spoke

to (Shreve). Tragedies such as September 11th have had an enormous impact on the law enforcement field. Crisis events, once considered small-scale, have proven to be capable of affecting a nation. Providing critical incident counseling and support to law en-forcement officers in particular can be traced back to military roots, as officers typically endure similar stress-related problems as that of combat soldiers (Sheehan, Everly, & Langlieb, 2004). Understanding the trauma-related stress of the profession has led to a greater realization of the need for adequate re-sponse and action. There are currently more than 100 experienced volunteer chaplains providing pas-toral counseling, as well as assisting with family sup-port, grief and bereavement services, and individual or small-group crisis intervention.

InfraGardInfraGard was started in Cleveland in 1996 per a request for local computer professionals to assist in protecting cyber information. The program was further developed into the InfraGard initiative “to expand direct contacts with the private sector in-frastructure owners and operators and to share in-formation about cyber intrusions, exploited vulner-abilities, and infrastructure threats” (FBI, 2001).

s Letter inviting Dr. Robert O’Block to the FBI citi-zens academy. O’Block, the founder and CEO of the American College of Forensic Examiners International (ACFEI) took part in the FBI Citizens Academy in Quantico, Virginia this year. Several ACFEI members have tak-en advantage of the FBI Citizens Academy as a way to learn more about law enforcement and the mission of the FBI.

s Dr. O’Block receiving his certficate of completion at the FBI Citizens’ Academy.


Today, InfraGard is a large national alliance between the FBI and several thousand members of the private sector who join together to keep critical infrastruc-tures safe. These partners represent the full sweep of infrastructure experts in local communities: business executives, entrepreneurs, military and government officials, computer security professionals, academia, state and local law enforcement, and any concerned citizens. Members of the InfraGard program have access to four basic services. They are provided “an intrusion alert network using encrypted e-mail; a se-cure Web site for communication about suspicious activity or intrusions; local chapter activities; and a help desk for questions” (FBI). The most crucial re-sponsibility of InfraGard members involves reporting to FBI field offices when there has been an intrusion. Local FBI offices can then decide if an investigation needs to be initiated. The talking through of security threats and sce-narios between InfraGard members and the FBI keeps the lines of communication flowing freely. Additionally, InfraGard has proven itself to be a program that produces results. Members initiat-ed around 95 investigations in 2005 (InfraGard, 2006). “With more than 16,000 members, 84 chapters nationwide, and an almost daily flow of vital information, we think InfraGard is one of the most quietly successful public/private partner-ships around,” said the 2006 head of the nation-al InfraGard program for the FBI, Don Good (InfraGard). The ultimate goal of InfraGard is to share vital information and news to track down criminals and terrorists. Membership is open to any U.S. citizen who passes a background check, and there is no charge. InfraGard members belong to a local chapter affiliat-ed with their respective FBI field office. Members are expected to devote their time, effort, and talents to continue to protect the nation and its people, as they become part of the largest volunteer organization de-voted to critical infrastructure protection. FBI Director Robert S. Mueller III spoke about the program during an interview at the 2005 InfraGard Conference. During the interview, he explained the partnership the FBI has with InfraGard and how it has grown and matured over the years. Initially pio-neered as a means for companies to combat cyber crime, the program has expanded to include the ag-riculture, chemical, and energy industries in addi-tion to technological threats (Mueller). Members are

called upon to provide expertise for the FBI he said, and InfraGard also works with the Department of Homeland Security and the Secret Service to provide information they believe is critical to protecting the nation’s infrastructure. Mueller acknowledges the evo-lution of InfraGard since its inception in 1996, and he expects that it will grow even larger down the road.

The FBI Citizens’ Academy, Chaplains’ Program, and InfraGard provide a

unique opportunity for patriotic citizens to contribute to the

global law enforcement and intelligence missions that are the responsibility of the FBI. These oppor-tunities also allow the FBI to leverage the di-versity of citizen tal-ents that would other-wise be unavailable in

accomplishing its varied responsibilities.

s A photo from the Citizens Academy on September 12, 2007

s FBI Director Robert Mueller


References Community outreach program: FBI citizens’ academy. (n.d.) Retrieved January 7, 2008,from http://www.fbi.gov/pressrel/pressrel01/infragard.htm FBI National Citizens’ Academy Alumni Association. (n.d.). Re-trieved April 18, 2008, from http://www.nfbicaa.org/index.html FBI and the national infrastructure protection center publicly introduce the national InfraGard program. (2001, January 5). Press release. Retrieved January 7, 2008, from http://www.fbi.gov/pressrel/pressrel01/infragard.htm InfraGard: Ten years and going strong. (2006, October 4). Retrieved January 8, 2008, from http://www.fbi.gov/page2/oct2006/infragard100406.htm Mueller, R.S. III. (2005). InfraGard interview at the 2005 InfraGard conference. Retrieved April18, 2008, from http://www.infragard.net/media/director_flash.php?mn=1&sm=1-1 Sheehan, D. C., Everly, G. S., & Langlieb, A. (2004, Sep-tember). Current best practices: Coping with major critical in-cidents. Federal Bureau of Investigation Law Enforcement Bulletin 73(9). Shreve, J. (2001, November). Warrenton FBI chaplain called

to New York. Virginia Episcopalian 110(3), p. 1. n

s From left to right: Queenie M. Wooten, Special Agent Timothy Flannelly, Special Agent Red Nucum, and Dr. Raymond B. Croskey.

With which field office did you participate?FBI/New York Office Citizens’ Academy Alumni Foundation

Can you describe your involvement with the Citizens’ Academy?Back on March 26, 2006, myself, as Director of the Northeast Region of the American College of Counselors, Inc. and Ms. Wooten, as Co-Director of ACC, held a Northeast Regional Conference at Emmanuel AME Church in Harlem, New York. The Conference, “Mental Health Post 9/11,” featured guest speakers Charles Williams, Special Agent/New York FBI; Dr. Richard Gallagher, New York University Center & NYU School of Medicine; and Ms. Dianne Mack, Social Worker for the Catholic Guardian Society and Home Bureau. Reverend Dr. Simon P. Bouie, former Pastor of Emmanuel AME Church, enthusiastically supported the conference. In August, 2007, I (Dr. Croskey) at-tended our first FBI Citizens’ Academy National Leadership Congress in San Antonio, Texas. Among the many highlights of the conference were chapters from throughout the country participating in the Best Practices Survey, exploring a theme for the 100th anniversary of the FBI in July, 2008, building capacity through offering more continu-ing education programs for the Citizens’ Academy Alumni, the National Congress Cost Control Plan, and the National Membership Cards Initiative. Mr. Mark Mulcahy, who is associated with the California FBI Citizens’ Academy, provided a well-received Family Safety Training Course for us. It was especially informative interacting with the FBI Community Outreach Specialists from the various field offices.

How do you feel the training will facilitate better relationships be-tween the public and the FBI?The well-planned training we received at the Citizens’ Academy goes a long way in preparing us on the purpose of the Academy as we engage the public. The purpose of the Academy is to promote a safer community through community service proj-ects and a process of educating businesspeople, the media, medical professionals, senior citizens, minorities, and religious and other community leaders about law en-forcement with particular emphasis on the mission, resources, and limitations of the FBI. The Citizens’ Academy is composed of a diverse group of community leaders dedicated to forging a safer community.

Do you have one specific experience or memory that stands out in particular?There are a few recent memorable experiences—Mr. Robert Schnell, Chairperson of our Continuing Education Committee, collaborated with our FBI staff. Special Agent Red Nucum, Timothy Flannelly, Irene Yasso-Cifarelli, and Evelyn Acevedo arranged our first continuing education lecture in March, 2008. NYO FBI photographer Matthew Coleman provided us with a lecture, “Digital Imaging for Surveillance and Documenting Crime Scenes.” Following the informative lecture we toured the photo lab and par-ticipated in a hands-on examination of a state-of-the-art printing machine and various high-tech cameras. The other experience also took place in March. Special Agents Timothy Flannelly and Red Nucum were guest speakers at the Northeast Regional Conference of ACC held at Medgar Evers College, City University of New York. They discussed the Citizens’ Academy and Community Outreach. The audience, about 60 college students, was im-pressed. FBI literature and giveaways were also available to the students.

Is the Academy something you would recommend for interested parties?Yes.

Dr. Raymond B. CroskeyPresident, American College of Counselors, Inc.FBI/NYO Citizens’ Academy Alumni Foundation, Class of 2004Board Certified Professional Counselor, American Psychotherapy AssociationAdjunct Assistant Professor, Medgar Evers College, CUNYRetired, Regional Health Director, New York City Department of Education

Queenie M. WootenDirector, Northeast Region, American College of Counselors, Inc.FBI/NYO Citizens’ Academy Alumni FoundationBoard Certified Professional Counselor, American Psychotherapy AssociationLife Member, Medgar Evers College Alumni AssociationLife Member, National Association of The Negro Business and Professional Women’s Club, Inc.Retired Administrator (43 years of service), New York City Department of Education

Interview with Raymond Croskey and Queenie Wooten

This article does not necessarily represent the views of the FBI. For more information on any of these three organizations, please contact your local field office or visit the FBI Web site at www.fbi.gov.

Can you describe some of the course-work in the Academy?We looked at international and local threats, cyber crimes, and various gang environments. The international threats were the main focus of the FBI’s agenda.

Did you have opportunities for hands-on learning?We had a thorough program for the 8 sessions we participated in. There were about 30 of us in the training, and we went through sample crime scenes, fingerprinting, and also practiced with weapons the FBI uses.

Would you say the Academy was an overall positive experience?It was absolutely a positive experience. I took away good insights into the workings of the FBI and insights into the positions within the FBI.

Interview with Roger Pumphrey


Do You Speak Body Language?Mastering the Art of Nonverbal Communication Key in Interrogations

The more instances in which leading newspapers, magazines, or television shows ask me to comment on an individual’s body language, the more com-mitted I become in my belief about the endless amount of information that one can gather from watching another person. Politicians, Hollywood actors, and the regular guy in the street are all vying to find out what their bodies are communicating to the world around them. During Bill Clinton’s televised deposition, it was not unusual for the New York Post to contact me several times a week

for my take on his body language. They asked, “Is he hiding something? What does it mean when he bites his lower lip? What about when he crooks his eyebrow? And that finger point, what does it say about him?” Lately it seems that almost all inquiries concern the politicians competing for nomination. “Why does Senator John McCain constantly play with his wedding band? Is Senator Hillary Clinton’s smile genuine? Standing with her arms straight down on her sides, what does that mean? Why does Senator Barack Obama place his left hand in his trouser pocket when he says ‘Once I become President of the United States’? Why does Governor Mike Huckabee constantly unbutton and tug at his jack-et?” “Is Roger Clemens telling the truth? Do Katie Holmes and Tom Cruise have a sincere relation-ship? Who killed Jon Benet Ramsey? Did O.J. do it?” Questions, questions, questions; all can be ex-plained and answered through the careful study and forensic analysis of nonverbal communication.

History of Body LanguageSince man’s appearance on earth, he has commu-nicated with body language. Babies easily “speak” to their parents through nonverbal communica-tion. Even though parents sometimes accept the child’s message incorrectly, it is still a form of ear-ly communication. Body language is a key to the inner psychological and emotional state of an in-dividual. Not surprisingly, research indicates that the human body can produce more than 7 million unique movements. As far as the technical study of nonverbal com-munication goes, perhaps the most influential pre-twentieth-century work was that of Charles Darwin in 1872. His research generated the modern studies of facial expressions and body language. Current researchers around the globe have since validated Darwin’s findings and observations. Dr. Albert Mehrabian, a noted researcher in the field of non-verbal communication, found that the total impact of a message is about 7 percent verbal (words only), 38 percent vocal (including tone of voice, inflec-tion, and other sounds), and a mammoth 55 per-cent nonverbal. Professor Ray Birdwhistell made similar conclusions as to the amount of nonverbal communication that takes place among humans.

s People use much more than words to communicate. Often subtle body lan-guage can communicate more than words to convey what a person is really saying.

By Jan Hargrave

Case Study

M ost individuals focus only on the verbal part of an encounter; yet, during an average 30-minute meeting, approximately 800 differ-ent nonverbal messages are exchanged. Some interrogators make decisions based only on the tone of the speaker’s voice, and some

take literally each spoken word. Obviously, these are all necessary areas of in-terest, but further investigations need to be made to get the full meaning of the message. In the past, people who were aware of the importance of body lan-guage focused primarily on the voice and on facial expressions, but those are only part of the picture. The entire body—posture, gait, eye movements, ges-tures, feet, legs, torso, arms, hands, head, facial expressions, and mannerisms—needs to be analyzed to get the true meaning of a message. These subtle mes-sages that are conveyed without words reveal a person’s true emotions.

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He estimated that the average person actually speaks words for a total of 10 or 11 minutes a day and that the standard sentence takes only about 2.5 seconds. Like Mehrabian, he found that the verbal compo-nent of a face-to-face conversation is less than 35 percent and that more than 65 percent of commu-nication occurs nonverbally. Researchers in the field of body language gener-ally agree that individuals use the verbal channel primarily for conveying information, while the non-verbal channel negotiates interpersonal attitudes and, in some cases, substitutes for verbal messages. Regardless of culture, words and movements occur together with such predictability that Birdwhistell concluded that a well-trained interrogator should be able to tell what movement a person is making by simply listening to his voice. Charlie Chaplin and many other silent movie actors, also pioneers of nonverbal communication skills, used this means to entertain and amuse many of us on the screen. Audiences classified each ac-tor as good or bad depending upon the extent to which he could use gestures and other body signals to connect effectively. In 1970, Julius Fast published a summary of all nonverbal communication research done by behav-ioral scientists. His noted research is regarded as the catalyst for influencing people of the existence and importance of body language.

Three Steps to Increased Nonverbal Reading PowerReading an individual’s body language is not the only goal in mastering nonverbal communication. Understanding your own body language is of the utmost importance. Expertise in this area is usu-ally gained, in phases, with time and practice. As far back as 1985, Gerhard Gschwandtner informed the world of the three stages of awareness and skill that are necessary before one becomes competent in nonverbal communication. Awareness of the Other Person: This stage in-volves learning the five major nonverbal commu-nication channels (body angle, face, arms, hands, and legs) and interpreting the listener’s nonverbal signals. It is a quick method for scanning a client for clusters of gestures. Instead of looking for spe-cific movements or postures that indicate that the client is bored, defensive, or angry, a group of ges-tures from the five channels needs to be analyzed. These groups of gestures can indicate whether a person is open and receptive or whether there are obstacles to the interrogation strategy that warn the questioner to exercise caution. These gesture clus-ters can alert the negotiator to stop and redirect his approach entirely. Awareness of Self: Your own nonverbal move-ments and expressions can make or break an en-counter. Ask yourself, “How can I communicate

to display confidence in myself? How does the other person see me? How can I avoid commu-nicating nervous or negative nonverbal signals?” Constructive criticism from peers and videotaping yourself will show you how you look and act when your mind is concentrating on what you are saying. Once you understand your own nonverbal behav-ior, and how you use it to interact with clients, you are more aware of your impact on others. Management of Self and Others: Once ab-sorption of nonverbal skill in self management and people management is reached, one can apply the universal change process. Nonawareness, aware-ness, internalizing, and integration are the four behavioral concepts involved to reach this stage. When interpreting nonverbal signals becomes sec-ond nature, one has fully incorporated the concept of people reading. Awareness and examination of another person can give one the ability to perform the following:

Detect negative nonverbal signals early in the •negotiationRespond faster and more accurately to the •other person’s nonverbal signalsIncrease your ability in managing your own •nonverbal expressionsIntensify your skill to combine verbal and •nonverbal skills

Body language means communicating with the movement or position of the human body. It can be conscious or unconscious. Using nonverbal com-munication, a person is visually revealing when he is unsure, needs additional information, wants a chance to ask questions, or has strong objections. Your own nonverbal responses can reveal if you are anxious or bored. If a client asks a question and you feel hesitant about how to answer, your body will be the messenger of your uncertainty. The moment you meet a prospective client, he judges you by what he sees and feels. The process takes less than 10 seconds, but the impression is permanent. Whether you make a positive impres-sion or not can literally depend on the silent sig-nals that you send during this first contact. Being friendly but assertive, reassuring, and understand-ing, both verbally and nonverbally, allows you to exercise all 100 percent of your communication’s impact.

Inborn, Genetic, or LearnedResearch and debate has been conducted to discov-er whether nonverbal signals are inborn, learned, genetically transferred, or acquired in some other way. Confirmation collected from observation of blind and/or deaf people who could not have learned nonverbal signals through the auditory or visual channels has occurred. Scrutinizing the ges-

Body language played a leading role during the silent film era early in the twentieth century.

Silent film comedi-ans such as Charlie Chaplin and Buster Keaton were able to keep audienc-es in stitches based on their exagger-ated body lan-guage antics.

“I remain just one thing, and one thing only, and that is a clown. It places me on a far higher plane than any politician.”

—Charlie Chaplin

CHARLIECHAPLIN


tures and behavior of different cultures around the world has also aided in the findings. Discoveries in this research indicate that some gestures fall into each category. For example, most children are born with the instantaneous ability to suck, indicating that this gesture is either inborn or genetic. The smiling gestures of children born deaf and/or blind occur independently of learning or copying, meaning that these gestures also must be inborn. Additionally, when researchers studied the facial expressions of people from five widely different cultures, they found that each culture used the same basic facial gestures to show emo-tion. This research also led to the conclusion that these gestures must be inborn. Concerning inborn gestures, when crossing your arms on your chest, do you cross left over right or right over left? Most people are uncertain about which way they do this until they try it. If one way feels comfortable, the other feels completely wrong. Confirmation suggests that this may be a genetic gesture that cannot be changed. We can conclude that much of our basic nonver-bal behavior is learned and the meaning of many movements and gestures is culturally determined. Most basic communication gestures are the same all over the world. When people are happy they smile; when they are sad or angry, they frown or grimace. Nodding the head is almost universally used to in-dicate “yes” or affirmation. It appears to be a form of head lowering and is probably an inborn gesture, as deaf and blind people also use it. Shaking the head from side to side to indicate “no” is also universal and may well be a gesture that is learned in infancy. The young child who has had enough to eat shakes his head from side to side to stop his parent’s attempt to spoon feed him, and in this way he quickly learns to use the side-to-side head shaking gesture to show disagreement or a negative attitude.

Gesture Clusters and SimilaritiesThe most serious mistake a novice in body language can make is to interpret a solitary gesture in isola-tion from other gestures or other circumstances. Similar to any other language, body language con-sists of words, sentences, and punctuation. Each gesture is similar to a single word, and a word may have several different meanings. It is only when a word exists in a sentence with other words that an individual can fully understand its significance. Gestures come in sentences and invariably tell the truth about a person’s feelings or attitudes. A “per-ceptive” person is one who can read the nonverbal sentences and accurately match them against the person’s verbal sentences. Incongruence of gestures occurs when an au-dience observes a speaker standing behind a lec-tern with his arms tightly folded across his chest (defensive) and chin down (critical and hostile),

while telling them how receptive and open he is to their ideas. Or, a speaker may attempt to convince the audience of his warm, com-passionate approach while running his hands through his hair or tugging at his left ear. Sigmund Freud noted that while a pa-tient was verbally expressing happiness with her marriage, she was uncon-sciously slipping her wedding ring on and off her finger. Freud was aware of the significance of the incongruence of gestures with her words and was not sur-prised when marriage prob-lems began to surface.

Your friend has her hands on her hips. She is feeling aggressive.1. Offering part of your seating bench to a new friend indicates that 2. she is welcome to join you.Mirroring your colleague’s movements and laughing when he does 3. shows him that the two of you possess a good connection.When interpreting body language, a person should immediately 4. form a conclusion after he observes one gesture.The person who constantly darts his eyes around the room is looking 5. for an escape route.Slightly touching a colleague’s forearm lets him know that you are 6. engaged in his story.A client who runs his hand through his hair is implying that he is 7. confident and is anxious to make a good impression.Crossing your leg towards your client indicates that you want to 8. include him in your conversation.A negotiating partner who clasps his hands and holds them behind 9. his head is conveying that he is in agreement with what he hears.

A slow walker appears more confident than a hurried walker.10.

Body Language QuizAnswer true or false to the following questions to determine your level of fluency in interpreting body language.

Answers1-T, 2-T, 3-T, 4-F, 5-T, 6-T, 7-F, 8-T, 9-F, 10-T


Observations of gesture clusters and congruence of the verbal and nonverbal channels are the keys to accurate interpretation of body language. In addition to looking for gesture clusters and con-gruence of speech and body movements, all ges-tures should be considered in the context in which they occur. If, for example, someone is sitting at a bus stop on a chilly winter day with his arms and his legs tightly crossed and with his chin down, it

would most likely mean that he is cold, not defensive. If, how-

ever, a person uses these same ges-tures while seat-ed in a negotia-tion, it could be correctly inter-preted as mean-ing that the per-

son is negative or defensive about the situation.

Phony Body LanguageSince the goal in criminal investigation is to get to the heart of the matter, a commonly asked question is, “Is it possible to forge your own body language?” The general answer to this question is “no” because of the lack of congruence that is likely to occur in the use of the main gestures, the body’s micro sig-nals, and the spoken words. For example, direct eye contact is associated with honesty, but when the faker tells a lie, his micro gestures give him away. His pupils may contract, his nostrils might widen, or the corner of his mouth could twitch. These mi-cro signals contradict the direct eye contact and the sincere smile resulting in the receiver tending not to believe what he is hearing. Thankfully, the hu-man mind seems to possess a fail-safe mechanism; a gut feeling informs the listener that he has just received a series of incongruent messages. We use the face more often than any other part of the body to cover up lies. We use smiles, ear pulls, eye pulls, nose touches, and winks in an attempt to cover up and distract the listener. It is difficult to fake body language for a long period of time. The complication with lying is that our subconscious mind acts automatically and independently of our verbal lie, so our body language gives us away. The term describing this occurrence is “leakage.” Because it is difficult to fake sincere body language for a long period of time, the body eventually leaks

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out its true feelings and emotions. Therefore, peo-ple who rarely tell lies are easily caught, regardless of how convincing they may sound. The moment a person begins to lie, his body sends out negative micro signals. These signals give us our feeling that the person is not telling the truth. During the lie, the subconscious mind sends out nervous energy that appears as a gesture that can contradict what the person has just said. People whose jobs involve lying, specifically actors and poker players, have re-fined their body gestures to the point where it is difficult to see their lies. Thus, onlookers believe their stories. To deter us from spotting their lies, actors refine their gestures in one of two ways. First, they prac-tice what “feels” like the right gestures when they tell the lie. This is only successful when they have practiced telling the lie numerous times over long periods of time. Second, as difficult as it is to do, some liars (poker players) eliminate almost all of their gestures while they are relaying the lie or pos-ing the bluff. Psychologists have long known that some de-ception is a normal, healthy part of human behav-ior, often starting in children as young as 5 or 6. In adulthood, most people lie routinely, usually harmlessly, throughout the day. Robert Feldman, a psychologist at the University of Massachusetts at Amherst, reveals that the average fib rate is three

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for every 10 minutes of conversation. Even when a liar consciously suppresses major body gestures, he still will transmit numerous micro expressions. These micro gestures include facial muscular twitching, ex-pansion and contraction of pupils, sweating at the brow, flushing of the cheeks, increased rate of eye blinking, and numerous other microscopic gestures that signal deceit and occur within a split second. They are difficult to spot, and usually only trained professional negotiators see them. Results show that the most successful interviewers are those who have developed the automatic ability to read the micro gestures during their face-to-face encounters with other people. To be able to lie successfully, a person almost has to have his body hidden or out of sight. Police inter-rogation involves placing the suspect on a chair in the open or placing him under lights with his body

in full view of the questioner. With everything out in the open, the suspect’s lies are much easier to see. Sitting behind a desk where the body is partially hid-den helps to “cover up” secreted information. The easiest way to lie is through text messages, over the telephone, or on the Internet.

Signals, Cues, and SymbolsMost people have felt the need to warn companions at a party that a dreaded character has just entered the room and is heading their way. In such a situa-tion, the informer does not simply point or shout; he raises his eyebrows at his companions, jerks his head a bit in the direction of the dreaded person, and purses his lips to warn his conversation partner to be quiet. These signals, actions without words, are movements a person uses to communicate needs, desires, and feelings. Signals are a form of expressive communication. A cue is a type of receptive communication used to let someone know what is expected of him. An adult might gently pull a child’s arm upward by holding his wrist to cue the child to lift his arm dur-ing a dressing routine. A gentleman holds a woman’s coat open to cue her that he is willing to help her put it on. A negotiator lets others know of his de-sire to speak by nodding his head three times. Symbols are representative of an event, action, object, person, or place. Symbols are useful for both receptive and expressive communication. The American flag is a symbol that communicates free-dom, integrity, and the spirit of a nation. A Rolls Royce automobile symbolizes an object that is quite expensive.

Do You Speak Body Language?Most people are already fluent in the dialect of body language because the subconscious mind is already an expert. Training to look for more nonverbal mes-sages involves trusting your intuition to make your impressions more accurate. A thorough understand-ing of body language allows an individual to be able to modify his own reactions and thus improve his negotiating skills. n

About the Author

Jan Hargrave has a Bachelor’s Degree, a Master’s Degree, and an Education Specialists’ Degree from the University of Lafayette. She is an ac-tive member of the American College of Forensic Examiners Institute (ACFEI). She is an expert in nonverbal communication and will be giving a seminar on the use of body language at the National Conference in September. She will cover eight basic categories encountered in everyday life. Hargrave has appeared in such venues as The Montel Williams Show, Fox News, The Learning Channel, and E-Entertainment Television, just to name a few.

facial muscular

twitching

Micro Gestures

expansion and contraction of pupils

sweating at the brow

flushing of

the cheeks

increased rate of eye blinking

numerous other subtle gestures


Life Whisperer, CFCFormidable Woman Psychologist Offers Powerful Lessons on Life

When I attended the ACFEI’s Certified Forensic Consultant (CFC) course in Dallas last June, there were slim odds that my life perspective would forever change based on who I sat beside for those two days. I hadn’t even considered the possibility until I discovered more about the quiet (but loud), frail (but strong), and shy (but feisty) lady I found sitting to my left against the wall in the front row. Her name is Dr. Julia Mayo-Johnston. She is a woman of profound contrasts with whom few could have the slight-est conversation without being deeply challenged. She describes herself as “an introvert that people mistake for an extrovert” and a “mole, or double-agent, constantly crossing between two worlds” to accomplish her purpose. She is 81 years old and going strong with her newly acquired CFC designation!

We hardly spoke for the first day of class as we sa-vored the excellent teaching by Dr. Marc Rabinoff. I poured water for her several times because I couldn’t imagine her lifting the heavy pitcher of ice water by herself. At age 52 myself, I guessed she was some-what older than me, but I couldn’t figure by how much. Her African-American skin was smooth, and she had long, straight, black hair. She carried a cane. I didn’t pay her much attention until I over-heard her telling our instructor during break that she was a practicing psychologist at age 81! Soon I was asking her questions and realized I’d be writing something about her. She took exception, however, with my view that this is an article about her. She claims it is more about me and those of you reading this now. Perhaps. She also took exception with my first and last interview questions, which, curiously, were about pinning down the start of her career and her retirement. These are not surprising respons-es at all once you get inside this unique woman’s head. She will not talk about a beginning to her counseling career because it is what she has always done in some manner before she knew a label for it. She will not answer a question about retirement because she believes the word should never be used. She says, “I believe I should be productive until the day I die.” Raised in Philadelphia, Julie (as she often refers to herself ) spent much of her childhood observ-ing animals and comparing their behaviors and relationships to humans. During a recent phone interview, she told me, “As a child I always wanted to be Dr. Doolittle. Animals have a purpose and a function. Many human beings are predators for the wrong reason and do bad things. Everything about life and people you can find out from animals. I wanted to be Dr. Doolittle and talk to the animals. And in that, by observing the difference between people and animals, is how I became interested in social psychology … in learning about how people can co-exist. I was born with a curiosity about how animals can co-exist so well and people cannot.” That is the first pair of worlds that Julie learned to cross between as a problem-solving mole. Her second pair became the racially divided worlds she grew up in. “I was a black woman living in Wilmington, Delaware in the 1950s. I’ve been black all my life,” she says with a chuckle. “But I was married to a white man. Blue eyes, blonde

s Dr. Julia Mayo-Johnston has 81 years of life experience to draw on, but you would never suspect that by looking at her photograph.

T he role of a forensic expert includes functioning objectively in the complex world of criminal or civil litigation. Learning trial procedure and the rules of evidence are central to the ACFEI’s Certified Forensic Consultant (CFC) pro-

gram. As a new CFC designate, the author of this article writes of the richness added to his CFC experience by meeting a formidable lady psychologist in the class: Dr. Julia Mayo-Johnston, 81-year-old CFC and life whisperer.

Case Study

By Darrell Barr, CFC

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hair. He also trained as a psychologist under the GI Bill. I have two Jewish grandchildren and one Catholic grandchild. We were moles for each other, and I observed and learned. I learned how power works good and bad. My husband is a Republican and I’m a Democrat. He brought home to me the stories about how it worked in his company to let the first black person into management. There were movies that we couldn’t both go and see together, so we would each go to what we could and share about it with the other. We were honest and didn’t let things bother us, and we helped each other un-derstand and get by.” Julie earned her Ph.D in Clinical Social Work from the University of Pennsylvania in 1958. After receiving her bachelor’s degree from the same in-stitution in 1947, she earned her M.S. in Social Research from Bryn Mawr College in 1949. She

has been involved with clinical work since World War II and has counseled across three generations of some of her clients’ families, many of whom are biracial, bicultural, and bipolar! Today, when not in court offering expert testimony, she provides certified life coaching services, including help for burned-out executives and retirees in need of new purpose and direction. “The solution to life is observing where people have problems and then helping them solve those problems. Everyone comes to a point in life where they have the chance to figure out why they’ve been doing what they’ve been doing and discover what they were meant to be doing. That’s what coun-seling is. Helping people connect with their bio-logical imperative,” she points out as she postures to challenge the classical religious framework of the seven cardinal sins. “Many people think there are seven sins. But there are not seven sins in the world, there are only two: the sin of commission and the sin of omission. Commission is a sin of misinformation or telling people the wrong thing. The sin of omission is that of failing to tell them what they need to know. This has become a thread throughout my life.” It is one that clearly leads to her views on forensic authenticity. “How did I survive to be 80 years old?” she asked me rhetorically. “I have concentrated on the facts and the rules. My job is not about me. It’s about the facts and the rules and getting in touch with what is being said that needs to be corrected, or what isn’t being said that needs to be told to some-

one. Finding the sins of commission and omission and being different enough to counter them.” She advises, “You can stay professionally clean by stick-ing with the facts, the truth, and not letting your-self make mistakes. Concentrate on being fair and objective. It’s all about what is right and fair!” When asked about her forensic experience, Julie draws from many stories of expert testimony pro-vided in criminal cases against child abuse offenders and civil cases supporting the rights of damaged cli-ents. Why, then, is she seeking a CFC designation at this point of her longstanding career? “Because you need the credentials today to show that you’ve earned the right to be there,” she says emphatically. “You can know how to drive a car, but you’ll have many problems if you don’t have a driver’s license. We all need the right credentials in the forensic pro-fession. That’s what the CFC course gave me.”

Dr. Rabinoff, CFC course author and instructor, writes, “The complexities of today’s legal system demand that attorneys seek out forensic experts as part of the research process,” and the goal in achiev-ing this ACFEI designation is to master the key ele-ments of the litigation process in order to team with an attorney to successfully argue a civil or criminal case (Rabinoff & Holmes, 1996). Julie reminded me during the interview of the unique illustration used by Dr. Rabinoff to get the class thinking about accu-racy and the truth. Many times the obvious is settled for and the hard-to-find nuances are overlooked. Her challenge to each of us is to look for the hard-to-find truth and bring it forward to make our case and au-thentically serve our clients. But her challenge goes beyond that. Her challenge to me, and to you reading this now, is to figure out why you are different and capitalize on it. “The important questions are who, what, when, where, and why? Why comes last.” She suggests it takes many of us well past age 40 to add the answers to “why” on top of the “who, what, when, and where.” But when we do, her supreme challenge is to make it a life message by not only observing it and doing it—whatever “it” is for each of us—but also teaching it. She preaches again and again, “See one, do one, teach one. Pass the baton.” With a career spanning a full half century, Julie talks of cyclical patterns in the world and troubling trends that are in front of us today. “Kids don’t know how to do anything without the computer anymore. Conversation has been reduced to phone text abbre-viations. We’ve lost the art of doing things by hand

“The solution to life is observing where people have problems and then helping them solve those problems. Everyone comes to a point in life where they have the chance to figure out why they’ve been doing what they’ve been doing and discover what they were meant to be doing.”


… fresh every day … chopping wood … hauling water. We’ve lost the art of the handwritten note.” Since meeting Julie, I’ve received two handwritten notes from her in the U.S. mail (and, yes, some e-mails, too!). But I have at least once avoided e-mail to write a handwritten note back to her as well. In the novel The Horse Whisperer, the character Tom Booker was regarded as having a voice that would calm horses and a touch that could heal bro-ken spirits. He proved to have this ability with ani-mals and humans (Evans, 2005). The real-life horse whisperer, Monty Roberts, developed the art of lis-tening to horses in order to affect change in them and the humans around him (Roberts, 1999). The National Geographic Channel’s star of Dog Whisperer, Cesar Millan, has a reputation for achieving bal-ance between people and dogs. If you’ve seen even one episode of his show, you realize that his impact on canine behavior comes chiefly through his insightful influence on the behavior and beliefs of hu-man dog owners (Millan, 2007). Each of these “whisperers” are re-ally just moles that have learned to cross between two contrasting worlds. This intriguing lady, Julia Mayo-Johnston, has many tell-tale designations after her name. But her boldest designation is my own extension of her new ACFEI certification: Life Whisperer, CFC, as she strongly moves forward in her 80s! Ghandi (1948) said, “Live as if you were to die tomorrow. Learn as if you were to live forever.” May each of us take this baton she passes us and run well, not only as forensic professionals, but also in life, knowing our contrasts and staking our claims between conflicting worlds. I will no longer question the merits of doing graduate work in my 50s. I will keep on learning and keep on working authentically, being true to myself and true to my professional responsibilities.

So this is, after all, a short story about me, which I am passing on to each reader of The Forensic Examiner. It is about how and why we approach our profession as we do. It is about how we approach life and what we will be doing until we no longer have the chance. It is about our commissions and our omissions. It is about functioning vigorously and authentically for as many days as we have to give! See one, do one, teach one. Take the baton and run.

References Evans, N. (1995). The Horse Whisperer. New York: Dell. Ghandi, M. (1948). Mohandus Ghandi Quotes. BrainyQuote. Retrieved July 27, 2007, from http://www.brainyquote.com/

quotes/authors/m/mohandas_gandhi.html Millan, C. (2007). Cesar Millan: Achiev-ing balance between people and dogs. Re-trieved August 24, 2007, from http://www.cesarmillaninc.com/dogwhisperer/about-show.php Rabinoff, M.A., and Holmes, S.P. (1996). The forensic expert’s guide to liti-gation: The anatomy of a lawsuit. Danvers, MA: LRP Publications. Roberts, M. (1999). The man who lis-tens to horses. New York: First Ballantine

Books.

More About Dr. Julia Mayo-JohnstonJulie can be reached via e-mail at [email protected], but for

those of you willing to help restore the art of the handwritten note, you may write her at her office address of 205 West End Avenue, 24J, New York, NY 10023. Much online information can be found about her practice, starting with her Psychology Today listing at http://cms.psychologytoday.com/rms/prof_detail.php?profid=39007&city=Hoboken&county=Hudson&state=New+Jersey. n

About the Author

Darrell Barr, CFC, lives in Winston-Salem, North Carolina, and works as a software consultant and trainer while he completes work on a master’s degree in forensic psychology. He is originally from Pennsylvania and finished his undergraduate work in communica-tions at Penn State. His chief forensic interests are in victimology and criminal profiling. He is regularly involved in Crisis Intervention Team training for law enforcement and other first-responders in his local and state community. Darrell can be reached via e-mail at [email protected].

The CFC course online alternativeDr. Marc Rabinoff has drawn widespread acclaim for his fiery lectures as part of the Certified Forensic Consultant (CFC) course, which has been offered at ACFEI meetings for several years. An advantage of attend-ing the ACFEI national meeting and taking the live course taught by Rabinoff is the chance to meet fellow students and make profes-sional connections that will last a lifetime. There is now an alterna-tive way to view Rabinoff’s lectures without leaving the comfort of your own home or office. The CFC course is now available online, featuring hours of video lectures cov-ering the same information presented in the classic live course. The timed examination can be taken online, without the need to go to a proctor-ing facility. You can find out more about the online course by going to www.acfei.com/ about_forensics/cfc.php. You can talk to a member services representative by calling 1-800-423-9737.

s Ghandi

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Payment Pitfalls Endured by the Expert Who Will be Paid for Services

Collecting money due for work done and expenses incurred should be a high priority. Diplomacy defi-nitely works here. An expert can easily lose a client’s future work by being too demanding or strict, and sometimes the expert may need to settle for a slow payment. An expert needs to be paid a retainer im-mediately upon accepting a case regardless of how he or she will be paid. In any case, experts should not let multiple small invoices accumulate because they may add up to a large amount of money, decreasing the probability of full payment. Billing for expenses on a weekly or even daily basis makes it easier for the client-attorney to pay on time. It might also be wise to suspend work done until past due pay-

ments are current. Requests should be made us-ing certified mail with a return receipt. Fed-Ex, UPS, or Registered Mail will all provide proof of delivery. Faxing or mailing an invoice is a good alternative as long as you maintain a printed re-cord showing the date (and fax number) for each transmission. Tactful reminder letters are also advised. They should be sent out on a regular basis. If your fee schedule indicates interest accrued due for an un-paid bill, add these letters to your invoice. Generally, good clients consist of those in lend-ing institutions and large, reputable insurance, busi-ness, and real estate firms. You should always get paid when working with a Federal, State, County, or City agency such as the District Attorney, Public Defender, or Legal Aid Society. Presiding judges and attorneys designated by a government agency also fit into this category. Ordinarily, such agen-cies will not give you a retainer; instead, a “Letter of Intent” is given. It might be constructed as fol-lows:

“Please examine copies of the business checks pur-portedly signed, as maker, by our client without autho-rization. I am initially requesting document exami-nation and your verbal opinion and have authorized $500 for that service, a 2-hour minimum at $250 an hour. “If needed, a full written report may later be request-ed from you for the additional payment of $700 to $900 net, after credit for the initial $500 is paid. “Also, if needed, your fee for testimony in court is $1,000 for up to a half day, plus an additional $300 for travel and expenses. Please sign and re-turn a copy of this letter before commencing your work.” To expedite payment from a government agen-cy, request an IRS W-9 form to list your Federal I.D. or social security number. Sometimes this can be done via telephone. Some agencies require that you first become an approved vendor. In this case, you must fill out a form (this can be done direct-ly through the Internet). It is a good idea to find out who handles the accounts payable and make periodic contact with this person at least every 30 days.

s Among the least enjoyable duties of an expert witness is to bill clients and to collect on outstanding debts. There are some steps that experts can take in order to make collection easier.

E xperts are paid for their services in one of two ways: those who are paid in advance and those who are paid within or around 30 days af-ter the service is completed. Consider the second way. Most attorneys and their clients are hon-

est and will pay if the charges are reasonable. However, some will try to take advantage of the expert’s trust. In addition, even honest attorneys make hon-est mistakes, such as incorrectly billing clients, which ultimately results in ex-perts’ being short-changed.

By Jess E. Dines, BSEE, FACFEI, DABFE

Case Study


Advance PaymentThe most suggested payment method is pay-ment in advance, which is the only way to ensure that you will be paid for expert work. Your client-attorney or client may balk at this, especially if you have never worked for him before. In this case, you need to convince the client that he will receive reputable work. You can give references or testimonials, which can be listed on your Web site. Your client-attorney may want his client to pay you directly. Although this is not un-usual, it can be dangerous because there is a possibility that you may not be paid at all. Be especially wary of non-attorney clients who retain you directly and pay by cash or a ca-shier’s check but have no checking account. You are always free to decline an engagement of course, but if you do accept one in which the attorney’s client is responsible for paying you, check the client’s credit and his ability to pay. Collect as much as you can in fees and anticipated expenses up-front. It is always easier to write a check to refund money left over than it is to collect from a recalcitrant client. Also, be wary in the case that your client-attorney wants to pay you only after his cli-ent first pays him. This is understandable—after all, attorneys are not banks—but it is not acceptable. The best way to avoid this is to insist on a sizable advance payment, one that will cover all the time you expect to spend on the case as well as the anticipated expenses. In any event, your letter of agree-ment should include a statement to the effect that “the client-attorney is solely responsible for payment of all invoices.” If your attorney is out of town and you expect to incur reimbursable expenses, pay-ment should be received in advance (and also be specifically stated in your letter of agreement that the refund is due regardless of the outcome of the case). If your case is taken over by another attorney, make sure all past due fees are cleared up before start-ing work with your new client-attorney, and explain to the new counsel your method of fee collection. Beware also of attorneys who represent people involved in illegal drugs, especially those who have only a post office number as an address. If a written report is involved, you can ensure receiving your money by withholding a portion of your report, such as charts or diagrams, showing that you have put in pertinent significant time doing it. This will also provide a “comfort zone” for your client so he knows you do reputable

work and he will not receive second-hand material. You can also include references of your past clients. After being paid, the expert should send the report promptly to the client. When feasi-ble, suggest that the client pick up the report in order to explain its contents and be seen for its merits before receiving payment. The following are some addi-tional suggestions:

Make a copy of all checks •received for your files. Be-sides having a record of payment received, it also serves to give you the bank and account number if a collection ac-tion is necessary. Be wary of accepting a last-minute call •to produce a report and/or testifying. Because you will have very little time to review the case, you are prone to mak-ing mistakes in the analysis. Also, there will be no time to determine the valid-ity of an advance payment check. Be wary when you are offered a lower •payment amount than what you re-quested. When at the courthouse, the client hopes that you will accept the re-duced payment because you are already there. Worse yet, you may not even re-ceive a check.

Non-Payment or “Insufficient Funds” or “Stop Payment” ChecksIt is likely that sooner or later the expert will experience one or several of these events. There are several recourses that you can take. The best is to work with your client in a dip-lomatic and amicable way to resolve the is-sue. Consider a reasonable negotiation. In the case of bogus checks, contact the district at-torney. In some states, bad checks are treat-

ed as a felony. A “bad check complaint” form is available and must be submitted with copies of all pertinent documents. The chances are good that your client will soon replace this with a cashier’s check or postal order. For non-payment or other invalidated checks, you should file a claim with the Small Claims court, although you will be limited by an amount. A hearing date will be set. The most important fact in winning your case is the validity of the evidence you supply, such as bank notices, cancelled checks, related let-ters, and other correspondence. Devise a sim-ple one- or two-sentence answer to explain why the defendant owes you money. If your client is an attorney, you can con-tact the American Bar Association (ABA) and ask how the ABA can help you collect the money. Attorneys do not want such a nega-tive mark on their record. Finally, you can employ a collection agen-cy. If you do, make sure it’s reputable and licensed. They normally work on the per-centage of the money collected. It is possible that the agency may pocket all or most of the money collected and never contact you. n

About the Author

Jess E. Dines, FACFEI, DABFE, is the author of Expert Witness Manual and Document Examiner Textbook. He holds a BS in electronic engineering. He is a member of FEWA, ACFEI, and NADE. Dines has been qualified as an expert witness over 100 times and retained over 1,000 times in civic, criminal, and fed-eral cases.


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The Definitive Book of Handwriting Analysis

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One of America’s leading handwriting experts has stepped forward to write an exhaustive review of the science of handwriting analysis. Marc Seifer’s newest book, scheduled for re-lease in November 2008, is The Definitive Book of Handwriting Analysis: The Complete Guide to Interpreting Personalities, Detecting Forgeries, and Revealing Brain Activity Through the Science of Graphology. Handwriting analysis is the study of handwriting to reveal the underlying psychology characteristics of the writer. Seifer has been a handwriting expert for more than 35 years, and he is a past editor in chief of the Journal of the American Society of Professional Graphologists. The Definitive Book of Handwriting Analysis is written in a step-by-step fashion, beginning with the history of handwriting analysis. It teaches how to analyze any handwriting, starting with objec-tive factors that include organization, speed, size, shape, slant, and symbolic features. Combining an analysis of these elements produces a full personal-ity profile. The book, weighing in at 336 pages, includes more than 100 handwriting samples, including those from Paul Newman, Bill Clinton, Marlon Brando, Donald Trump, Sigmund Freud, Thomas Edison, Osama bin Laden, Bruce Springsteen, Benito Mussolini, Napoleon Bonaparte, Michael Jackson, Robert Redford, Barack Obama, and Charles Darwin. Part II of the book discusses how handwriting is organized by the brain and includes examples of the link between handwriting and various illnesses and disorders, from dyslexia and epilepsy to stroke and coma. It concludes with a discussion of the link between different personality types, their brain or-ganization, and their handwriting. Part II is an in-depth look at the field of ques-tioned documents, including such topics as free-hand forgeries, tracing, disguised handwriting, and anonymous notes. It features an in-depth discus-sion of how forgeries are created and how they are detected. Seifer has written several books on a variety of subjects, such as Inward Journey: From Freud to Gurdjieff; Nikola Tesla: The Man who Harnessed Niagara Falls; Staretz Encounter: A New Age Thriller; Hail To The Chief; The Big Frame; and The Space-Time-Mind Continuum.

Marc Seifer, PhD, is a renowned expert on hand-writing, and he operates his own practice, Seifer Handwriting Consultants. He has been a sought-after handwriting expert for organizations such as the History Channel. He teaches graphology at Roger Williams University at Bristol, Rhode Island. He has lectured at Oxford University, Cambridge University, Brandeis, and Cranbrook Retreat. He has been a member of the American College of Forensic Examiners since 1996.

Legal Ease

By Andrea Campbell and Ralph C. Ohm

Only a part of the forensic examiner’s profession-al life is spent investigating evidence or interpret-ing test results—most experts in this field are also called into the courtroom. Andrea Campbell and Ralph C. Ohm’s Legal Ease is an excellent primer on navigating the criminal justice system. Divided into three parts, Part One works through an explanation of criminal law. The authors delve into the law itself, how it came about, and how most crimes are defined. Part Two examines criminal procedure and evi-dence. Chapters are devoted to police officers, ar-rests, rights of the accused, and the perspective of the prosecutor. Part Three covers a simple timeline of the ju-dicial process from arrest, to trial, to the rights of the convicted prisoner. This section also includes a chapter highlighting the differences in the juvenile judicial process. Campbell and Ohm have put together a method-ical overview of the justice system, giving special attention to legal procedure with which every fo-rensic professional should be familiar. The authors also employ fascinating and high-profile cases as models as they address important legal concepts. Their tone does not shy away from humor, ensur-ing that the reader will find the book as enjoyable as it is informative. For additional information on legal issues within the field of forensics, be sure to check out ACFEI’s Certified Forensic Consultant, CFC, program.

Andrea Campbell, DABFE, is a Fellow with the American College of Forensic Examiners and has been a member since 1994. She holds a degree in criminal justice. Campbell is the author of many books including Forensic Science: Evidence, Clues, and Investigation and Rights of the Accused. She lives in Arkansas with her husband, Michael, and she has two sons who are in college.

s Legal Ease, by Andrea Campbell and Ralph C. Ohm

s The Budapest Connection, by Dr. Henry C. Lee and Jerry Labriola

s The Definitive Book of Handwriting Analysis, by Marc Seifer

Books by ACFEI Members

s Energy and Momentum in Accident Reconstruction, by Peter H. Rast


Ralph C. Ohm is a Municipal Judge for Hot Springs, Arkansas, and holds a Juris Doctor de-gree. He is a member of the American, Arkansas, and Garland County Bar Association. Ralph lives with his family in Lonsdale, Arkansas.

The Budapest Connection

By Dr. Henry C. Lee & Jerry Labriola, MD

The Budapest Connection opens with three young women, each with gunshot wounds to the head, their corpses left in a bizarre condition. Murder, mystery, and suspense: Drs. Henry C. Lee and Jerry Labriola have succeeded in bringing togeth-er the crucial elements of a page-turning detec-tive novel. The heroes of the novel include a high-profile cast of forensic experts. Lee’s own extensive expe-rience in the field of forensic science contribut-ed to the unique concept of a team of specialists referred to as the GIFT—the Global Interactive Forensics Team. The team includes two foren-sic pathologists and members from the U.K.’s Scotland Yard and Canada’s Royal Mounted Police Force. These are led by Dr. Henry Liu—a forensic scientist and noted university profes-sor—as they travel the world in their private jet, pooling their varied expertise to work the most challenging crime scenes. The novel begins with a triple-homicide, but the suspense doesn’t stop before the crime leads to a more sinister, international plot. The GIFT must prevail through death threats and deception in order to uncover the truth. Lee and Labriola’s work is fast paced and complex—a story that is sure to please forensic professionals and CSI fans alike.

Dr. Henry C. Lee is a professor of forensic science at the University of New Haven and a Life Fellow of the American College of Forensic Examiners Institute, of which he has been a member since 2002. He is the author of Dr. Henry Lee’s Forensic Files (with Jerry Labriola) and Cracking Cases and Cracking More Cases (with Thomas W. O’Neil), among other works.

Jerry Labriola, MD, has coauthored with Dr. Lee on Dr. Henry Lee’s Forensic Files and Famous Crimes Revisited. He is the author of five mystery novels, including the recently released The Maltese Murders and the critically acclaimed Murders at Hollings General.

Energy and Momentum in Accident Reconstruction: A Code 3 Case Study

By Peter H. Rast

In his manual, Peter Rast quotes Henry C. Lee who likens accident reconstruction to “predicting the past.” This perspective explains Rast’s healthy distrust of drawing early conclusions when recon-structing a collision event. Rast’s manual, Energy and Momentum in Accident Reconstruction: A Code 3 Case Study, delves into the math, physics, and even proper police procedure one must employ in order to form and adopt the best theory to explain a collision. Rast describes a hypothetical scenario to take the audience through the reconstruction process, start to finish. Rast covers potential and kinetic energy, mo-mentum, work, force, and friction, and in doing so, he utilizes easy-to-grasp examples from billiards, golf, bowling, and baseball. While much of the information can simply be plugged into the formulas he provides, Rast takes the time to break down the equations so the readers can achieve conceptual understanding as well. Rast also includes the practical application of the reconstruction to legal questions. A key purpose in reconstructing an accident is to determine who is at fault. By applying different mathematical principles, Rast demonstrates how multiple theories can be sup-ported and emphasizes the importance of exhausting all the possibilities before allowing oneself to draw a conclusion about what may have taken place.

Peter H. Rast is a consulting forensic engineer spe-cializing in accident reconstruction and causation analysis. He holds a BS in engineering, an MS in fo-rensic sciences, an MBA, and is currently pursuing a PhD. He is a Diplomate of the American Boards of Forensic Examiners and Forensic Engineering and Technology and currently serves as a member of the Advisory Board of the American Board of Forensic Engineering and Technology.

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s Peter H. Rast

s Dr. Henry C. Lee

s Andrea Campbell

s Marc Seifer


Auguste Ambroise Tardieu Investigator’s Methods Become the Standard for Future Forensic Scientists

During the 1830s, the Duc de Choiseul-Praslin in France, Charles-Louis Theobald, married Altarice Sebastiani, a daughter of one of Napoleon’s gen-erals. The dutiful wife bore nine children in 15 years, but Theobald began an affair with one of the governesses. Although the duchess discovered this and sent the girl packing to another part of Paris, Theobald continued his blatant adultery. Humiliated, Altarice announced her intention to seek a divorce, which would in turn ruin him, but she never got the chance to go through with it. In the middle of the night on August 17, 1847, the household servants heard the bell-pull clang-ing in the duchess’s room, along with the noise of crashing furniture, followed by a piercing scream. They rushed to her aid but were stymied by her locked door, so they went out to the garden under her window and looked up. To their surprise, they saw the duke in the room, so they went back in-side. Now the door was unlocked, which allowed them to find the duchess on the floor amid a chaos of upset furniture, her throat slashed and her head bruised and beaten. They determined that she was dead. But Theobald was no longer there, and they wondered where he’d gone. Just then he rushed in, acting as if he’d only just awoken. He clearly did not realize the servants had seen him in the room moments earlier, but they knew something was amiss with his behavior. So did officials from the Sureté who questioned them before interviewing Theobald. He quickly suggested that his wife was killed during a burglary, but her jewelry remained in clear sight, on display. This had been no burglary. A search produced a blood-covered pistol from under the bed, identified as the duke’s. However, Theobald had an explanation: He’d heard his wife scream and had run into the room with the weap-on, but upon seeing her dead, he’d dropped it on the floor so he could hold her. Realizing she was gone, he’d returned to his own room to wash off the blood. While a blood trail in the hall to his room did confirm his movements, it was unclear whether Theobald had shed it after killing his wife or after holding her wounded body. Then a search of his room turned up a blood-stained dag-ger and the severed blood-stained cord from his wife’s bell-pull. He had more trouble explaining these items.

Case Study

I n the early days, most forensic scientists were generalists who devel-oped methods for examining nearly every aspect of crime investiga-tion. The evidence they gathered with techniques they invented or refined took many criminals by surprise. Their aim was to improve the

pursuit of justice, and some made a considerable contribution.

By Katherine Ramsland


Theobald was placed under arrest, and the police turned to a young pathologist from the University of Paris, Auguste Ambroise Tardieu, for help. He had recently estab-lished himself as a clear-headed thinker with a firm grasp of medicine in a legal context. Tardieu agreed to get involved, and he was allowed to examine the crime scene, the bloodstained weapon, and the body. He placed the pistol under a microscope—a device about which few people were even aware—and on its butt, he located a chest-nut-colored hair similar to the victim’s. He also discovered skin fragments near the trig-ger guard. In addition, when he compared the butt of the weapon with wounds on the duchess’s head, he discovered they perfect-ly matched. This evidence undermined the duke’s story, as did a fresh bite mark on his leg that resembled that from a human. It was the right size to have been sustained in a struggle with his wife. (Dental compari-sons were not yet a discipline.) Tardieu went a step further to logically reconstruct what he believed had occurred, including a motive, and he described how Theobald had tried to stage the crime to appear to be a burglary. Failing this, he’d repeatedly stabbed his wife and then blud-geoned her to death as she screamed and fought with him. Before she died, she man-aged to bite him, leaving her mark. The servants witnessed the last part of this fa-tal altercation, but Theobald then left the room, leaving it unlocked, and when he heard them enter, he arrived and acted as if he were discovering the murder along with them. Theobald apparently realized his story was lame, and he soon poisoned himself with arsenic rather than face both public shame and the guillotine. The case brought Tardieu even more renown throughout France, and he became a regular participant in forensic cases of all kinds. Over the course of his ca-reer, he would consult on more than 5,000 incidents, including an attempt to assassi-nate Napoleon III in 1858. The son of a mapmaker, Auguste Ambroise Tardieu practiced medicine in Paris at a time when many learned men in France were making strides in forensic science, mak-ing the city a center for progressive ideas. In 1843, Tardieu wrote a doctoral disser-tation, which became a classic in medicine and brought him international attention.

His subsequent participation in sensational cases, along with his painstaking scrutiny and prolific writings, made him one of the foremost medico-legal experts of the mid-nineteenth century. At the university he was both a professor and Dean of the Faculty of Medicine, and he later became President of the French Academy of Medicine. Among his many publications was one of the early texts on forensic toxicology, Étude médico-légale et clinique sur l’empoisonnement. With his typical immersion, he also studied abor-tion, criminal insanity, hanging, suffocation, and the social conditions of child endanger-ment. In fact, Tardieu wrote what may possibly be the first book about the sexual abuse and battering of children. In one study, he ana-lyzed more than a thousand cases of abuse, both male and female, fully describing the physical signals. But try as he might to gen-erate interest among his colleagues in the plight of maltreated children, his work went unnoticed during his era. Tardieu did gain considerable eminence with his definitive study of victims of as-phyxiation, noting the pathological differ-ences among those who were hanged and among those who suffocated from stran-gulation, chest pressure, or smothering. He discovered tiny blood spots that occur un-der the pleura and heart with rapid stran-gulation, which he named Tardieu’s ecchy-moses, now commonly called Tardieu spots. Whatever he studied, he also recorded and published, making the results of his wide range of observations and experiments avail-able to other professionals. In a number of cases, such as the following one, he per-formed groundbreaking work. Another criminal incident in France that gained widespread attention in 1863, when Tardieu was 45 years old, was that of Edmond Pommerais, whose failure to make a fortune with homeopathy inspired him to take a more sinister route to wealth. First, he presented himself as a count, so as to be more enticing to the upper class. Apparently this worked, because he soon married a woman from a family of means, Mademoiselle Dubiczy. Yet he retained his mistress, a young woman named Séraphine de Pauw, widowed after Pommerais treated her ill husband. (It is not known whether anyone suspected foul play in this man’s death.)

Pommerais, a spendthrift and gambler, may have poisoned his wife’s mother to get the inheritance, because she died hours af-ter dining with him and her daughter. He soon bankrupted his wife’s estate. To get more money, Tardieu hit on a diabolical scheme: He persuaded Séraphine de Pauw to get insured and make out her will to him. She did, and despite her good health, she suddenly fell ill and died. But the deceased woman had confided to her sister that her “illness” was supposed to have been a pre-tense, part of an elaborate scheme to de-fraud the insurance company and enrich both her and her lover. The sister believed the scheme had been nothing more than a deception—a way for Pommerais to insert himself into Séraphine’s will for his own purposes. When Séraphine died, the sister was certain that she had been murdered, so she told everything she knew to the chief of police, who in turn involved Tardieu. On the suspicion of a poisoning, Tardieu requested that Séraphine’s body be ex-humed, but he found nothing from an au-topsy to indicate a fatal injury or disease. He also supervised testing for arsenic and antimony, but these, too, were negative. Thus, he faced the possibility that a poi-son had been used for which there was no test. Still certain of his guiding hypothesis, Tardieu performed an experiment. He’d learned that before Séraphine de Pauw had expired, she had suffered from a rac-ing heart, so he suspected her killer had use an alkaloid toxin that would produce such symptoms. Taking an extract from the vic-tim’s organs, he injected this substance into a large dog. After a few hours, the animal vomited, lay down, and for the next 12 hours showed symptoms of a racing heart. Yet the animal survived. At the same time, investigators found a number of poisons and drugs among Pommerais’s remedies, including digitalin, used for regulating the heart, which in high doses could be lethal. The “count” had pur-chased it not long before the victim died, and from his depleted stock it was clear he’d used up a considerable amount. In fact, in love letters that Séraphine had written, she mentioned taking this “remedy” for “stimu-lation.” Tardieu injected the dog with digitalin from Pommerais’s stock. This time, the ani-mal died, from heart paralysis. Tardieu had


to admit it was ingenious; Pommerais had known there was no scientific means as yet for detecting digitalin in the human body. He might even have orchestrated a way for his mistress to admit administering it to herself, in the event some clever investigator man-aged to detect it. But compelling logic was not the same as hard evidence. Tardieu knew he needed proof that the woman’s death had been the result of murder. From her room, the police had scraped up traces of vomit, so Tardieu tested it, this time using three frogs. One was a control, one received a pure extract of digitalin, and the other an extract made from the vomit. These latter two test subjects both showed the same symptoms and both died in half an hour, while the control showed no symptoms. Over the course of 2 weeks, Tardieu repeated the experiment several times to be certain of his findings. Finally, he took specimens from floorboards from the victim’s room on which she had not vomited, so as to deflect any sug-gestion that the floorboards themselves con-tained a toxic substance. This extract had no effect on the frogs. Thus, Tardieu proved his theory that Séraphine de Pauw had died of a toxic dose of digitalin, and the most logical culprit for administering it was her physician —Pommerais.

Because the defendant had medical knowl-edge, Tardieu fully expected Pommerais’s de-fense attorney to make a stiff challenge, and he did. The celebrated trial began in the spring of 1864, and the attorney questioned Tardieu’s methods from every angle, focusing specifi-cally on the lack of digitalin in Madame de Pauw’s body tissues. In addition, he claimed it was ludicrous to compare the reactions of a frog with a human being. Tardieu’s decision to extract the poison from the vomit won the day, trumping all arguments about the lack of presence of digitalin in the body. The evidence held up in court, given more weight from the suspicious circumstances, and Pommerais was convicted of the murder of his mistress. He was subsequently executed.

Tardieu went on to assist in many more cases. His logical, patient approach and his determination to support his intuitions with firm and repeatable methodology became the standard for future forensic scientists.

Sources Evans, C. (2004). The second casebook of forensic

detection. Hoboken, NJ: John Wiley and Sons.

Labbé, Jean. (2005). Ambroise Tardieu: The man

and his work on child maltreatment a century before

Kempe. Child Abuse and Neglect, 29, 311–324.

Thorwald, J. (1964). The century of the detective.

New York: Harcourt, Brace & World.

Wilson, C., and Wilson, D. (2003). Written in blood:

A history of forensic detection. New York: Carroll and

Graf Publishers. n

Attn: Chaplains

The Academy of Certified Chaplains is a community of chaplains who passion-ately serve their country in every aspect of daily life in such settings as hospitals, police stations, fire departments, schools, and elsewhere. Their mission is to pro-vide a unified front for devotion, education, and training within the area of chap-laincy and to provide a voice for the dedicated chaplains of this nation.

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For more information, go to www.fbi.gov, click on the “contact us” link, and find your local FBI office.

Call or e-mail your local FBI office and let them know you want to support the mission of the FBI through

the FBI Citizens’ Academy.

About the AuthorKatherine Ramsland, PhD, CMI-V, has published 33 books, including True Stories of CSI and Beating the Devil’s Game: A History of Forensic Science and Criminal Investigation. Dr. Ramsland is an associate professor of fo-rensic psychology at DeSales University in Pennsylvania and has been a member of the American College of Forensic Examiners since 1998.


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KEYWORDS: red-collar criminal, psychopath, parricide, Tarasoff Act

TARGET AUDIENCE: mental health professionals, investigators

PROGRAM LEVEL: update

DISCLOSURE: The authors have nothing to disclose.

PREREQUISITES: none

1 The act of a child killing his or her parents is referred to as:a. Parricideb. Fratricidec. Suicided. Homicide

2 What is the name of the personality trait that the adult children displayed?a. Schizophreniab. Narcissismc. Psychopathyd. Retardation

3 What is the name of the law that mental health professionals must know?a. IRS Actb. Sarbannes-Oxley Actc. Smoot-Hawley Actd. Tarasoff Act

4 What is the name of the defendant that was found guilty of a quadruple homicide?a. Christopher Porcob. Eric Hansonc. Albert Walkerd. Robert Petrick

5 What did Christopher Porco use to kill his father?a. gunb. knifec. axd. chainsaw

POST CE TEST QUESTIONS (Answer the following questions after reading the article)

ATTENTION ACFEI MEMBERS: Journal-Learning CEs are now FREE when taken online. Visit www.acfei.com.

CE ARTICLE 1: THE LULL BEFORE THE STORM (pages 40–54)

ABSTRACT

After studying this article, participants should be better able to do the following:Apply the knowledge that those who kill their parents may not have been abused or mentally ill, but may 1. display anti-social behavior coupled with psychopathic traits increasing the probability of murder.Know that parricide offenders can be red-collar criminals in that they kill in order to silence their parents 2. who have detected their fraudulent behavior.Understand that if a child exhibits psychopathic and anti-social traits coupled with perpetrating fraud against 3. his or her parents, mental health professionals may consider a violence risk factor when evaluating whether the son or daughter is capable of violence and potentially murder.Know legal obligations to warn law enforcement and potential victims of violence under the Tarasoff Act may 4. have increased if the child discloses that he or she is committing fraud against the parents.

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CE ACCREDITATIONS FOR THIS ARTICLE

This article is the fourth and final in a series on fraud detection homicide. In this article, we examine the application of fraud detection homicide to an adult child who is perpetrating fraud schemes against his parents and kills his parents (known as parricide) once they have detected his fraud. Although parricide accounts for less 2 percent of all homicides in the United States, cases have emerged that appear to counter the popular perception that children who kill their parents only do so because of parental abuse or mental illness. Red-collar criminals who may be perpetrating fraud schemes against their parents display psychopathic traits that propel them to use murder as a solution to their parent’s detection of their fraud scheme. In this article, the authors examine two parricide cases that resulted in the conviction of an adult child, Christopher Porco, killing the father and attempting to kill the mother. Another case is a quadruple homicide where Eric Hanson, the defendant, killed his mother, fa-ther, sister, and brother-in-law once his sister and mother detected his fraud schemes perpetrated against the family. The authors advance suggestions for families to protect themselves and also what the obligations of mental health professionals (clinicians) consists of under the Tarasoff Act in warning family members, for example, that they be targets of violence if they confront their child, be it an adult or a minor, of the fraud that is perpetrated against them


CE Article: (ACFEI, CFC, CMI) 1 CE credit for this article

By Frank S. Perri, Terrance G. Lichtenwald, and Paula MacKenzie


This article examines the application of fraud detec-tion homicide to an adult child who is perpetrating fraud schemes against his parents and kills them (known as parricide) once they have detected his fraud. Although parricide accounts for less than 2 percent of all homicides in the United States, cases have emerged that appear to counter the popular perception that children who kill their parents only do so because of parental abuse or mental illness. Red-collar criminals who may be perpetrating fraud schemes against their parents display psy-chopathic traits that propel them to use murder as a solution to their parents’ detection of their fraud scheme. In this article, the authors examine two parricide cases, one that resulted in the conviction of an adult child, Christopher Porco, killing the father and attempting to kill the mother. The other case involved a quadruple ho-micide where Eric Hanson, the defen-dant, killed his mother, father, sister, and brother-in-law once his sister and mother detected his fraud schemes per-petrated against the family. The authors advance suggestions for families to protect themselves and also what the obligations of mental health professionals (clinicians) consist of under the Tarasoff Act. For example, clinicians may be required to warn family members that they may become targets of violence if they confront their adult or minor child over fraud that is perpetrated against them.

DiscussionMany parents often attribute their children’s psy-chopathic behavior to maturity issues or a lack of attention and concentration. It is also common for the wide variety of professionals interfacing with such individuals to attribute one’s psychopathic be-havior to the existence of some inherent parental deficit or to assume that parental abuse or neglect has undoubtedly taken place. Despite the lack of a single definitive cause to explain the occurrence of this type of behavior, most would agree that en-countering individuals displaying such behavior can be both frustrating and at times even dangerous.

Most would also agree that managing individ-uals choosing to engage in psychopathic behavior often becomes particularly problematic for fam-ily members and other personal associates. A large part of the difficulty lies in acquiring a heightened sense or awareness that one’s child is not likely to experience empathy, frequently lies, steals from the family, and can readily provide ample verbal justi-fications for one’s psychopathic behavior. One of the problems that arises for parents is how to cope with psychopathic children as they develop into adolescence and adulthood. Unfortunately, when psychopathic behavioral patterns or psycho-pathic personality traits surface during childhood,

the likelihood increases that these same behavioral patterns and personality traits may remain and become more solidified as they age. Given this gen-eralization, how parents, law enforce-ment, and mental health profession-als elect to interact with psychopathic adult children is important because there have been instances where relat-ed parental and professional miscon-

ceptions or minimizations have resulted in serious physical violence, such as the murder of one or both parents together with siblings. The occurrence of parricide involves different types of parricide offenders. Some incidences in-volve individuals who have suffered parental abuse or neglect, while others involve individuals who suf-fer from a serious mental illness. In contrast, many incidences of parricide involve offenders who are affected by some psychopathic, non-psychotic type of process that can guides one’s homicidal behav-ior. Yet, there are offenders who reveal no signs of mental illness nor disclose abuse as a motive to kill, but may reveal serious anti-social personality traits. The authors concentrate on the anti-social reason why children kill, and they believe that these adult children exhibit psychopathic traits enhancing the probability that they perceive violence as a solution to a problem. Noting that this single type of homi-cide can be committed by different types of parri-cide offenders is important, especially when con-sidering options for prevention and protection.

his study is the fourth article in a series of articles devoted to understanding red-collar criminals. The first study, “Fraud Detection Homicide: A Proposed FBI

Criminal Classification” (Perri & Lichtenwald, 2007), advanced the proposition that there is a sub-group of white-collar criminals who are capable of vicious and bru-tal violence against individuals, namely murder, whom they believe have detected their fraudulent crimes. The sub-group is referred to as red-collar criminals. The sec-ond study is “The Arrogant Chameleons: Exposing Fraud Detection Homicide” (Perri & Lichtenwald, 2008), and the third study is “A Tale of Two Countries: International Fraud Detection Homicide” (Perri & Lichtenwald, 2008).

s Volume 16, number 4, Winter 2007

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A Proposed Addition to the FBI Criminal Classification Manual:

OThe Perri Red-Collar CrimeMatrix (RCM)

Key Words:

Abstract

I would have had the

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Fraud-Detection Homicide

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The Edward Leak Case

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A Tale of Two Countries: InternationalFraud-DetectionHomicide

s Christopher Porco

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T

Abstract

The Arrogant Chameleons:

Key Words:

Exposing Fraud-Detection Homicide

Past Issues in the Red-collar Criminals Series


The article examines the general concept of psy-chopathy, the phenomena of parricide, and how the interplay of these two concepts influence our under-standing of two specific parricide cases—the cases of Christopher Porco and Eric Hanson. The article is also a continuation of the examination of red-collar criminals (white-collar criminals who have turned violent). The research discusses how these concepts are significant in structuring prevention and protection strategies as well as understanding one’s obligation under the Tarasoff Act to warn law enforcement and targeted victims of violence.

The Concept of PsychopathyAccording to Dr. Robert Hare, international psy-chopathy expert from the University of British Colombia, the term or concept of “psychopathy” has had a long and sometimes confusing history. Dr. Hare (1991) states that part of the conceptual confusion stems from the use of multiple terms to describe similar personality traits and behavioral patterns (e.g., moral insanity, psychopathic per-sonality, sociopathy, antisocial personality). These writers contend that the concept of psychopathy is best understood in terms of a range or degree of personality and behavioral traits that are typically associated with negative implications. The concept of psychopathy is no longer in and of itself an ac-tual clinical diagnosis; rather, it refers to a specific cluster of traits and behaviors used to describe an individual in terms of pervasive dominating person-ality traits and behaviors (Gunn & Wells, 1999). One should understand that psychopathy is not a mental illness, but a personality disorder. The theoretical model delineated by Dr. Hare identifies a number of personality and behavioral characteristics that have become a generally ac-cepted definition of psychopathy. “Psychopathy” is not officially identified in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR), but Hare (1993) defines it as “ … a personality disorder defined by a distinctive cluster of behaviors and inferred per-sonality traits, most of which society views as pe-jorative.” Psychopaths are not disoriented or out of touch with reality, nor do they experience the delusions, hallucinations, or intense subjective distress that characterizes most other mental disorders. They are rational and aware of what they are doing and why. Their behavior is the result of choice, freely exercised but coupled with a distorted sense of real-ity (Perri & Lichtenwald, 2007). Psychopaths also have difficulty projecting into the future; that is, they have difficulty understanding how their actions play themselves out in life. In addition, they have deficits in reflecting on their past: “[t]hey are pris-oners of the present” (Meloy, 2000). As Edelgard Wulfert, forensic psychologist and professor at the

University of New York at Albany, stated, “A psy-chopath invents reality to conform to his needs” (as cited in Grondahl, 2006). Other signature traits of psychopaths are their chronic cases of self-centered-ness, parasitic lifestyle, egocentrism, and narcissism that places their own interests and the pursuit of their desires above all others in a way that disre-gards the rights or feelings of others. Although all of the traits are important, there are certain traits that stand out more than others in terms of identifying psychopaths, all of which we shall see in the cases presented in this article. Lack of remorse or guilt is the benchmark of psychop-athy—in other words, a lack of conscience. This trait most closely relates to a psychopath’s lack of remorse for his or her actions, because the psycho-path is not capable of internalizing how his or her behavior had an impact on another person. Usually, when people feel bad about what they do to hurt someone, there is an unsettling physical behavior that accompanies the feeling of being remorseful. This quality does not apply to psychopaths, and they are capable of fooling people with outward signs of emotions because they learned by watching others how they should behave emotionally given a set of circumstances (Meloy, 2000).

“For God said, Honor thy father and thy mother.”

—Exodus 20:12

Parricide In contrast to serial murder, parricide often rep-resents a crime that affects people personally be-cause it transgresses sacred values of family that are embraced within one’s society (Heide & Boots, 2007). Yet, according to experts, parricide is one of the few crimes that remains an anomaly to many observers and can make people quite uncomfort-able because it is a family relationship with which they may identify. Merriam-Webster (2004) defines parricide as “One that murders his or her father, mother, or other close relative.” Less than 2% of all homicides in the United States are parricides (Boots & Heide, 2006). International parricide expert Dr. Kathleen Heide includes attempted homicides in the operational definition of parricide because whether a homicidal incident results in death to the intended victim is often the result of factors such as physical stamina of the victim, the immediate availability of medical care, or the marksmanship of the offender (Heide & Boots, 2007). Multiple-victim offenses in which other family or non-family members are killed in addition to at least one parent are also included in the operating definition of parricide (Heide & Boots). Children who have murdered one or both of their parents have been studied, along with their families,

Portrait of a PsychopathDr. Robert Hare (1991) notes that psychopathy can be distin-guished from officially recog-nized personality disorders, “ … on the basis of its characteristic pattern of interpersonal, affec-tive, and behavioral symptoms.” Some of the most significant per-sonality and behavioral traits identified by Hare are noted be-low (Herve & Yuille, 2007):

InterpersonalSuperficial charm•Grandiosity•Lying•Conning & Manipulation•

AffectiveRemorselessness•Shallow affect•Callousness•Failure to accept •responsibility

LifestyleImpulsivity•Seeking of stimulation•Irresponsibility•Parasite lifestyle•Lack of realistic goals•

Anti-SocialPoor behavior controls•Delinquency•Criminal versatility•Early behavioral •problems


by a variety of investigators. Different theories have been developed to examine dominant motivating factors of those who commit parricide. According to Dr. Heide (1995), the severely abused child typically does not have a history of serious mental illness. These children kill because they could no longer tolerate the physical and/or psychological abuse occurring in the home. For this group of offenders, “killing represents an act of desperation and the only way out of one’s familial situation” (Heide). Studies examining juvenile and adolescent parricide offenders in the United States have found that the majority of these cases appear to be abuse related (Boots & Heide, 2006). The second offender group, the severely men-tally ill child, typically kills because the intent to do so is related to some psychotic and/or delusion process (Heide, 1995). Clinical reports and stud-ies in the United States have found serious mental illness to be a common reason why adult children kill their parents (Boots & Heide, 2006). Some of these offenders are not even tried as killers be-cause the courts have found them unfit (Heide, 1992). These cases involve mentally ill adult chil-dren who are not capable of living independently and live with or near the parent(s), are emotionally and financially dependent on their parent(s), and have limited social relationships outside the fam-ily (Cooke, 2001). In some cases where mental ill-ness is the issue, parricide occurs when the perpe-trator perceives that real or imagined rejection or abandonment is imminent, thus creating a sense of hopelessness (Cooke). The third offender group, the dangerously anti-social child, is comprised of parricide offenders who are typically free from hallucinations, delusions, or other symptoms of a serious mental illness. Dr. Heide states that offenders in this group murder for self-serving and instrumental reasons, none of which have anything to do with abuse or the pres-ence of a severe mental illness. For example, con-sider the Menendez brothers, who murdered their mother and father and lied about being abused as the motive for the killings so that they could gain financially (Pergament, 2007). The authors posit that the dangerous anti-social child that Dr. Heide refers to harbors psychopathic personality traits that facilitate the child’s ability to consider homicide as a solution to satiate his or her needs. However, it is the psychopathic child’s appearance of normal-cy that can be so disarming in considering how to interact with them both as family and as a clini-cian. Although the overwhelming majority of offenders involved in incidents in which fathers and moth-ers were killed were adults, juvenile involvement is noteworthy. Approximately one in four offenders involved in the killings of the father (25.4%) and one in six offenders involved in the killings of the

mother (17.0%) were under 18 years of age (Heide & Petee, 2007). Parents killed tended to be white; white mothers comprised 75% of the victims and white fathers comprised 68% of the victims (Heide & Petee, 2007). Males were more likely than fe-males to commit parricide. Males comprised 87% of the offenders and came from middle and upper-class social strata (Heide & Petee). Literature on the international cases of parricide has focused on the role of mental illness in the kill-ings. For example, in one Canadian parricide study, paranoid schizophrenia and drug and/or alcohol abuse disorders were reported as the most com-mon diagnoses. When looking only at the killing of the mother, the child was male, overly violent, and suffered from schizophrenia (Boots & Heide, 2006). In a French parricide study, 60% of the of-fenders were reported to have psychosis (Boots & Heide).

The Christopher Porco Case During the early morning hours of November 15, 2004, Christopher Porco, then 21 years old, en-tered his family home in New York and brutally murdered his father, Peter, and attempted to mur-der his mother, Joan, with an ax while they were sleeping (Perri & Lichtenwald, 2007). When the authorities found Joan, her brain had been exposed, her jaw had been dislodged, and she eventually lost one of her eyes. The father was found practically decapitated. Interestingly, the mother told the au-thorities that Christopher was responsible for the murder, but she later recanted her statement to the police (McNiff & Cuomo, 2006). The behavioral data from the Christopher Porco case did not reveal a murder in which the adult child alleged that the murder was justified because his parents had abused him as a youth or an adult.

Three Classifications of Parricide Dr. Kathleen Heide (1995) proposes that most parri-cide offenders fall into one of three classifications:

The severely abused child 1.

The severely mentally ill child 2.

The dangerously antiso-3. cial child who may kill out of greed for insurance or inheritance reasons


He offered no history of mental illness as a defense at his trial, and he did not suffer from psychosocial and psychological deprivations, nor did he fear for his life. He was convicted of the murder of his fa-ther and the attempted murder of his mother. This is a case of two parricides under Heide’s operational definition of parricide. What is instructive about the Christopher Porco case is that as Christopher exhibited the qualities of a psychopath, his parents attempted a variety of parenting techniques to both discipline their son as well as force him to adhere to their value sys-tem. The data from this retrospective study sug-gests that Peter and Joan Porco did not understand that Christopher was capable of murdering them to prevent them from obstructing his wants. Additional research from the Porco case indicates that psychopaths who are raised in anti-social envi-ronments tend to develop into violent psychopaths, whereas those who are not raised in such environ-ments and have access to positive social and edu-cational resources are more likely to develop into non-violent white-collar criminals (Hare, 1993). The behavioral data in the Porco case yielded no indication that Christopher Porco was raised in an anti-social environment; in fact, the data reflects the opposite: He was highly intelligent and came from a solid middle-class family. Together, the Porco and Hanson cases serve as a warning to parents who do not develop protective measures when they and those working with these troubled families fail to recognize the child’s psychopathic traits. We ob-serve these traits during adolescence, continuing into adulthood, with wants being forced against family values with no sense of remorse. These authors believe that parents, by either ig-noring or not interpreting their child’s behaviors correctly, expose themselves and the rest of their

families to psychopathic destruction, either emo-tionally, financially, or possibly even physically (Perri & Lichtenwald, 2007). As we shall later ad-dress, there is a shift in the behavior of psychopaths that mental health professionals must be aware of that may require them to warn family members that they may be a target of violence, especially if the family detects and confronts the child about his or her fraud activities. In addition, there is of-ten a pattern of escalating conflict between the of-fender and the victim(s) that includes threats and/or assaults: The data reveals that at least half of the parricides stem from arguments (Heide & Petee, 2007). The study of the behavioral data yielded warn-ing signs of Christopher Porco’s psychopathic qualities. In general, Porco left a trail of deceit-ful behavior. One specific example of this deceit-ful behavior is that Porco was known to have ma-nipulated college transcripts from Hudson Valley Community College, located in upstate New York, reflecting false grades so he could be readmitted to the University of Rochester after he was forced to withdraw for poor grades (Karlin, 2006). In addi-tion, during the course of the murder investigation, authorities determined that Porco had a history of anti-social behavior that included burglarizing his parents’ home and selling their computer equip-ment on eBay (Lyons, 2006c). Interestingly, one month before the murder, the parents froze their eBay accounts after Christopher Porco never sent the items sold on eBay. During the investigation, it was revealed that Porco posed as his brother and sent e-mails to customers ex-plaining that his brother had died and was unable to send the purchased items (Lyons, 2006c). He was also known to have broken into his former employer’s place of work to steal cell phones, cam-eras, and computers (Lyons). He fraudulently ob-tained loans using his parents as co-signers with-out parental knowledge after obtaining his father’s relevant personal and tax information. Christopher Porco had told his parents that he only needed a co-signed $2,000 loan for school, yet he fraudu-lently took out a loan for more than $30,000 to pay for college expenses (McNiff & Cuomo, 2006). Moreover, to keep up with the appearance that he was from a wealthy family, he accumulated more than $40,000 in debt from lavish spending and Internet gambling (McNiff & Cuomo). There were several e-mail correspondences be-tween Porco and his parents that exemplify the tensions between the parties and accurately sup-port research stating that conflicts and arguments are a catalyst for parricide. The parents eventually confronted Porco on his fraudulent behavior and threatened to go to the authorities to take action against him. In one e-mail, the father wrote, “Did you forge my signature as a co-signer? What the

s Video taken by a security camera at the University of Rochester showed Chris Porco inside his yellow Jeep Wrangler supposedly heading toward the high-way at about 10:30 p.m. on November 14, 2004. Prosecutors alleged he was on his way to his parent’s home on the day of the attack and murder. He alleg-edly arrived at 2 a.m. on November 15, 2004.

s Joan Porco is shown in this undated family photograph, taken before the ax attack that left her husband dead and her face disfigured.


hell are you doing? You should have called me to discuss it. … I’m calling Citibank this morning to find out what you have done and am going to tell them I’m not to be on it as co-signer” (as cited in Perri & Lichtenwald, 2008). Amazingly, the next day, Citibank notified Peter Porco that Christopher Porco had also obtained a line of credit of more than $16,000 to purchase his new Jeep Wrangler (McNiff & Cuomo, 2006). Again, Porco used his father’s name as co-signatory to secure the auto loan. The parents tried to con-tact Porco via the phone, but he would not talk to them. In another e-mail, the father stated, “I want you to know that if you abuse my credit again, I will be forced to file forgery affidavits in order to disclaim liability, and that applies to the Citibank college loan if you attempt to reactivate it or use my credit to obtain any other loan” (as cited in McNiff & Cuomo). In the same e-mail, the father went on to say, “We may be disappointed with you, but your mother and I still love you and care about your future.” Interestingly, Christopher indicated that he had committed fraud to “absolve my parents the financial burden of college” (as cited in Lyons, 2006a). What is ironic is that he took the money to also buy himself a new Jeep. There was no evi-dence that at a minimum he took the money to pay off some of his earlier debts. One can see how Christopher Porco supports Dr. Meloy’s position on psychopathy, where the individual is remorse-less, lives in the present, and is not capable of un-derstanding how his or her actions play themselves out in terms of harming others and, eventually, themselves. Furthermore, one can observe how the escalation in tensions in the Porco case fits the re-search where many of the parricides stem from ar-guments between the parents and the child (Heide & Petee, 2007). Despite the chaos Christopher Porco brought into his parents’ lives, they told him how much they loved him. Unfortunately for them, though, their love was irrelevant for what he planned to do next. Less than 2 weeks from the time the father warned Christopher Porco that he would not hesi-tate going to the authorities for his son’s fraudulent behavior, Christopher executed his plan to negate

the threat. It has been the experience of the authors that the victim’s threat of exposing the fraud will force a shift in the psychopath’s strategy from em-ploying charm, cunning behavior, and manipula-tion on the victim to employing violence in an ef-fort to silence the victim.

The Concept of Psychopathy and Christopher PorcoSeveral Albany, New York, area psychologists and mental health professionals familiar with the case stated that “Christopher Porco fits the profile of a psychopath” (Grondahl, 2006). They focused on his continued pattern of lying and deceitful behav-ior. Furthermore, these professionals also pointed to his pattern of grandiose perceptions centering on himself as a member of a wealthy and influen-tial family. Christopher Porco was known to have lied to friends and acquaintances about a fictitious inheritance from his grandmother of millions of dollars. Even Peter Porco was reported to have said to a co-worker that his youngest son was a socio-path (Lyons, 2006b). Many people found Christopher Porco’s behavior strange given that he was out of custody because he made bail on murder charges. For example, while

s Peter Porco smiles in this undated photograph. He was murdered with an ax on November 15, 2004. His son, Christopher Porco, was convicted of the murder, which prosecutors say occurred after his Christopher Porco’s parents con-fronted him over his fraud activities.

The ax used to murder Peter Porco and gravely wound his wife, Joan, is shown in this evidence photograph.


awaiting trial, many found him to be strange-ly arrogant, drinking in bars, attending con-certs, going out to entertainment establish-ments, and driving around the yellow Jeep that witnesses state was the same Jeep he used to drive to his parents’ home on the night of the murder. This behavior fits the traits of an individual in need of grandiosity and embel-lishment of his life (Grondahl, 2006). As fo-rensic psychologist Wulfert stated, “There’s an overlap between psychopathic and narcis-sistic tendencies. … He (Christopher) be-lieves that the rules do not apply to him and he has a need to show off in front of people” (as cited in Grondahl). Hopefully, most parents of psychopath-ic children will never experience this hor-rific scenario; however, not undertaking the proper precautions can result in tragic conse-quences. As demonstrated in the Porco case, the parents incorrectly believed that discipline and “tough love” was the answer. They failed to understand that psychopaths follow one set of rules—their own. It is not uncommon for psychopaths to lash out violently when they believe they are losing control over a sit-uation, especially one in which they believe their freedoms may be taken away. In this case, the father indicated that he was will-ing to go to the authorities for Christopher Porco’s fraud. When psychopaths such as Christopher Porco lash out violently, society, in general, incorrectly assumes that he was angry at his parents and that his emotions got the bet-ter of him. Somehow, under normal cir-cumstances, it would not be his character to become violent. Again, societal percep-tion incorrectly injects a non-psychopathic explanation to the murder by attempting to inure an emotion to the killing—it was the defendant’s emotional state that was the im-petus for the killing (Perri & Lichtenwald, 2008). For Porco, the data suggests that the issue was not about anger nor other unresolved emotions, but about his perception of murder as being a viable or acceptable means of con-flict resolution. Many parents are unaware of this mindset and are probably not equipped to suggest that a child would be capable of formulating such solutions. Consequently, they do not perceive their parental behavior as the obstacle to their child’s self-gratifying desires. The truth is, the Christopher Porcos of the world do not engage in a moral debate within their minds as to whether murder is an option. They perceive parental control as a form of provocation sufficient to over-

come them, so they commit heinous acts. Their strong need to “win at all costs” means eliminating others to maintain control, and murder is certainly a viable option because it is the ultimate form of control over an in-dividual. The thought that one’s child may exhibit reptilian qualities can drive parents into de-nial and consequently lead them to under-estimate their child’s proclivity toward vio-lence. One observes how Christopher Porco’s mother simply recanted her statement and tried to protect her son even when the ev-idence overwhelmingly pointed to him as the murderer. She wrote a letter to the local newspaper, The Times Union, stating, “I im-plore the Bethlehem police and the District Attorney’s Office to leave my son alone, and to search for Peter’s killer or killers, so that he can rest in peace and my sons and I can live in safety” (Lyons, 2005b). She stated, “With every ounce of my being, I cannot accept that Christopher could have, or would have cho-sen to butcher us in any conceivable way, or any conceivable reason” (Lyons, 2006a). Moreover, even after her son was found guilty of murder, the mother at the sentenc-ing stated, “Please allow Christopher the opportunity to attain freedom in my life-time. I believe him to be innocent with all my heart. Please give him a chance to use his talents to make a significant contribution to society” (Lyons, 2006a). Unfortunately the mother did not understand that her attempt to bond with her son did not mean that he would reciprocate the bonding, a common misconception parents of psychopathic chil-dren harbor. What makes the Porco case difficult to accept, whether a parent or not, is the fact that Christopher Porco’s parents tried to do the right thing by being disciplinarians, coupled with not letting their child believe he was unloved. Despite all of the goodwill bestowed upon Christopher Porco, none of it mattered to how he treated his par-ents. Christopher Porco’s parents probably thought that he would one day see the error of his ways and thank them for using the “tough love” approach. Yet, Porco’s destruc-tive behavior did not decrease even though he was quoted referencing his bogus col-lege transcripts, “I’ve learned my lesson, I really need this tough love” (Karlin, 2006). In fact, the parents’ behavior exacerbated the problem—it was as if the parents were pouring gasoline on an already out-of-con-trol fire, and the result was an escalation of family turmoil.

Ironically, Christopher Porco perceived his parents’ position of being caring and loving as a weakness to be exploited (Hare, 1993). One can observe how Christopher’s destruc-tive behavior accelerated over his life and well into adulthood with escalating family turmoil. Each move that the parents took to discipline Christopher was met with a counter-move by their son. Christopher did not view his parents’ disciplinary actions as gestures of parental love, but as attempts to curtail his self-gratifying, egocentric person-ality. It is interesting to note that during an in-terview with CBS, while visiting his mother at the hospital, Christopher Porco stated, “I saw her—she was swollen and covered in tubes and my reaction was I burst into tears. I fell on the floor right there” (Bell, 2007). Yet a former youth leader minister named Joseph Catalano who went to the hospital to be with Christopher Porco claimed to be “struck by Porco’s odd behavior because he did not seem to exhibit any grief” (Bell). The psychopaths’ use of the “chameleon strategy” is not surprising in that they attempt to read a situation and determine what the appropri-ate emotional response others want to hear to make them appear sympathetic to outsiders (Perri & Lichtenwald, 2007). Fortunately, someone was present to observe his true be-havioral response.

Therapy and PsychopathyTherapy is often a panacea that appears to be a solution for many people. However, ther-apy has not proven to be a viable solution for psychopaths. There are several problems with viewing therapy as a viable solution. First, these individuals do not believe there is anything wrong with them. They do not look at their behavior with regret, they ex-perience little, if any, anxiety over their ac-tions, and they are capable of rationalizing their behavior given they obtain perceived rewards from their behavior. The second problem is that attempting to use therapy as a method to inculcate em-pathetic qualities is futile. Trying to teach a psychopath to be remorseful is like trying to teach an alligator to apologize for eating its young. In fact, psychopaths may view thera-py as a method of gaining new insights into human weakness that they can use to ma-nipulate others. Often, therapy is pushed on them by desperate parents, and they simply go through the motions. Psychopaths don’t feel they have psychological or emotional problems, and they see no reason to change


their behavior to conform to societal standards with which they do not agree. The stark reality is that therapy may actual-ly make matters worse. According to one study, psychopaths were four times as likely to behave violently post-therapy than other patients (Hare, 1993). The psychopaths who were not part of the therapy sessions were less likely to be violent upon release from the treatment program. As one psy-chopath stated, “These programs are like finishing school. They teach you how to put the squeeze on people” (Hare). Quadruple Homicide: The Eric Hanson CaseEric Hanson was found guilty of a quadruple homi-cide in February of 2008. He murdered his mother, father, sister, and brother-in-law and has been sen-tenced to death. According to the prosecution, the defendant is responsible for the theft of more than $150,000 from his parents through forgery, mail fraud, credit card fraud, and identity theft schemes (Golz, 2008a). In fact, just hours before the kill-ings on the night of September 28–29, 2005, be-cause Hanson lived with his parents, he was able to intercept a $13,800 check delivered to the fam-ily’s home and deposit it into his personal bank account (Golz, 2008d). He continued to use the parents’ credits even after their murder. As State’s Attorney Joseph Birkett stated, “Eric Hanson in a cold, calculated and premeditated manner, com-mitted the execution-style murders out of greed and fear of having his fraudulent scheme discov-ered” (Rozek, 2005). The motive that the prosecutor advanced ac-curately reflects fraud detection homicide where a bonafide red-collar criminal silences those who discover, and are in a position to reveal, their fraud schemes that pre-date the murder (Perri & Lichtenwald, 2007). Family members told the police that Mary Hanson discovered Eric’s fraud scheme when she had trouble using one of her cred-it cards (Burghart, n.d). Apparently, Eric opened multiple credit cards in 2004 using his moth-er’s name and her mailing address, but later Eric Hanson added himself as an authorized user and changed the mailing address from his parents’ home address to a post office box (Golz, 2008e). Kate Hanson confronted Eric about the fraud and threatened to tell their father if he did not confess, and Eric threatened to kill Kate if she disclosed what she knew about his fraud schemes to their father (Gregory, 2008b). Eric denied the threat; however, a letter he wrote to his cousin from jail confirmed the threat where he stated, “I called Kate and told her to stay out of my life. … If she didn’t, she would regret it. When she asked me if I was threatening her, I said, ‘No, it’s a promise’” (Golz, 2008c). According to

Jennifer Williams, the sister who lives in Minnesota, her deceased sister Kate told her that Eric threat-ened to kill her if she disclosed the fraud detection (Gutowski, 2008d). Although the father was shot in the back of the head and the mother was shot in the face while they were sleeping, the prosecution claims that he carried the bodies to his sister’s home, where he had already killed both his sister and brother-in-law with blunt trauma force (Gutowski, 2008c). Jimmy’s face was not recognizable and Kate’s arms were broken as she tried to protect herself from the blows to her head (Gutowski, 2005). On the morn-ing of September 29, after the murders, he went to Los Angeles to visit his ex-girlfriend, Allison Beck, but it appeared that his visit had to do with more than just attending a concert with her. Prior to Beck and Hanson meeting in Los Angeles, Hanson called her and told her of the murders of his parents, sister, and brother-in-law (Barnum, 2008b). At this point, Beck did not meet with him because of a conversation she remembered having with Hanson. Several weeks before the mur-ders, Hanson became livid with Beck when he sus-pected that she and Kate Hanson spoke about him. Beck denied the conversations when Eric Hanson pressed her, and he stated, “If I ever find out, you’re going to get it” (Barnum, 2008b).

s Eric Hanson stares blankly ahead in this law enforcement mug shot.º


Beck responded, “What does that mean?” Hanson stated, “Wait and see.” “Is that a threat?” Beck asked. “No, it’s a fact,” stated Hanson. When police wanted to talk to Eric Hanson about the murders, he initially declined but then agreed. He had told the police that he was will-ing to talk to them about the killings, but that he was still in Los Angeles (Gutowski, 2008d). However, law enforcement was able to discover through cell phone usage the call was being made from Wisconsin (Gutowski, 2008d). After he was stopped, he told the police that he was on his way to Minnesota to tell his sister Jennifer of his grisly finding. Practically, Eric Hanson was on his way to Minnesota to silence the last piece of the puzzle that he believed tied him to the murders because of his belief that she knew of his fraud. Furthermore, Jennifer Hanson received a call from Eric on September 28, 2005, where he asked if he could stay with her and her family because he wanted to see a ball game (Gregory, 2008b). However, all the other times that he came to Minnesota, he would never spend time with Jennifer or her family (Gregory, 2008b). After the police stopped Eric Hanson in Wisconsin, they found his father’s blood stains on a glove in the car together with Jimmy’s Rolex watch and Kate’s diamond ring (Gutowski, 2008d). In applying Dr. Heide’s operational use of par-ricide, this is a case of four parricides where all the victims were related to Eric Hanson. The problems Eric had with his parents as well as his chronic ly-ing and deceitful ways with others revealed a high probability that he exhibited psychopathic traits. As he aged he spent time in a youth home, went to prison for home invasion in Michigan, and past

girlfriends testified how he lied to them, stole from them, and became violent with them (Gutowski, 2008c). He was known to watch videos of animals being tortured and killed, and a family friend told authorities that Eric had forcibly held his daugh-ter’s head under water (Burghart, n.d). Most disturbing of all was a 911 call from Kate Hanson back in 1993, when she told the police that he held a knife at her throat. Kate Hanson stated, “(He) got very mad at me and grabbed the top of my hair and threw me down on the wooden floor. His face turned color because he was so angry and he said, ‘I might as well kill you because as soon as my probation officer finds out, I’ll be sent away anyway. … I can cover it up. No one will know’” (Gutowski, 2008c). Eric’s aunt, Donna Hanson, stated she observed “strange behavior over the years but was told he was getting help, and so we wondered but did not get involved, figuring Terry and Mary (Eric’s parents) were trying the best to help him; this has been hell on the dynamics of the entire family” (Hanson, 2006). In fact, Eric Hanson’s lifestyle, chronic lying, flagrant spending, and constant freeload-ing caused family fights (Gutowski, 2008d). Yet, Hanson indicated that he had “zero money prob-lems” (Burghart, n.d.). Hanson’s statement that he had “zero money problems” would seem reason-able given that he stated, “It just seemed like free money” to describe his fraud (Gutowski, 2008e). He spent more than $14,000 on a new motorcy-cle several months before the murders (Barnum, 2008c). One former co-worker who chose to re-main anonymous, stated the following:

He told all of us at work that he had a day job sell-ing insurance and that he played golf in college and was a pro but hurt his back. Then I found out he never graduated high school and never even went to college in Michigan or somewhere and he was in prison for home invasion. He also had a friend come into work and tell him his sister died in a car accident so he could get the weekend off. We all chipped in some money, because he was going to miss work. He took the money and thanked ev-eryone for understanding. Thing is, his sister never died in that car accident. Just an evil soul. (Former co-worker, 2006).

The evidence reveals that if Hanson did kill, he did not kill because he had a mental illness. Nor is there any evidence that he was abused. Psychologist Dr. Marva Dawkins evaluated Hanson and con-cluded that he exhibited narcissistic personality disorder, attention deficit hyperactive disorder (ADHD), and learning disabilities, coupled with anti-social features with no evidence of psychotic disorders (Gutowski, 2008b). Dr. Dawkins de-scribed the narcissistic personality disorder Hanson

s This family portrait of the Hanson fam-ily was made during the 1970s. Pictured are Terrance and Mary Hanson, with their children, from top, Jenny, Kate, and Eric.


exhibited as “an element of self-love” and “believ-ing they are superior or unique and deserve rec-ognition by others” (as cited in Barnum, 2008a). As to Hanson’s ADHD, Dr. Dawkins indicated that ADHD “doesn’t tell us if a person will do good things or bad things” (as cited in Barnum). Interestingly, a psychologist who evaluated Hanson a decade earlier indicated that he “wasn’t a threat to commit more violence” (Gregory & Barnum, 2008). Dr. Dawkins further testified that Hanson lacked the ability to form deep bonds with others or to feel much empathy for others (Gutowski, 2008c). However, we can observe the manipulative games Hanson played when he attempted to inure an emotional quality to his relationship with his fam-ily when he told a reporter, “I think the older I got, the closer I got with my parents. … I always looked at my family as kind of a rock, someone you could rely on no matter what” (Gutowski, 2008f). Other psychopathic traits Hanson exhibited that were dis-closed by the prosecutor included “deceitfulness, lack of remorse, impulsivity, reckless disregard for the safety of others, irritability, and aggressiveness” (Golz, 2008b). In fact, just like the Porco case, Dr. Dawkins stated that Hanson came from a loving, supportive home that one could characterize as af-fluent, upper-middle class. There was no evidence of childhood emotional or physical abuse or ne-glect, but as Dr. Dawkins stated, “He has the per-sona of presenting himself as a macho guy, some-one who has it together … but from what we have learned, he’s actually a very vulnerable, weak indi-vidual in terms of his own self-esteem” (Gutowski, 2008b). What is very interesting about Dr. Dawkins’s statement is that it dovetails with Dr. Hare’s ob-servation of psychopaths’ personality structures be-ing as thin as a balloon. Factors that may puncture their ego, such as threats, can result in a narcissistic rage, even though they perceive their personality structures to be sound. The Hanson case supports current research that reveals most parricides occur by males who are white and who come from mid-dle- to upper-middle income class families (Cooke, 2001). However, the data does not support Dr. Heide’s findings that many adult parricide offend-ers are compelled to murder because of a mental illness. Hanson exhibited no signs of a mental ill-ness. Though Hanson’s parents never turned their back on him, Jennifer Williams said that their mother was especially concerned with protecting the family image (Burghart, n.d.). In fact, the mother’s behav-ior could be characterized as enabling when she was attempting to find a way to pay off Eric Hanson’s fraudulently obtained money. She took out loans in the tens of thousands of dollars to pay off the credit card debt he had accumulated (Gutowski,

2008a). The mother wanted to cover for her son because she believed that he would try to hurt himself, even though Kate Hanson was livid and threatened to tell their father (Gutowski, 2008d). Parents have been known to exacerbate an already difficult family situation when dealing with psy-chopathic children (Hare, 1993). Hanson was not capable of reciprocating fam-ily obligations of respect and support despite his parents’ effort to show him through example what family support is, as exemplified through Jennifer’s victim impact statement to the court:

My parents did so much for Eric. …When he was in trouble at school, my parents would meet with the school officials. When Eric was in trouble at home, they would go to counseling with him to try and help him out. When he was in trouble with the police, my parents would get him a lawyer and attend court with him. They supported him when he wanted to go to golf school, when he wanted to be a CNA, or when he was trying to work as a mortgage officer. They let him live under their roof, helping him get on his feet. … Eric murdered the only people in his life that loved him uncondition-ally (Williams, 2008).

Like the Porco case, the Hanson case tends to deviate from Dr. Hare’s general observation of how psychopaths emerge in life. The quality of the fam-ily unit has no effect on the emergence of criminal-ity in psychopaths. Depending on whether there are positive resources available in one’s environ-ment, it is the type of criminality, violent versus non-violent, that a psychopath may gravitate to-ward that is an issue. It is this deviation from Dr. Hare’s observation that makes the red-collar crim-

s In this September 2001 photo, Jimmy Tsao and his new bride, Kate Hanson, center, pose with her parents, Mary and Terrance Hanson, on the couple’s wedding day. The four were found slain Sept. 29, 2005, in Aurora, Illinois.


inals who, in this case, commit parricide so brutally and so misunderstood by the public. These individuals did not have aggravating environmental factors that one would logi-cally assume accentuated the probability that they would resort to violence. Often, mental illness or abuse, common explanations used to rationalize these hor-rific situations, are helpful in protecting sa-cred values and reducing our own anxiety when explaining parricide. Yet, as the Porco and Hanson cases demonstrate, these com-mon explanations may not apply because it is the shear conscienceless behavior of these individuals rejecting those sacred family and societal values that makes murder an option. We do not see Christopher Porco or Eric Hansen somehow sparing their mothers be-cause they appear to have championed their son’s cause or attempted to bail them out. Their mother’s values were never important to them to begin with.

Prevention & Protection: Options for Parents & Other Family MembersParents who have concerns about behaviors that are similar to Christopher Porco’s or Eric Hanson’s can employ some preventative or protective measures, but as the ancient prov-erb states, a house divided against itself can-not stand. Family disagreement over how to deal with such a child can end in tragedy. Just as a business implements internal controls to safeguard its assets from being misappropri-ated, so too should parents implement their own internal controls to protect their own tangible and intangible assets. Perhaps the first key for parents is their acknowledgement that their adult child has psychopathic personality traits and behav-ioral patterns. Understandably, many parents struggle with this realization, which is often accompanied by the presence of pure and simple denial. If parents resort to persistent denial as a main coping mechanism, such as Joan Porco and Mary Hanson did, then par-ents may be placing themselves at a greater risk of being targets of familial destruction and violence. In many cases, adult psycho-pathic children send their loving parents to the poor house, both figuratively and liter-ally speaking, as the confrontation between child and parents spirals downward. Many parents, through no fault of their own, do not possess the ability to navigate through the emotionally and perhaps financially dif-ficult time that their adult child psychopath may create for their families.

For those parents who have admitted there is a problem, there are a couple of measures they can implement to protect themselves. First of all, important documents or items, such as any financially related documents, wallets, and purses, must not under any cir-cumstances be accessible to the child. For example, blank checks left around the home are a recipe for check fraud. Set up a lock box at a bank to store valuable items like jewelry, wills, and other items that could be stolen, manipulated, or forged. Parents should oc-casionally check credit history for unusual transactions that they are not aware of. It is imperative to check the origins of such trans-actions, as there is a real possibility that one’s child may be the cause of the transaction. For additional financial safety, fraud protection should be purchased. Contacting any lend-ing institutions can prevent the child from applying for possible loans. Second, computer access codes must re-main within the province of the parents. Christopher Porco had the parents’ eBay ac-count and abused having this privilege as well as having access to his parents’ personal and tax information. Parents must take into ac-count other sensitive information that their other children may possess that is accessible to the psychopathic child. Protective mea-sures must take into account all parties that are capable of being exploited. Third, parents should make sure that the child does not have a key to their home and, if possible, should install an electronic device to notify the authorities of any intruders. It is imperative not to give the electronic ac-cess code of your home to your adult child. Christopher Porco was able to gain entry be-cause his parents gave him the code to enter their home. Had Porco been forced to break in, perhaps the noise caused by the break in would have been enough of a warning for his parents. And finally, communication between the family and adult child should be handled with care, especially if such communications could be interpreted by the adult child as somehow threatening. The authors are not implying that the adult psychopathic child should not be confronted about his or her wrongdoings, but if these adult children still live with parents or they have access to their home, parents could be placed at risk for future physical violence and retaliation. So before confronting an adult child, confront-ing parties should carefully weigh out the de-sired results and develop a strategic plan of action should things not go as intended. A

parent has to be prepared to remove such a child from the household and go to the po-lice when necessary. Although such steps may appear overly cautious or unnecessary, the amount of ef-fort required to put these protective measures in place is minimal compared to the amount of effort required to reverse the damage of a poor credit record or the destructive impact of identity fraud. It is imperative that items such as utility bills, bank statements, social security cards, and records that have person-al information be made inaccessible to the child. In the Hanson case, the police found credit card information traceable to the par-ents and his sister in his bedroom (Gutowski, 2005). The Porco case revealed the threats his fa-ther levied onto his son via e-mail and then how Christopher Porco’s parents then went on to express their love for their son. The Porco parents were straddling two approaches that do not work with these adult children. Self-preservation places these parents in a position where they may have to disassoci-ate themselves from these children or they must accept family turmoil as the norm and the fact that their very lives may be in dan-ger. Enabling the child simply emboldens a narcissistic sense of entitlement and parasitic behavior and reinforces the belief that he or she is immune from being held accountable for their actions. However, if the enabling ends, engaging the adult psychopathic child in power struggles can place parents and other loved ones at a greater risk for violent outcomes. Psychopaths have a strong need for psychological and/or physical control to reinforce their authority: For the psychopath, it’s about winning.

What Mental Health Professionals Can DoMental health professionals are in a unique position to evaluate and assess the dynamics of the psychopathic adult child. By nature of the work with the mental health profes-sional, he or she can document the anti-social behavior that is exhibited toward the family members. In particular, the mental health professional can document the assessment of the adult child’s drive for a particular want. The astute reader will note that much of the fraudulent activity Porco and Hanson di-rected against their family was intended to maintain a lifestyle. However, clinicians must be aware of their own anxiety level and value system in terms of whether they are willing to accept the fact that these individuals are


capable of killing without evidence of abuse or mental illness. Clinicians who have an is-sue with this position are encouraged to out-source evaluations to another professional who understands that violence can be per-petrated against a family member as a solu-tion to a perceived problem absent mental illness and abuse. With respect to formal evaluations of the adult child psychopath, the counselor is in a unique position by the nature of the work involved. More recent studies have shown that even if only in the short term, clini-cians are getting better at predicting the risk of violence (Shaw, 2000). Most of the diag-nostic tools used for evaluating psychopathic personalities require a detailed knowledge of the individual’s developmental history. For example, with the individual’s history of re-lationships with others, especially in light of empathy, learning from experience is typically gathered. In recent years the research in the mental health field has advanced to the point that the assessment of psychopathy in ado-lescents is possible. The advancement in the field is based in part on the reliability, valid-ity, and utility of the psychopath construct in samples of adults.

Fraud Against Parents as a Violence Risk Factor to ConsiderSome have questioned the possibility of pre-dicting a patient’s violence in clinical prac-tice. In fact, actuarial and clinical research studies have identified risk factors associated with violence, including but not limited to demographic factors (gender), a history of violence, substance misuse, the presence of acute psychotic symptoms, and certain types of delusions (Shaw, 2000). Risk assessments estimating the probability of violence take these risk factors into consideration. There are some key factors that have been shown to be useful in predicting the imminent risk of violence. These factors include threats to identifiable victims, access to potential vic-tims, and premeditation (such as the purchase

of a weapon). An essential first step in assess-ing risk of imminent violence is an inquiry into violent thoughts. In the Eric Hanson case, Hanson threatened to kill his sister if she disclosed the fraud to their parents. The authors believe, however, that if the child perpetrates fraud against the parents, that should also be considered a possible risk factor in predicting violence in conjunction with the other factors previously mentioned. In the Porco and Hanson cases, the fraud pre-dated the murder along with other signs of anti-social behavior. The fact that violence against family members may not be evident does not mean that the child may not kill. In contrast to the Hanson case, the Porco case showed no evidence of family violence that predated the murder. The authors have ob-served from these cases and other fraud de-tection homicide cases that once the fraud detection becomes a reality for the defendant, a new set of factors converged together with their psychopathic traits that increased the likelihood of murder as an option for these children (Perri & Lichtenwald, 2007). Although psychopaths appear to be able to “blend in” with others by giving the appear-ance of human normalcy, their true colors may not be revealed until certain stressors show traits that one normally would not see (Perri & Lichtenwald, 2008). Thus, if the cli-nician knows that the client’s fraud detection has been detected and potentially exposed to law enforcement, the clinician should not be surprised if the clients exhibit behavioral changes. Even though the child may not have alluded to violence as a solution, it would be necessary for the clinician to further explore their thoughts for violence as a solution to their perceived problem. Moreover, even though the two cases represent adult chil-dren, this risk factor would still be present for those who are adolescents. The number of people who act on violent thoughts is unknown, but it is as important to inquire routinely into violent thoughts as it is into suicidal thoughts. Inquiry about

violent thoughts is, however, only the start. Focused risk assessment must follow, includ-ing inquiry into the circumstances of any previous violence, intention to act on vio-lent thoughts, availability of weapons, and potential victims. This further assessment is analogous to the questioning following the expression of suicidal thoughts.

The Tarasoff Act—Duty of DisclosureIn 1968 in California, Prosenjit Poddar met a fellow student, Tatiana Tarasoff, at a school dance. However, Tatiana was not interested in his advances. Poddar went to the university’s health service for an evaluation pertaining to depression and disclosed to his therapist that he had thoughts of harming, perhaps even killing, a girl identified as Tarasoff. The therapist and his supervisor decided to commit Poddar to a hospital and called the police to help. The police visited Poddar, found him rational, and warned him to stay away from Tarasoff. The psychiatrist did not proceed with the commitment. Two months later he shot and stabbed Tarasoff to death. He was charged with first degree murder, and Tarasoff ’s parents filed a negligence suit against the campus police and university health service. Following these events, the California Supreme Court mandated that when a pa-tient threatens violence, the clinician has a special responsibility to evaluate the patient’s risk and take appropriate action to protect others from danger. Therapists are faced with the conflict between maintaining patient con-fidentiality and also protecting the public. Guidelines have been developed to help cli-nicians when a patient describes thoughts of violence. The first stage is a thorough clinical assessment of the threat, including obtaining collateral information from various sources. If a third party is thought to be at risk, the second stage involves the duty to protect that third party by informing the third party and the police. The third stage involves careful

s Tatiana Tarasoff s Prosenjit Poddar

The Tarasoff Ruling:When a therapist determines, or pursuant to the standards of his pro-fession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. The discharge of this duty may require the therapist to take one or more of various steps. Thus, it may call for him to warn the intended victim, to notify the po-lice, or to take whatever steps are reasonably necessary under the cir-cumstances.


monitoring of the process of implementation of these measures and documentation of the clinician’s reasoning about the risk-benefit analysis. One case that exemplifies the application of the Tarasoff Act is the murders by Erik and Lyle Menendez. The two brothers went into their parents’ home and killed them with a shotgun. The authors believe that the Menendez brothers might never have been caught were it not for their act of threatening their therapist (Thorton, 1995). When Erik Menedez originally confessed the killing to his therapist, that confession was privileged. However, once he and his brother Lyle threat-ened the therapist because he was aware of

the murder, a different set of dynamics fol-lowed, especially if the therapist believed he was in danger. Some of the taped therapy ses-sions of the Menendez brothers were admit-ted because at the trial the brothers were the ones who made their mental state at the time of the crime an issue as to why they killed their parents.

Does Fraud as a Potential Violence Risk Factor Activate Tarasoff?The authors believe that psychopathic and anti-social traits coupled with fraud perpe-trated against parents may be a risk factor for predicting violence. However, is the clinician obligated under Tarasoff to warn the parents

that confronting a child of fraud detection increases their chances of being targets of violence? This is a difficult question, but if a clinician were to observe the escalation of family turmoil as we have seen in the Porco and Hanson cases, the activation of Tarasoff may be warranted, especially because the cli-nician knows the specific names of the fraud victims. As is currently recognized under Tarasoff, specificity as to known potential victims increases the clinician’s obligation to warn. If the clinician is working with a psy-chopath, that in and of itself may be reason enough to warn parents, particularly if there have been episodes of family violence, fraud directed at family, or other non-violent but anti-social behavior. Two cases have been presented in this ar-ticle that resulted in tragic consequences to the parents and other family members be-cause the family did not assess the likelihood of being targets. One of the interesting facts that is observed in these parricide cases is that there appears to be a change in the person’s behavior when confronted and their fraud has been discovered. In the Porco case, after the parents con-fronted Christopher, they did not hear from him after repeated attempts to get in contact with him. It is almost as if there was a lull before the storm, as the title of this article states, where the child is retracting into him-self and planning his next move, which is to silence the parents. For example, several days after the father confronted Christopher Porco about the bank loan, the mother e-mailed Christopher and stated, “Dad and I are very upset about your not communicating with us. We don’t know if you are well or mental-ly stable … Dad is about to have a nervous breakdown. Do you understand that you are not behaving responsibly? If you don’t call I will be there to see you tomorrow. For God’s sake, call” (Lyons, 2005a). This same quality is observed with the Hanson case. There is a time lag between the alleged fraud detec-tion, the confrontation with the sister, and the eventual murder. It has the markings of a premeditated murder—and not one that is driven by passion. It may be proper for clinicians to legally protect themselves from negligence lawsuits if they discretely address family members about the fraud, because the risks of potential vio-lence escalate when there is an indication of other anti-social behavior. Referring to the Porco case as an example, it is document-ed that Porco stole from his employer, stole from his parents, was heavily in debt, forged

Be ProactiveIncrease your understanding of professional obligations under the Tarasoff Act and duty to warn. Think through standard operating procedures and accounting for any occurrences. Know the policies and procedures of your specific context of practice. Make your standard operating proce-dures on this issue explicit both verbally and in writing upon any new cli-ent interview. Level of ExpertiseBe knowledgeable and open about your own level of professional compe-tence and boundaries of practice. Know when a client should be referred for more extensive psychological testing or assessment. When referring a client out for more testing or assessment, know before an event surfaces where you will be referring clients out to and all of the community resourc-es you have at your disposal. Local ServicesUnderstand that all states have very specific statutes regarding involun-tary commitment criteria, protective custody, and other arresting powers. When accessing local emergency services, be it medical-, psychological-, or law-enforcement based, EMS/ERS workers and other law enforcement personnel have to abide by these specific statutes and their limitations. This means when calling for assistance, one needs to understand that specific information and specific behavioral details are necessary. If you call to say “I think J.Q. Citizen may hurt…,” be ready to say why. Trust YourselfPay attention to your intuition in terms of deciding whether or not to gather additional information or to refer a client out for further examination. Keep in mind that the psychopath may not want to have you as their clinician once they know that you are not as capable of being manipulated as they once thought. Remember, they are reading your behavior just as you are reading theirs. Consider everything and dismiss nothing. Client HistoryTo the greatest extent possible, gather and review information about your client’s history, especially those factors that would increase one’s risk for future violence. Understand a good predictor of future violence is past vio-lence (Weiner & Hess, 1999).

Mental Health Assessment Checklist


documents for school and banks, and committed identity fraud. Interestingly, there were reports from classmates at the University of Rochester that Porco had become an increasingly heavy drinker, had threatened to kill a female classmate, and had to be pulled off another person during a fight at a party when it seemed that Porco would not stop choking him (McNiff & Cuomo, 2006). In the au-thors’ opinions, if Porco were in treatment, these fixed factors are telling of an individual who has no regard for others and is willing to do what he has to in order to maintain the status quo. An individual such as Christopher Porco or Eric Hanson is willing to use violence as a solution to a problem (Perri & Lichtenwald, 2007). It may be useful when assessing potential harm to the family for the clinician to think through a threat assess-ment by considering histories of criminality, anti-social behavior, and fraud directed at family mem-bers. The authors recommend that the clinician meet with family members to discuss strategies if there is a confrontation with their child about the fraud detection, especially if there is an escalation in fraudulent and anti-social behavior. Dr. Heide believes that efforts should be placed on prevention and intervention before parent(s) are killed. According to Dr. Heide, half of the parri-cide incidents stem from arguments, and it can be seen that there were acrimonious feelings between Porco and his parents when they detected his fraud schemes and of Hanson and his sister when she confronted him about his fraud. It would be worth-while for clinicians to examine the probability of a violent response in patients who may be confronted by their family concerning their fraud. The authors recommend that clinicians take into consideration the mental health assessment check-list and grid outlined below.

ConclusionAlthough the number of parricides committed by children killing their parents is small compared to the overall homicide rate, there are indications that reasons other than mental illness or abuse ac-count for the motivations behind these murders. The authors advance the proposition that these children exhibit psychopathic and anti-social traits facilitating the use of murder as a solution. Given that families must deal with these children, fami-lies must safeguard themselves and their personal belongings. It is crucial that they understand that the child they are dealing with may have deficits that severely impact the ability of the family to par-ent as they would a normal child. Moreover, if the child is being treated by a cli-nician, the clinician should consider fraud perpe-trated against a parent as a potential violence risk factor. Based on fraud and the other risk factors, the clinician can then determine whether they are

obligated under Tarasoff to warn the parents and the police of potential violence by the patient.

Methods and ReferencesInformation for the murder-for-hire cases came from documents posted on the Worldwide Web and research articles. The documents used in this study are included in the reference section. Barnum, A. (2008a, February 27). Eric Hanson: Man who killed 4 family members had personality disorder, psychologist testifies. Chicago Tribune. Retrieved June 16, 2008, from http://newsgroups.derkeiler.com/Archive/Alt/alt.true−crime/2008−03/msg00266.html Barnum, A. (2008b, February 2). Ex-fiance testifies that Eric Hanson, accused of killing 4 relatives, threatened her. Chicago Tri-bune. Retrieved June 16, 2008, from http://newsgroups.derkeiler.com/Archive/Alt/alt.true−crime/2008−02/msg00178.html Barnum, A. (2008c, February 16). Hanson takes stand to deny killing relatives, stealing $140,000. Chicago Tribune. Retrieved June 16, 2008, from http://www.chicagotribune.com/news/local/chi-hanson_both.2feb16,1,7546014.story Bell, R. (2007). Suspect. Retrieved June 16, 2008, from http://www.crimelibrary.com Boots, D., & Heide, K. (2006). Parricides in the media: A con-tent analysis of available reports across cultures. International Journal of Offender Therapy and Comparative Criminology, 50, 418–445. Burghat, T. (n.d.). Trial to begin for man accused of kill-ing family. Associated Press. Retrieved June 16, 2008, from http://www.nwherald.com/articles/2008/01/30/news/state/do-c47a01f0e85bd1587709041.txt Cooke, G. (2001). Parricide. Journal of Threat Assessment, 1, 35–45. Dawson, J. M., & Langan, P. A. (1994, July). Murder in Fami-lies. U.S. Department of Justice: Bureau of Justice Statistics. Retrieved June 18, 2008, from http://www.ce-credit.com/aricles/100210/MurderFamilies100210.pdf Former co-worker. (2007, January 6). Blog site. Retrieved June 16, 2008, from www.topix.com Frick, P. J., O’Brien, B.S., Wootton, J.M., & McBurnett, K. (1994). Psychopathy and conduct problems in children. Journal of Abnormal Psychology, 103, 700–707. Golz, J. (2008a, February 20). Hanson found guilty of killing four family members. Chicago Sun-Times. Re-trieved June 18, 2008, from http://www.suntimes.com/news/metro/805558,hansonguilty022008.article Golz, J. (2008b, February 27). Jury hears Hanson’s troubled past. Chicago Sun-Times. Golz, J. (2008c, February 17). Defendant takes the stand, ad-mits to financial problems. Chicago Sun-Times. Golz, J. (2008d, January 13). Suspect charged in killing of four family members. Chicago Sun-Times. Golz, J. (2008e, February 8). Accused killer charged $80,000 on mom’s cards. Chicago Sun-Times. Retrieved June 17, 2008, from http://www.suburbanchicagonews.com/beaconnews/news/783503,2_1_AU08_HANSON_S1.article Gregory, T. (2008a, January 14). Jury selection to begin for 2005 quadruple killing. Chicago Tribune. Retrieved June 17, 2008, from http://www.chicagotribune.com/news/chi-hanson_mon-jan14,1,6222654.story Gregory, T. (2008b, February 6). Sister of slaying victim testifies about phone calls, threat at brother’s murder trial. Chicago Tribune. Retrieved June 17, 2008, from http://www.chicagotribune.com/news/local/chi-hanson-trial_webfeb06,1,1324846.story Gregory, T., & Barnum, A. (2008, February 27). Jury in Eric Hanson murder case begins sentencing deliberations. Chica-go Tribune. Retrieved June 17, 2008, from http://www.chicag-otribune.com/news.local/chi-hanson_web.28feb28,1,7387409.story?track=rss Grondahl, P. (2006, August 13). Porco labeled a psycho killer. Times Union. Retrieved June 17, 2008, from http://www.time-sunion.com/AspStories/story.asp?storyID=508011&category=PORCO&BCCode=&newsdate=8/16/2006 Gutowski, C. (2005, October 2). Fireplace poker could be cru-

Mental Health Assessment GridDiscuss and Develop Safety Procedures With Family Investigate emergency proce-dures available in one’s area

Know when to notify police, rel-atives, and family of your con-cerns

Safety Procedures for Professionals

Duty to warn

Understand Tarasoff obliga-tions

Self-protection from client manip-ulation and physical harm

Interventions

Parenting techniques that support environmental consistency

Family education about psycho-pathic traits and patterns of ma-nipulation


cial piece of puzzle. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/?id=114677 Gutowski, C. (2008a, January 11). After more than two years, Naperville murder trial set to begin. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/print/?id=111080 Gutowski, C. (2008b, February 27). Fate of killer hangs in balance. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/?id=142858 Gutowski, C. (2008c, February 27). Hanson sentenced to death for murder of 4 family members. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/?id=143146 Gutowski, C. (2008d, January 27). How authorities came to charge Eric Hanson with his family’s murder. Daily Herald. Retrieved June 17, 2008, from http://www.daily-herald.com/story/?id=122232 Gutowski, C. (2008e, February 16). Hanson denies kill-ings. Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/?id=136276 Gutowski, C. (2008f, January 28). Eric Hanson: “All I know is, I didn’t do it.” Daily Herald. Retrieved June 17, 2008, from http://www.dailyherald.com/story/?id=122754 Hanson, D. (2006, December 11). Blog site. Retrieved June 17, 2008, from www.topix.com Hare, R. (1991). The Hare psychopathy checklist: Revised manual. Toronto, Ontario, Canada: Multi-Health Systems, Inc. Hare, R. (1993). Without conscience: The disturbing world of the psychopaths among us. New York: The Guilford Press, Inc. Heide, K. (1995). Dangerously antisocial youths who kill their parents. Journal of Police and Criminal Psychology, 10, 10–14. Heide, K. (1992, March). Why kids kill parents: Child abuse and adolescent homicide. Ohio State University Press. Heide, K., & Petee, T. (2007, November). Parricide, an empirical analysis of 24 years of U.S. data. Journal of Inter-personal Violence, 22, 1382–1399. Heide, K., & Boots, D. (2007, December). A compara-tive analysis of media reports of U.S. parricide cases with officially reported national crime data and psychiatric and psychological literature. International Journal of Offender Therapy and Comparative Criminology, 51, 646–675. Karlin, R. (2006, July 24). Forged transcripts cen-ter of attention. Times Union. Retrieved June 18, 2008, from http://www.timesunion.com/AspStories/story.asp?storyID=502280&category=PORCO&BCCode=&newsdate=6/18/2008 Lyons, B. (2005a, November 18). E-mails reveal porco family rift. Times Union. Retrieved June 18, 2008, from http://www.timesunion.com/AspStories/story.asp?storyID=420939&category=PORCO&BCCode=&newsdate=6/18/08 Lyons, B. (2005b, November 4). Unsolved mystery. Times Union. Retrieved June 18, 2008, from http://www.timesunion.com Lyons, B. (2006a, December 13). Porco draws harsh words, lengthy sentence. Retrieved June 18, 2008, from www.timesunion.com/AspStories/story.asp?storyID=416081&category=PORCO&BCCode=&newsdate=6/18/08 Lyons, B. (2006b, July 21). E-mails illustrate father, son at odds. Times Union. Retrieved June 18, 2008, from http://www.timesunion.com/AspStories/story.asp?storyID=501545&category=PORCO&BCCode=&newsdate=6/18/2008 Lyons, B. (2006c, August 1). Joan Porco tells of anger. Times Union. Retrieved June 18, 2008, from http://www.timesunion.com/AspStories/story.asp?storyID=504489&category=PORCO&BCCode=&newsdate=6/18/2008 McNiff, E., & Cuomo, C. (2006, July 12). Amid the car-nage, a mother’s love. ABCNews.go.com. Retrieved June 18,

2008, from http://www.abcnews.go.com/US/LegalCenter/story?id=2179489&page=1 Meloy, J. (2000). Violent risk and threat assessment: A practical guide for mental health and criminal justice profes-sionals. San Diego, CA: Specialized Training Services. Merriam-Webster’s Collegiate Dictionary (11th ed.). (2004). Springfield, MA: Merriam-Webster, Inc. Perri, F. S., & Lichtenwald, T. G. (2007, December). A proposed addition to the FBI criminal classification manual. The Forensic Examiner, 16(4), 18–30. Perri, F. S., & Lichtenwald, T. G. (2008, March). The arrogant chameleons: Exposing fraud detection homicide. The Forensic Examiner, 17(1), 26–33. Pergament, R. (2007). The second trial. Retrieved June 18, 2008, from http://www.crimelibrary.com Rozek, D. (2005, November 5). Son charged in qua-druple murder: Naperville man killed to hide theft. Chicago Sun-Times. Retrieved June 18, 2008, from http://www.fin-darticles.com/p/articles/mi_qn4155/is_20051105?pnum=2&opg=n15910884 Shaw, J. (2000, April 22). Assessing the risk of vio-lence in patients. British Medical Journal, 320(7242), 1088–1089.

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Kingsley Publishers. n

Earn CE CreditTo earn CE credit, complete the exam for this article on page 39 or complete the exam on-line at www.acfei.com (select “Online CE”).

About the Authors

Frank S. Perri, JD, MBA, CPA, lead author of this research project, has worked as a trial attorney in the criminal law field for over 10 years. Areas of concentration include white-collar crimes and homi-cide. Mr. Perri received his Juris Doctor from the University of Illinois. He received his Master in Business Administration from Case Western Reserve University and his Bachelor’s of Arts in Economics from Union College. In addition, Mr. Perri is a li-censed Certified Public Accountant. Mr. Perri frequently lectures on white- and red-collar crimes. You may contact Mr. Perri via e-mail at [email protected].

Terrance G. Lichtenwald, PhD, DABFE, DABFM, DABPS, is a Life Fellow and Diplomate. He earned his Doctorate in Clinical Psychology from an American Psychological Association (APA) approved program and completed an APA approved internship. He has a Masters degree in Clinical Psychology and a second Masters in School Psychology. He earned his Bachelor’s degree in Broad Field Social Studies and Psychology. Dr. Lichtenwald has spent 18 years completing forensic, behavioral, psychological and security evaluations as well as threat assessments. Research interests are in smuggling, white-collar crime, and security/threat assessments.

Paula MacKenzie, MSEd., PsyD Candidate November 2008, ACFEI member, earned her Bachelor’s of Science degree from Bradley University majoring in Psychology and Social Services and a Master’s of Science Degree in Education where she specialized in Counseling Psychology at Northern Illinois University. Currently, Ms. MacKenzie is completing the last phases of her Doctorate Degree in Clinical Psychology with a specialization in Forensic Psychology. Ms. Mackenzie’s specialization also includes emergency services, analysis of extremist group behavior, assessment of psychopathol-ogy, and psychological testing and assessment.




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State: Zip: E-mail:

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KEY WORDS: arachnidism, necrosis, symptoms, comparative, zoonoses

TARGET AUDIENCE: medical investigators, forensic pathologists


DISCLOSURE: The author has nothing to disclose.

PREREQUISITES: none

1 True or false: Loxosceles laeta, the brown spider indigenous to western South America, is present in Los Angeles County in the United States, posing a potential public health threat. a. True b. False

2 Which tick-transmitted illness is most readily causing an indolent ulcer at the site of inocu-lation?a. Lyme diseaseb. Tularemia c. Babesiosisd. Rocky Mountain spotted fever

3 In South Africa, which of the following symptom complexes has been associated with both Cheiracanthium spider bite and African tick-bite fever (caused by Rickettsia africae)?a. Vomiting, diarrhea, collapseb. Adenopathy, tachycardia, feverc. Rash, fever, headache d. Anemia, muscle ache, drowsiness

4 Locally applied heat or other measure of vasodilation is dangerous in spider or tick bite because: a. The necrotizing enzyme sphingomyelinase appears to be activated by heat applied to spi-

der bite sites.b. Locally or systemically applied measures of vasodilation (heat, medicinal vasodilators,

alcohol, etc.) are bound to facilitate the entry of venom or of tick-borne pathogens into the blood stream.

c. When entering the blood stream, the hemolytic venom of the brown recluse spider present in the United States can cause hemoglobinuria and, in severe cases, disseminated intravas-cular coagulation, coma, and renal failure.

d. All of the above

POST CE TEST QUESTIONS (Answer the following questions after reading the article)


CE ARTICLE 2: Necrotic Spider or Tick Bite II (pages 56–63)

ABSTRACT

After studying this article, participants should be better able to do the following:

Name the circumstances and the signs and symptoms of necrotic arachnidism as related to members of the 1. Sicariidae and Clubionidae. List the circumstances and the signs and symptoms of important forms of zoonotic, mostly tick-transmit-2. ted, illness.Articulate the comparative symptomatic features (local and systemic) pertaining to the two forms of illness 3. and of relevance in forensic investigation.Communicate the danger associated with therapies of vasodilation at bite sites. 4.

LEARNING OBJECTIVES


For each exam passed with a grade of 70% or above, a certificate of completion for 1.0 continuing educa-tion credit will be mailed. Please allow at least 2 weeks to receive your certificate. The participants who do not pass the exam are notified and will have a second opportunity to complete the exam. Any questions, grievances or comments can be directed to the CE Department at (417) 881-3818, fax (417) 881-4702, or e-mail: [email protected]. Continuing education credits for participation in this activity may not apply toward license renewal in all states. It is the responsibility of each participant to verify the requirements of his/her state licensing board(s). Continuing education activities printed in the journals will not be issued any refund.



(CFC) The American College of Forensic Examiners International provides this continuing education credit for Certified Forensic Consultants.


Spider bites and tick bites need careful diagnostic differentiation in clinical and forensic investigation, particularly if associated with severe systemic illness. This article, continuing part I of the Winter 2007 issue of The Forensic Examiner, compares envenomation by brown spiders (Sicariidae), six-eyed crab spiders (Sicariidae), sac spiders (Clubionidae) to tick-transmitted or other zoonotic illness—babesiosis (with notes on Rocky Mountain spotted fever), Lyme disease, tularemia, Ebola hemorrhagic fever, African tick-bite fever. Spider bite, compared to tick bite, is more readily necrotic and presents sooner with systemic symptoms. Vasodilation therapies, facilitating the venom’s entry into blood at bite sites, are warned against.


CE Article: (ACFEI, CFC) 1 CE credit for this article

Sicariidae, Genus LoxoscelesRecent reviews from the United States (Hogan, Barbaro, & Winkel, 2004; Swanson & Vetter, 2005; Wendell, 2003) and Brazil (da Silva et al., 2004), as well as recent clinical and epidemiological studies from Tennessee, United States (Sams et al., 2001), and Santa Catarina, Brazil (Sezerino et al., 1998), have addressed the public health threat of necrotic and systemic loxoscelism, with yet some uncertain-ties and controversies regarding therapies. Within the United States, the web-weaving brown recluse spider, Loxosceles reclusa (Gertsch & Mulaik, 1940) of the Sicariidae, inhabits mainly the south-central region, roughly reaching from a northern line of demarcation (southeastern Nebraska to

southern Ohio) south to the Gulf of Mexico, ex-cepting Florida and southwestern Texas (Swanson & Vetter, 2005; Vetter 2000, 2005). From bor-dering regions, suspected bites have been report-ed from the Chicago area (Erickson, Hryhorczuk, Lipscomb, Burda, & Greenberg, 1990), Montana (Lee, Buker, & Petersen, 1969), and Idaho (Wand, 1972). The spider’s brown body, marked by a sunken ce-phalothorax, reaches about 10 mm in length in the female; males are somewhat smaller. Immobilized at temperatures around 5°C, the species retreats in a silken tube during winter and appears most active in summer and early fall (Hite, Gladney, Lancaster, & Whitcomb, 1966). It may enter homes seeking

NecroticSpider or Tick Bite?

pider bites and tick bites need careful diagnostic differentiation in clinical and forensic investigation, particularly if associated with severe systemic illness. This article, continuing part I of the Winter 2007 issue of The Forensic Examiner, com-

pares envenomation by brown spiders (Sicariidae), six-eyed crab spiders (Sicariidae), and sac spiders (Clubionidae) to tick-transmitted or other zoonotic illnesses, including babesiosis (with notes on Rocky Mountain spotted fever), Lyme disease, tularemia, Ebola hemorrhagic fever, and African tick-bite fever. Spider bites, compared to tick bites, are more readily necrotic and present sooner with systemic symptoms. Vasodilation thera-pies, facilitating the venom’s entry into the blood at bite sites, are warned against.

Warning Against Dermal Therapies Using Heat or Other Vasodilator

By Cornelia Richardson-Boedler


dark, secluded places. For correct identification, the six eyes are important, occurring as pairs in the 100 Loxosceles species worldwide and contrasting with the eight eyes of most spiders (Swanson & Vetter, 2005). Loxosceles laeta of South America is the larger species. It is known to cause, more frequently than L. reclusa, bites with severe systemic reactions (vis-cerocutaneous loxoscelism) (Hogan et al., 2004). These reactions have been described as “unfailing-ly” lethal unless rapidly treated. The spider, im-ported into the United States, prefers old houses and is drawn to furniture, clothing, and cracks in walls (Schenone & Prats, 1961). It appears in cir-cumscribed urban areas of Los Angeles County, as in the towns of Alhambra, Sierra Madre (reviewed in Schenone, Rojas, Reyes, Villarroel, & Suarez, 1970), and San Gabriel (Vetter, 2005). Presently, the spider is thriving in commercial basements and steam tunnels (Vetter, Cushing, Crawford, & Royce, 2003), with no known confirmed bites. Yet, one amputation and one death have been associ-ated with loxoscelism in California (Vetter et al., 2003). Additionally, a few native Loxosceles species are found in the dry, relatively unpopulated south-western regions of the United States: L. deserta, L. arizonica, L. apachea, L. blanda, and L. devia, in that order, claim specific regions from south-ern California to southwestern Texas (Swanson & Vetter, 2005). L. rufescens is found scattered throughout the United States, with no known cases of verified envenoming (Vetter, 2005). It has been noted in Chicago (Vetter & Bush, 2004), California, and is present in other countries, as in the Mediterranean Sea countries and Japan (Madon & Hall, 1970).

Symptom Analysis In 19 documented L. reclusa bites, local erythema and local pain were most commonly encountered. Eleven patients developed necrosis, with a mean healing period of 5.6 weeks. Only a few patients suffered systemic symptoms (Sams et al., 2001). Such symptoms may appear 1 day post-bite and include fever, chills, malaise, nausea, vomiting, and arthralgia. In some systemic cases, a hemo-lytic anemia is observed as late as on the third day post-bite, often with hemoglobinuria and possibly causing fatal renal failure. Serious manifestations also include hematuria, anuria, dehydration, raised white blood cell count, thrombocytopenia, dissemi-nated intravascular coagulation (DIC), liver inju-ry (Wasserman & Anderson, 1984), and jaundice (Nance, 1961). Coma may occur and appears close-ly associated with the anuria, possibly progressing to death (Anderson, 1982). Rhabdomyolysis may contribute to renal failure (Hogan et al., 2004).

Credit: Nature's Images / Photo Researchers, Inc

Brown Recluse (Loxosceles reclusa), a venomous spider. Dallas, Texas.


Wilson and King (1990) described the typical initial discoloration of severe L. reclusa bites as blue (centralized thrombosis leading to necrosis), white (halo around lesion due to vasoconstriction), and red (large area of erythema). Bite sites may present with edema, induration, pain, pruritus, and blis-ters. According to Anderson (1982), strong local pain due to infarction of the outer skin layer and a gradual sinking of the expanding blue area be-low the level of the normal skin signal impending necrosis. Auer and Hershey (1974) observed: The blistered epidermis of the necrotizing area sloughs during the second week post-bite, revealing an ul-cerous, gangrenous cavity. The remaining dead skin may function as dry eschar, but, with continuation of the necrosis, can be lost weeks later. The necro-sis is severe and particularly indolent in fatty areas of the body. In the more serious L. laeta envenomation, the diagnostic information from confirmed and prob-able cases revealed that the violet-black, blistered then dried, and parchment-like skin is sloughed usually during the second week post-bite, some-times revealing even the underlying muscles and aponeuroses. During the hours or days post-bite, victims suffer local edema (which increasingly re-cedes from the violet area) and particularly strong, insomnia-causing local pains not alleviated by pain medication (Macchiavello, 1947). Schenone and Prats (1961) noted painful local edema developing within 1 hour post-bite, spreading extensively from the bite site and gradually deepening in color. Systemic signs and symptoms associated with L. laeta envenomation have included fever, rest-lessness, nervousness, insomnia, and, infrequently, darkened urine or hematuria (Macchiavello, 1947; Schenone & Prats, 1961). As observed in a clin-ic, the urinary changes tend to develop within 24 hours post-bite, often accompanied by a steep rise in temperature and leading to jaundice, cyanosis, dyspnea, anuria, coma, and sometimes death. For example, of 40 patients treated, four suffered vis-cerocutaneous loxoscelism and one died, showing gastric erosion (postmortem). Thirty-one of the cases had occurred in spring and summer in Chile (Schenone & Prats, 1961). A study by Sezerino et al. (1998) including prov-en bites by L. laeta or Loxosceles intermedia noted that the percentage of cases with viscerocutane-ous (sometimes fatal) involvement was highest in those regions of South America where L. laeta was prominent, as in Chile, or near prominent, as in the Brazilian state of Santa Catarina; in contrast, some reports of Brazilian regions with a prevalence of ei-ther Loxosceles gaucho or L. intermedia had shown zero deaths. Compared to L. reclusa and L. laeta, the species L. rufescens is linked with relatively mild symptoms. Bite victims in Israel suffered local pain and blis-

tering, nonserious necrosis with eschar formation, fever, weakness, joint and muscle pain, lymphade-nopathy, pharyngitis, and generalized papular ery-thematous rash. One case in 21 showed transient microscopic hematuria (Borkan, Gross, Lubin, & Oryan, 1995).

Detection Tests, Antivenom, and Homeopathic TherapiesLoxosceles envenoming detection tests and other diagnostic laboratory aids are available (Hogan et al., 2004). For example, an enzyme-linked im-munosorbent assay (ELISA) detects venom re-covered from bite sites by aspirate, biopsy, or hair sample for at least 7 days post-bite (in mammals) (Gomez, Krywko, & Stoecker, 2002). Immunity detection by use of a lymphocyte transformation test identifies a brown recluse bite in humans as early as 4–6 weeks post-bite (Berger, Millikan, & Conway, 1973). Antivenom therapies, already practiced in South America (Hogan et al., 2004; Sezerino et al., 1998; da Silva et al., 2004), have been investigated in the United States (reviewed in Erickson et al., 1990; Swanson & Vetter, 2005). The Instituto Butantan in São Paulo, Brazil produces effective polyvalent (Loxosceles, Phoneutria, Tityus) and Loxosceles an-tivenoms. Some patients, such as 6.5% of 125 victims treated intravenously with Loxosceles anti-venom, have developed side effects including urti-caria, nausea, and bronchospasms (Sezerino et al., 1998). A potential vaccine derived from L. inter-media venom by use of a nontoxic recombinant protein, of interest for public health measures in Loxosceles-infested regions, has been tested in ro-dents in South America (reviewed in da Silva et al., 2004; Swanson & Vetter, 2005). Alternative medi-cine recommends a homeopathic prophylaxis and treatment (Richardson-Boedler, 1998, 2002).

Prevention Measures of Systemic LoxoscelismAnderson (1977) noted that hemolysis in loxos-celism is caused by the direct destructive action of the venom on cell walls and aggravated by mechani-cal injury to erythrocytes present at the bite site due to vascular coagulation. The advice given is to rest the part bitten, apply padding over the bite site, and splint, if a limb is involved, to prevent further trauma (Anderson, 1982). Rest, ice compresses, and elevation (RICE) are commonly prescribed (Erickson et al., 1990; Sams et al., 2001; Wilson & King, 1990). Applied heat has been observed to increase the severity of the lesion and was suggested to activate the necrotizing lipase, sphingomyelinase D (King, 1985). Strenuous exercise is not recom-mended (King & Rees, 1986). Richardson-Boedler (1998) suggested: A severe systemic reaction in loxoscelism is facilitated by

s Sac spider of the family Clubionidae, genus Cheiracanthium. Photo credit: Photo Researchers, Inc.


local (vasodilating) treatment with heat or alco-hol (also alcohol consumption) and local trauma received at the moment of the bite, such as hitting the biting spider (and one’s body). Severe system-ic loxoscelism has been viewed as caused by the absorption rather than intradermal (extravascu-lar) presence of the venom (Macchiavello, 1947; Wasserman & Anderson, 1984; Wilson & King, 1990). Machiavello’s (1947) early suggestion that the viscerocutaneous arachnidism was caused by the direct entry of the venom into a blood vessel was later verified by laboratory evidence (Denny, Dillaha, & Morgan, 1964; Rees, O’Leary, & King, 1983). Public guidelines posted at the hospital Vital Brazil in São Paulo, Brazil, recommend to avoid alcohol intake in snake envenomation; yet, in spi-der bites (including Loxosceles bite) or scorpion stings, the public is admonished to apply warm compresses to alleviate local pain before seeking medical aid (Museu Instituto Butantan, 2001a, b; personal visit of January 11, 2005). In a Brazilian review, however, ice, elevation, rest, and avoidance of heat are named as established therapeutic pre-scriptions in loxoscelism (da Silva et al., 2004). In the Pacific Northwest (see Part 1), local heat application has been prescribed for suspected spi-der bite, such as to alleviate a local swelling or the numbness of a limb bitten; moreover, the sym-patholytic agent Regitine (phentolamine), applied subcutaneously, is one of the medicines routinely chosen (see Akre & Myhre, 1991). Regitine is known to counteract necrosis and trigger vasodi-lation but has not proven effective in loxoscelism (Fardon, Wingo, Robinson, & Masters, 1967; Wasserman & Anderson, 1984). Topical nitroglycerin, used by physicians in the form of patches to prevent necrosis from L. reclu-sa bites, has been tested in rabbits inoculated with Loxosceles venom. Applied as paste to the skin le-sion every 6 hours for 3 days, it did not prevent ne-crosis. However, compared to untreated inoculated controls, it caused heightened inflammation score and a twofold increase in creatine phosphokinase levels. Vasodilation, caused by topical nitroglyc-erin and viewed as aiding in the removal of toxins from envenomation sites and in the prevention of thrombosis, was suggested to increase, however, the risk of systemic toxicity (Lowry, Bradfield, Carroll, Brewer, & Meggs, 2001). As reported, heat has been applied in suspected L. reclusa bites to the entire limb affected (2 days post-bite) (Lee et al., 1969), directly to the lesion (3 days post-bite) (Erickson et al., 1990), or to the excised area (Vetter & Bush, 2002). Vasodilators and nitroglycerin are listed as specific therapies in loxoscelism (Swanson & Vetter, 2005), among an-tivenom, hyperbaric oxygen, dapsone, antihista-mines, antibiotics, dextran, glucocorticoids, hepa-

rin, curettage, surgical excision, and electric shock. The collaborators recommended to subject thera-pies to controlled, randomized trials, as some may be toxic. Locally or systemically applied measures that in-crease the blood flow to the affected area should be detrimental in any form of envenomation associ-ated with a potential hematological severity.

Babesiosis (With Notes on Rocky Mountain Spotted Fever)Clinical symptoms similar to those of severe sys-temic loxoscelism (and those of malaria) are caused by the zoonotic hematological illness of babesio-sis, triggered in humans and animals by a tick-borne protozoal parasite (genus Babesia) that at-tacks erythrocytes. Cases of babesiosis, caused by Babesia microti, found transmitted by (nymphal) Ixodes dammini ticks (Dammin, Spielman, Benach, & Piesman, 1981; Spielman, Clifford, Piesman, & Corwin, 1979), have been reported particularly from the northeastern United States (Gombert et al., 1982; Meldrum, Birkhead, White, Benach, & Morse, 1992) and also from Wisconsin (Iacopino & Earnhart, 1990; Steketee et al., 1985). The first case documented in the United States was triggered by an unknown Babesia species in 1966 in northern California (Scholtens, Braff, Healy, & Gleason, 1968). The disease occurs more readily in the elderly (Benach & Habicht, 1981; Gombert et al., 1982). A characteristic skin lesion at the site of inoculation is not noted (Dammin et al., 1981).

s A New View on Lyme disease: Ro-dents Hold the Key to Annual Risk. Gross L, PLoS Biology Vol. 4/6/2006, e182.

s Bull’s eye rash (Erythema migrans), an early symptom of Lyme disease. Photo credit: Larry Mulvehill / Photo Researchers, Inc


The incubation time for babesiosis, which is treated with clindamycin and quinine in combination, is ca. 1 to 2 weeks (Anonymous, 1986). Babesiosis can be asymptomatic or, in the other extreme, fatal. Symptoms include fever, shaking chills, headache, dark urine due to hemolytic anemia, and thrombocytope-nia. Splenectomized patients are at risk of a fatal outcome (Gombert et al., 1982). With severe hemolytic anemia, jaundice, respirato-ry distress syndrome, and hepatomegaly have also been observed (Iacopino & Earnhart, 1990). Comparably, in Rocky Mountain spotted fever, Rickettsia rickettsii pathogens attack small blood vessels, multiplying in damaged endothelial cells. The illness, at times fatal, may progress to diffuse generalized system-ic vasculitis, affecting internal organs; the incubation time is 5 to 7 days. Tick vec-tors are Dermacentor andersoni in the west, Dermacentor variabilis in the east and south (Anonymous, 1986). Initial symptoms in-clude fever (high at night), headache, myal-gia, nausea, vomiting, and maculopapular, later petechial and ecchymotic rash worse warmth and first on extremities (Fischer, 1990).

Lyme DiseaseFirst noted in the northeastern United States in 1975, Lyme disease has spread through most parts of the country. Caused by Borrelia burgdorferi (spirochete), mostly Ixodes-transmitted, it is initially treated with tetra-cycline. The incubation time is usually 1 to 2 weeks, when the local erythema chroni-cum migrans (often also smaller secondary lesions) and systemic symptoms appear, in-cluding malaise, headache, fever, myalgia, arthralgia, and lymphadenopathy. Weeks later, a second stage of illness manifests with neurological and cardiac symptoms, followed weeks or years later by arthritis (third stage) (Anonymous, 1986). In contrast to the main lesion, which forms a growing circular area (red on the outer bor-der, clearing in center), secondary lesions are smaller, less prone to expand, and may form several days after onset of the main lesion (Anonymous, 1986). In some patients with Lyme disease, the erythema chronicum migrans may develop within hours or days of the bite and have a vesicular or necrotic center and bluish dis-coloration. Malaise, fever, and arthralgia may also commence during the days follow-ing the bite, thus moving the manifestations closer to those of local and (mild) systemic

loxoscelism. Yet, atypical for systemic loxos-celism, the clinical course in the two report-ed cases, such as in regard to the arthralgic pains, was prolonged (Osterhoudt, Zaoutis, & Zorc, 2002; Rosenstein & Kramer, 1987). In regions endemic for I. dammini, but non-endemic for Loxosceles spiders, Lyme disease should be suspected before brown recluse bite (Rosenstein & Kramer, 1987).

TularemiaTransmitted by rodents (“rabbit fever”) and most hard ticks, tularemia is caused by the coccobacillus Francisella (Pasteurella) tular-ensis and treated with streptomycin. The in-cubation time is 5 to 10 days (Anonymous, 1986). It has ranged from 1 to 21 days, with a mean of 4.2 days, in 30 documented cases (Sanders & Hahn, 1968). Along with influenza-like symptoms, such as fever, chills, malaise, headache, vomiting, and diarrhea, four types of tularemia were en-countered among 106 cases: [1] ulceroglan-dular in 74 cases, [2] typhoidal in 16 cases, [3] glandular in 15 cases, and [4] oculoglan-dular in 1 case. Renal failure preceded death in 2 cases. The illness, first noted in rodent-exposed humans in 1914 in California, can also be transmitted by cats (Sanders & Hahn, 1968). The ulcers of tularemia are known to re-semble a necrotizing spider bite (Bennett & Vetter, 2004; Swanson & Vetter, 2005). Developing at the site of inoculation, the ulcer is indolent, usually infected, and may not resolve for several weeks (Evans, 1969). It may be as small as 4x4 mm; moreover, in glandular tularemia, the lymphadenopathy may not abate for several months (Sanders & Hahn, 1968). By 1970, most cases of tulare-mia in the United States had been reported in Arkansas, Illinois, Tennessee, and Missouri (Brooks & Buchanan, 1970). These states are also endemic for L. reclusa, which triggers some similar symptoms; yet, the dermal le-sion in loxoscelism is clearly necrotic and may enlarge aggressively, and systemic symptoms appear sooner following inoculation.

Sicariidae, Genus SicariusNext to the genus Loxosceles, the genus Sicarius (Sicariidae), six-eyed crab spiders, is associated with severe local necrosis and fatal intravascular complications, mainly in South Africa. It is indigenous also to South and Central America, but not North America (Newlands, 1982). In South Africa, Sicarius species, such as Sicarius testaceus (Purcell, 1908), tend to ap-

pear in arid and semi-arid regions. Buried in sand, they do not readily contact humans, are nonaggressive, and do not make webs. They reach a body length of 15 mm, are yel-lowish, reddish-brown in color, and have a tough outer skin with small spines (Newlands & Atkinson, 1988). Of this genus, Sicarius spatulatus is the smallest species and the only species of South Africa not found in arid regions. It appears in populated regions of the southeastern Cape Province (Newlands, 1982). In South America, the genus Sicarius tropi-cus, found in northeastern Brazil, is known to cause necrotic symptoms similar to those of Loxosceles spiders (Lucas, 1988; Lucas, Cirelli, Knysak, & Zveibil, 1978/79). Loxosceles se-rumtherapy cures; the reddish spiders show soil on their bodies (Lucas et al., 1978/79). However, in 1998, they were still not known as a major health problem (Sezerino et al., 1998). Sicarius ruoepes of Chile has once been considered a possible cause of necrotic arachnidism, which was later ascribed to L. laeta (Macchiavello, 1947).

Symptom Analysis Public health concerns in South Africa have led to the formulation of key symptoms learned from suspected Sicarius bites: A se-verely necrotic lesion, visible 6 to 8 hours post-bite, develops surrounded by a hemor-rhagic ecchymotic region; an eschar forms 1 to 3 days post-bite; and minimal local ede-ma or inflammation occurs. Systemically, the bite causes DIC as early as 1 to 3 days post-bite, a generalized edema 7 to 10 days post-bite, and massive local tissue destruc-tion (Newlands & Atkinson, 1990a). Death in humans is known to occur (Newlands & Atkinson, 1990a, b). The necrosis may spread aggressively, having caused the loss of an arm in a victim with a presumptive S. spatulatus bite (Newlands, 1982). Sicarius albospinosus, collected in the Namib Desert, was confirmed to carry pro-teolytic venom. Rabbits bitten suffered symp-toms that suggested the venom’s strong viru-lence in man: Local necrosis with hemorrhage and tissue destruction present ca. 2 to 3 hours post-bite, with black eschar by 5 hours post-bite; systemic petechial hemorrhaging present ca. 5 hours post-bite, affecting visceral organs (liver, kidney, lungs, spleen, alimentary canal, mesenteries, and heart); no local edema or erythema (though present in surviving rab-bits); ecchymotic zone surrounding necrosis; DIC (diagnosed), with thrombocytopenia and deactivation of the clotting factor VIII


(platelet cofactor); but no hemoglobinuria (Newlands, 1982). S. testaceus bites in rabbits produced the following symptoms: subcutaneous hemor-rhage within 1–3 hours post-bite, tissue ne-crosis, inflammatory infiltration (muscle and adipose tissue), permeable blood vessels near the bite site, and petechial visceral bleeding (liver, kidney, lungs, and duodenum). S. tes-taceus was suggested as potentially harmful to humans and associated with thrombocy-topenia, in contrast to loxoscelism, which causes thrombocytopenia in combination with hemolysis (Van Aswegen et al., 1997).

Ebola Hemorrhagic FeverThe infective agent of Ebola hemorrhagic fe-ver is a thread-like negative-strand RNA vi-rus (Filoviridae) marked by a secretory and a surface glycoprotein; the latter’s binding to endothelial cells, which facilitates the replica-tion of the virus, has been suggested to trig-ger DIC. The actual illness has occurred in monkeys and humans only and is transmit-ted mainly through body fluids, possibly also through the air or by skin contact (reviewed in Mwanatambwe et al., 2001). A comparative review (Richardson-Boedler, 1999) has noted systemic similarities in ex-perimental mammals between symptoms of Sicarius envenomation (Newlands, 1982) and those of Ebola hemorrhagic fever (Fisher-Hoch et al., 1985). Both conditions are marked by a decline of factor VIII in the plasma previous to DIC, whereby the Ebola virus causes a decline of factor VII as well. Newlands (1982) had proposed the decline of factor VIII, known as rare in DIC, as uniquely leading to DIC in Sicarius enveno-mation. In humans, DIC can occur within 1 to 3 days following a suspected Sicarius bite. In contrast, the incubation time for Ebola hem-orrhagic fever (central Africa) is 5 to 10 days. Symptoms include high fever, headache, my-algia, diarrhea, and mental changes. These symptoms are followed during the second week of illness by a generalized hemorrhage with hematological manifestations, including DIC, thrombocytopenia, and lymphopenia (Sodhi, 1996). Morvan, Nakouné, Deubel, & Colyn (2000), studying at localities in the Central African Republic, identified three dominant small mammals—two rodent species, Mus setulosus and Praomys species, and one shrew species, Sylvisorex ollula—as healthy hosts of traces of the virus, the first of nonprimate mammals. Zoonotic transmission in central

Africa, such as of the Ebola virus and of the simian (SIV)—leading to human (HIV)—immunodeficiency virus, is associated with human contact with body fluids of primates via hunting, preparing, and eating (Wolfe et al., 2004); notably, rodents were commonly eaten. Fruit bats, also consumed by humans in central Africa, are newly revealed carri-ers of Ebola gene sequences and antibodies against the virus (Choi, 2006).

Clubionidae, Genus CheiracanthiumSac spiders, genus Cheiracanthium (Clubionidae), retreat in a silken sac dur-ing the day and activate and hunt at night. They then frequently come in contact with humans and cause painful bites and some systemic effects. As reported by Gorham and Rheney (1968), Cheiracanthium inclusum (Hentz, 1875) is a species present in the United States with an average body length of 7.5 mm. Hentz (1875) had observed the species in North and South Carolina and de-scribed it as livid white or pale yellow, with a dusky longitudinal abdominal line. Cheiracanthium mildei, a species imported from Europe, is present in North America next to the indigenous C. inclusum (Spielman & Levi, 1970). Associated with local necrosis in some reports, the necrotizing potential of Cheiracanthium bites has recently been dis-credited (Isbister et al., 2005; Vetter, Isbister, Bush, & Boutin, 2006). It was concluded that, only rarely, a mild necrosis may occur (Vetter et al., 2006). Worldwide, spiders of the genus Cheiracanthium causing local and systemic effects also include C. punctorium of Europe, C. diversum (syn.: C. mordax) of the central and southwest Pacific region, C. japonicum of Japan, and C. lawrencei of South Africa.

Symptom AnalysisMostly from August to October, probable C. mildei bites occurring indoors near Boston, Massachusetts, produced sharp pain, a red wheal, and soon a slough. Local necrosis is also present 2 or 3 days post-bite, last-ing from 1.5 to 8 weeks, reaching up to 30 mm in diameter, and often surrounded by a zone of induration. A voluntary, mildly pricking bite received from an immature C. mildei caused local itching, erythema, and induration (3 mm in diameter); the le-sion was absent by the next day (Spielman & Levi, 1970). Local induration present for a few weeks followed a painful bite by a fe-male C. mildei, inflicted indoors in June in Connecticut (Krinsky, 1987). In Indiana, an

adult female C. mildei, present indoors dur-ing December, caused an immediate stinging sensation and a red wheal (ca. 20x10 mm). After a few days post-bite, a 50x70 mm zone of erythema and nodular induration with small petechiae developed, healing within 3 weeks (Minton, 1972). The three reports noted no systemic symptoms. C. inclusum has caused immediate local pain, which intensified and gradually involved the part bitten, but no necrosis (Fuhrman & Reeves, 1957; Gorham & Rheney, 1968). Nausea and ineffectual vomiting were pres-ent as early as 15 minutes post-bite. The cul-prit species was a female C. inclusum, found in August in Georgia (indoors) (Gorham & Rheney, 1968). C. inclusum adhered to the bite site after injection of the venom; it was later identified as an immature male, found indoors in California (Fuhrman & Reeves,1957). Local pain, a necrotic lesion nearly pea-sized (in diameter) and visible hours after the bite, and the acute systemic symptoms of chest constriction, chills, malaise, and swollen regional lymph nodes were caused by a verified nocturnal C. punctorium bite (in the left axilla) in August in Yugoslavia. Three other victims, who had also brought the spider in for identification, showed simi-lar symptoms; one victim had an additional light fever (Maretic´, 1962). In Germany, bites are most common in August, when the female C. punctorium guards her eggs in a silken structure that is built with plant parts and reaches, in some cases, the size of a chicken egg. All of the victims observed suffered repeated chills and chest constric-tion (Habermehl, 1974). In addition, a local bluish-red swelling with burning pains, later yielding to itching and rarely suppurating, as well as headache, nausea, vomiting, circula-tory collapse, have been caused by this species known as the only venomous spider present in Germany (Habermehl, 1974, 1976). C. diversum, found in the central and southwest Pacific region, is known to cause moderate to grave symptoms (Fuhrman & Reeves, 1957). The spider has apparently triggered, compared to the other species of this genus, more serious systemic effects that result in hospitalization. The species is even suspected of having elicited a coma in a female Hawaiian resident that occurred 4 hours post-bite and culminated in a fa-tal brain hemorrhage 4 days later (during January) (Baerg, 1959). Another victim of the Hawaiian Islands, a 4-year-old girl, was bitten on the finger by C. diversum, resulting


in immediate severe local pain that rapidly affected her whole arm. The pain subsided after treatment, but her hand remained swol-len (Anonymous, 1962). C. japonicum of Japan is contacting hu-mans, often during the night, between May and August. Male spiders in particular were found to infest houses. Victims bitten suf-fered (locally) continuous pain, edema, ery-thema, and petechiae, often with systemic manifestations such as nausea, vomiting, and headache (Ori, 1975). In the Pretoria-Witwatersrand area of South Africa, Cheiracanthium bites are con-sidered the most common, followed by Loxosceles and Latrodectus bites (Newlands & Atkinson, 1988). South African tick-bite fever has been a differential diagnosis for the dermal and systemic symptoms of suspected C. lawrencei bite. Bites by both C. lawrencei and infected ticks are associated with local necrosis. Ascribed to the spider bite are lo-cal edema, erythema, pain, and necrosis (two initial necrotic areas from fang entry points merge, becoming yellowish), which heals after ca. 10 days. Systemic symptoms (fever, headache, and rash) resembling tick-bite fever occur within 3 days of the spider bite or on the third day post-bite—a shorter incubation time than noted for South African tick-bite fever—and do not respond to tetracycline normally given for the latter condition; there-fore, a rickettsial infection, which is also dis-tinguished by a black eschar at the bite site, could not be suspected in the cases observed (Newlands & Atkinson, 1990a). The spider’s role as vector of the infective agent was found unlikely (Newlands & Atkinson, 1988). Initially, suspected C. lawrencei bites are painless and do not interfere in the vic-tim’s sleep if they occur at night (Newlands, Martindale, Berson, & Rippey, 1980). Instead, the local pain intensifies gradual-ly (Newlands & Atkinson, 1988). In some victims, and also in experimental rabbits (Newlands et al., 1980), a bruise-like sec-ondary lesion is visible ca. 14 days post-bite (Newlands & Atkinson, 1988, 1990a). Compared to suspected C. lawrencei bites, the local pains triggered by, at least, C. in-clusum, C. punctorium, and C. diversum are marked by a more rapid onset, as are the systemic symptoms caused by, at least, C. inclusum and C. punctorium.

African Tick-bite FeverAfrican tick-bite fever, caused by Rickettsia africae, causes rather mild symptoms and a late development of specific antibodies. The

illness, encountered in sub-Saharan Africa, was formerly attributed to Rickettsia conorii, the agent of the more serious Mediterranean spotted fever, which causes a faster immune response than R. africae (Fournier, Jensenius, Laferl, Vene, & Raoult, 2002). African tick-bite fever, transmitted by Amblyomma ticks (parasites of cattle and game), tends to occur in clusters, often affecting groups of travel-ers. A victim may have several inoculation eschars. The incubation time is 6 to 7 days, and fever or an influenza-like syndrome, re-gional lymphadenopathy, and rash (macu-lopapular or vesicular, seldom purpuric) are encountered (Raoult et al., 2001).

ConclusionIn geographical regions where public health issues focus on serious manifestations from both spider and tick bites, or due to travel of thus affected humans from endemic to non-endemic areas, the differential diagnosis is of importance in clinical and forensic investiga-tion. As a rule, dermal symptoms are poten-tially more prolonged and serious in spider bites (two lesions from fangs), especially in bites by a member of the Sicariidae, than in infective bites (usually one lesion). Also, sys-temic symptoms of spider bites tend to de-velop sooner following inoculation than those of a similar zoonotic hematological illness. Heat or other locally applied vasodilators in necrotic arachnidism, also in tick bite with brief attachment, are warned against.

AcknowledgmentsMuch of the information for this article was collected during research on the envenoma-tion effects of the world’s most dangerous spiders, all in preparation for a manuscript on arachnids and other toxic creatures, their toxic symptoms, and current and predicted homeopathic uses. Translations are my own. Thanks to my sister, Christine Boedler, living in Brazil, for helping once with a Portuguese expression. The pictures of the spiders (pp. 57, 58) and of the lesion were ordered from Photo Researchers, Inc.

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Van Aswegen, G., Van Rooyen, J. M., Van der Nest, D. G., Veldman, F. J., De Villiers, T. H., & Oberholzer, G. (1997). Venom of a six-eyed crab spider, Sicarius testaceus (Purcell, 1908), causes necrotic and haemorrhagic lesions in the rab-bit. Toxicon, 35, 1149–1152. Vetter, R. S. (2000). Myth: Idiopathic wounds are often due to brown recluse or other spider bites throughout the United States. Western Journal of Medicine, 173, 357–358. Vetter, R. S. (2005). Arachnids submitted as suspected brown recluse spiders (Araneae: Sicariidae): Loxosceles spiders are virtually restricted to their known distribution but are perceived to exist throughout the United States. Journal of Medical Entomology, 42, 512–521. Vetter, R. S., & Bush, S. P. (2002). Chemical burn mis-diagnosed as brown recluse spider bite [Letter to the editor]. American Journal of Emergency Medicine, 20, 68–69. Vetter, R. S., & Bush, S. P. (2004). Additional consider-ations in presumptive brown recluse spider bites and dapsone therapy [Letter to the editor]. American Journal of Emergency Medicine, 22, 494–495. Vetter, R. S., Cushing, P. E., Crawford, R. L., & Royce, L. A. (2003). Diagnoses of brown recluse spider bites (loxo-scelism) greatly outnumber actual verifications of the spider in four western American states. Toxicon, 42, 413–418. Vetter, R. S., Isbister, G. K., Bush, S. P., & Boutin, L. J. (2006). Verified bites by yellow sac spiders (genus Cheiracan-thium) in the United States and Australia: Where is the ne-crosis? American Journal of Tropical Medicine and Hygiene, 74, 1043–1048. Wand, M. (1972). Necrotic arachnidism: A new entity in the Northwest. Northwest Medicine, 71, 292–295. Wasserman, G. S., & Anderson, P. C. 1984. Loxoscelism and necrotic arachnidism. Journal of Toxicology—Clinical Toxi-cology, 21, 451–472. Wendell, R. P. (2003). Brown recluse spiders: A review to help guide physicians in nonendemic areas. Southern Medical Journal, 96, 486–490. Wilson, D. C., & King, L. E., Jr. (1990). Spiders and spi-der bites. Dermatologic Clinics, 8, 277–286. Wolfe, N. D., Prosser, A. T., Carr, J. K., Tamoufe, U., Mpoudi-Ngole, E., Torimiro, J. N., et al. (2004). Exposure to nonhuman primates in rural Cameroon. Emerging Infec-

tious Diseases, 10, 2094–2099. n


About the AuthorCornelia Richardson-Boedler, NMD, MA, DABFE, DABFM, German-born, lives

in the United States, where she works as a naturopathic doc-tor and psychotherapist in private practice. She holds an MA in Psychology, as well as a license in Marriage, Family, and Child Therapy and is a faculty member of the British Institute of Homeopathy. She researches and writes on topics in homeo-pathic and standard medicine. Recent work has focused on occupational and public health issues (metal carcinogenesis and spider/tick bite). Richardson-Boedler has been a mem-ber of ACFEI since 1995, and a Life Fellow since 2003. She

is a Diplomate of the American Board of Forensic Examiners, a Diplomate of the American Board of Forensic Medicine, and a Certified Clinical Psychopathologist and holds a Doctoral Addictions Counselor endorsement.


Case Study

Mandatory Minimums Tipping the Scales of Justice

At the time, judges essentially had full discretion and, as such, some degree of variation between sentences across judges and jurisdiction was to be expected. Several studies focusing on judicial sen-tencing were conducted in the late 1970s and early 1980s. All found differences in judicial sentencing that were far more disparate than expected. (Forst & Wellford, 1981; Rhodes & Conly, 1981; Sutton, 1978; Partridge & Eldridge, 1974) In one (spon-sored by the Federal Judicial Center), there was a difference of 17 years in the sentences imposed by judges on identical hypothetical cases (Partridge & Eldridge). In another, the Department of Justice presented 16 hypothetical cases to more than 200

federal judges who were asked to render appropriate sentences for each. In only 3 of the 16 cases were the judges unanimous regarding the imposition of a prison term. Within cases, there was significant variation in the length of the imposed sentences, which ranged from 13 to 180 months. (Rhodes & Conly; Sutton) A growing consensus asserted that the compara-tively harsh sentences minorities were being handed were due to differences in judicial experience and theoretical orientation (toward punishment and re-habilitation), judicial bias, and varying contextual and jurisdictional influences. Sentencing disparity was compounded by another reality: Although a judge would sentence the convicted defendant to a specific term, the actual time served was deter-mined by the Department of Parole. According to

the Bureau of Justice Statistics, between mid-1979 and mid-1980, inmates sentenced to 1 to 5

years served an average of 70% of the im-posed term. Those sentenced to 5 to 10 years served approximately 50%, and those sen-

tenced to more than 15 years served only 40%. (Sabol & McGready, 1999) In other words, al-

though the offender might receive a 15-year sen-tence from the judge, he or she might be released by parole after only 5. As a result, judicially imposed sentences had no real meaning or effect.

Standardizing SentencingIn response to the need for greater fairness and hon-esty in sentencing, the U.S. Congress passed the Sentencing Reform Act in 1984, which was part of the Comprehensive Crime Control Act. With the Sentencing Reform Act, Congress established the U.S. Sentencing Commission (USSC), an inde-pendent and bipartisan agency that would become a permanent component of the judicial branch of government. (Wilkins et al., 1991) The original commission consisted of seven members who were appointed and confirmed by the Senate. It consisted of individuals who had demonstrated expertise in the field of criminal jus-tice, some of whom were members of the judiciary. Appointed in 1985, the Commission submitted its first Sentencing Guidelines to Congress in April of 1987, and the guidelines became law in November of 1987. The constitutionality of the Guidelines was widely challenged, thereby precluding imple-

s Mandatory minimum sentences were originally designed to reduce dispari-ties in sentences imposed by judges. The years that have passed have revealed that mandatory minimum sentences have at best a mixed record and may actually in some cases produce more disparity.

D uring the 1980s, the criminal jus-tice system in the United States underwent some of the most dra-matic changes since its inception. In large part, these changes were spurred by the notable increase in the sale, use, and abuse

of drugs (especially crack cocaine), combined with a related increase in drug-related homicides. At the same time, minorities were being sentenced to dis-proportionately long prison terms, as compared to white offenders. Finally, there was a growing pattern of undue judicial leniency for certain categories of serious crimes.

By Bruce Gross


mentation nationwide until January 1989, when the U.S. Supreme Court decided the issue through Mistretta v. United States. The USSC was tasked with creating a system of sentencing that would be applied in a uniform manner by judges across the county. With more than 2,000 federal offenses at the time, the USSC determined the appropriate type and length of sen-tence for each. The USSC categorized all federal of-fenses (and offender characteristics) and established a sentencing range for each category, ensuring the highest sentence in any given range would never exceed the lowest by more than 25%. With the Guidelines, a judge determines the facts of a case and the offender’s criminal history, assigns “points” for various elements of the crime, and imposes a sentence from the established range. Although judges may choose a sentence from within the range, they are not allowed to depart from the Guidelines when sentencing a convicted criminal, except in atypical cases and only if the reasoning behind the departure is explained in the record (as departed sentences can be appealed). Not only did the USSC sharply curtail judicial discre-tion, it allowed Congress essentially to eliminate the Department of Parole’s ultimate control of sen-tencing. After implementation of the Guidelines, the time to which a criminal was sentenced would be the true time the criminal would serve. The expectation was that the Guidelines would make sentencing more just, more transparent, and more “blind.”

Mandating SentencesIt was from a different type of court—the bas-ketball court—that one of the other important changes in America’s criminal justice system arose during the 1980s. A player with tremendous abil-ity and promise, Len Bias, was the number-two pick by the Boston Celtics during the 1986 NBA draft. Tragically, two nights later, on June 19, 1986, Bias died of “cocaine intoxication” at the age of 22. Quite simply, Bias’ overdose had a dramatic and far-reaching impact on the way America perceived and policed recreational drugs. Then Speaker of the House, Democrat “Tip” O’Neill (coincidentally from Boston, MA) saw an opportunity to challenge the Republican Party’s as-sertion during the 1984 election that Democrats were “soft on crime” by getting “tough on drugs.” In order for the Democratic Party to benefit po-litically during the 1986 election, an anti-drug bill would have to pass both Houses by late September or early October. To accomplish this goal, the com-mittee that was to write the bill had to complete the associated work in under a month, before the August recess. Just weeks before the November 1986 election, the Anti-Drug Abuse Act of 1986 was passed into

law. It had been written without the usual hearings or input from the typical range of experts. That is, the Act was drafted (and passed) without any in-put from judges, representatives from the Bureau of Prisons, substance abuse treatment professionals, or other sources of relevant information. In brief, the law created the Office for Substance Abuse Prevention and allowed for the establishment of drug abuse prevention programs nationwide. It also set much stiffer sentences for select offenses (especially for those involving drugs and weapons) and for recidivist offenders. Unlike the Sentencing Guidelines (which allow for departure based on unique or exceptional cir-cumstances within a given case), these new sen-tences required that convicted offenders receive specific (and comparatively harsh) prison terms with virtually no variation. Judges were now re-quired to deliver fixed sentences to those persons convicted of specific crimes. Judges were no longer free to consider mitigating factors (including those research has proven relevant to recidivism), such as the offender’s degree of culpability and amenability to treatment or rehabilitation. Historically, much of this information had been provided by forensic psychologists and psychiatrists. Arising out of an effort to curtail the exploding drug trade, the new sentences (for drug crimes) were based on three factors: the type of drug in-volved, the actual or alleged weight of the drug (generally, the higher the weight, the longer the sentence), and the number of prior convictions of the offender. Different substances have different set quantities that trigger specific mandatory sentenc-es, and prosecutors are not required to physically produce the specific quantity of drug(s) to “prove” the charged quantity (“proof” can be offered in the form of witness testimony). These new sentences—dubbed “manda-tory minimums”—were incorporated into the Sentencing Guidelines and had a dramatic, im-mediate impact. Before “mandatory minimums,” drug offenders (on average) received prison sen-tences of 22 months; after, the sentence for the average drug offense jumped to 66 months (USSC, 1995–2007a; Sabol & McGready, 1999). Although “man-datory minimums” were primarily intended for “high-level” traffick-ers or the heads of drug distribu-tion networks, the law applied to everyone involved in the conspir-acy to traffic legally controlled sub-stances, regardless of how minimal the individual offender’s involvement. In other words, a runner at a given meth lab was now legally liable for all the meth ever sold (not just at the specific lab) by the organiza-tion that controls the given lab.


By 1991, Congress had created nearly 100 sep-arate “mandatory minimum” provisions, result-ing from approximately 60 legislative statutes. Of these 60, only four that deal with drugs and fire-arms frequently result in convictions (Wilkins et al., 1991). “Mandatory minimum” statutes gener-ally came into existence as floor amendments, as part of political posturing around getting “tough on crime.” In fashioning these statutes, very little consideration is given to the impact they have on the Sentencing Guidelines as whole.

Legal LoopholeIn the hopes of using the new and harsher sentenc-es to the government’s advantage, a provision was included in the Sentencing Guidelines that would allow for downward departure from the “manda-tory minimum” sentence. That is, a defendant may receive a sentence less than the minimum manda-tory sentence if and when the offender provides “substantial assistance” with the investigation and prosecution of another offender’s criminal activities, and only upon motion by the prosecution. Upon such a motion (often referred to as a “5K” provision, taken from the section number of the Sentencing Guidelines), the judge must consider the nature, extent, significance, truthfulness, and timeliness of the defendant’s assistance before im-posing a sentence derived from the Guidelines. Judges are instructed to give “substantial weight” to the prosecution’s evaluation of the defendant’s information, cooperation, and assistance, and they must include their reasoning for the departure in the record (GAO, 2003). Again, if the prosecution does not file a “substantial assistance” motion, the

judge is bound to sentence the defendant to the “mandatory minimum” or higher, depending on the elements of the case. It was soon discovered that only 11% of federal drug defendants were the “high-level” drug deal-ers “mandatory minimums” were intended to pun-ish, half of whom were involved with crack cocaine (Wilkins et al., 1991). Recognizing that “manda-tory minimum” sentences were perhaps unjustly pe-nalizing certain very “soft” criminals (in particular, those attached to drug crimes), Congress enacted a “safety-valve” provision in 1994. This new legis-lation allowed relief from the mandatory sentence for first-time offenders (with a minimal criminal history), who were not armed or violent and who were not “high-level” participants in the crime. In January 2005, in U.S. v. Booker, the U.S. Supreme Court held that the Sentencing Guidelines are “advisory” rather than absolute, thereby restor-ing a degree of judicial discretion (Hinojosa et al., 2006). However, that discretion does not extend to those Guideline offenses that carry a “mandatory minimum” sentence. In order to receive a down-ward departure at sentencing, one of the two stat-utory provisions (“safety valve” or “substantial as-sistance”) must apply.

A Motive to “Snitch”Whether it’s called providing “substantial assis-tance,” “cooperating,” “turning state’s evidence,” “ratting,” “flipping,” “whistleblowing,” or becom-ing an “informant,” to have any hope of avoiding a “mandatory minimum” sentence or of receiving a downward departure, the offender must “snitch.” In other words, the government offers a criminal a

U.S. v. BookerJustice Stevens delivered the opinion of the Court in part, concluding that the Sixth Amendment as construed in Blakely applies to the Federal Sentencing Guidelines.

The Sixth Amendment“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previ-ously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compul-sory process for obtaining wit-nesses in his favor, and to have the Assistance of Counsel for his defence.”


“reward” for information leading to the arrest and prosecution of another criminal. As mentioned, the reward may be avoiding prosecution altogether, a reduced charge (with no “mandatory minimum”), a reduction of the “mandatory minimum” sentence, a flat fee, a percentage of confiscated money result-ing from the information, special services or pref-erential treatment if already incarcerated, or nego-tiated lenience for someone else. Rewarding “snitches” for “substantial assistance” is sanctioned by law in criminal cases, but not civ-il (Harris, 2000). For example, 21 U.S.C. Section 886(a) (2000) authorizes the Drug Enforcement Agency to make “appropriate” payments to in-formers. 18 U.S.C. Section 3059B (2000) autho-rizes discretionary payments to informants of up to $100,000 that are not subject to judicial review. United States v. Boyd (833 F. Supp. 1277 (N.D. Ill. 1993)) allows for prison gang members who be-come informants to receive contact visits, illegal drugs, clothing, telephone privileges, and “gifts.” Offering rewards for “substantial assistance” seems to have become the standard of practice, certainly in drug cases, but also in those involv-ing insurance or Medicare fraud, gambling, mon-ey laundering, racketeering, bribery, murder, and antitrust crimes. By the early 1990s, the U.S. gov-ernment was paying informants or snitches more than $100 million a year (Caulkins et al., 1997). Thousands of others were rewarded or paid with reduced sentences. In the last quarter of 2007, of all drug cases with an attached “mandatory minimum,” 52.4% received a “substantial as-sistance” downward departure (USSC, 2008a). Approximately 40% (whose criminal activity war-ranted a “mandatory minimum” sentence) were able to exchange information for the opportunity to plead to an offense with a lesser or no “manda-tory minimum” attached.

The Benefits and Costs of CrimeIt has primarily been the “high-level” drug of-fenders (the ones for whom the law was intended) who benefit from the “substantial assistance” pro-vision. In 2005, of all those defendants facing fed-eral charges associated with cocaine, approximately 10.6% were “high-level”; in contrast, 57.3% were “low-level” offenders (USSC, 2007a). Obviously, those at the top of drug-trafficking organizations have more valuable information to exchange with the prosecution for a reduced (or even no) sen-tence than do those at the bottom. Not only do they know everyone who works under them, they know those custom officials, law enforcement of-ficers, etc., who facilitate their organization’s op-eration. More troubling is the fact that “high-lev-el” drug dealers can essentially “pick and choose” what information they give, minimizing the effect on their network as a whole.

Although “high-level” drug offenders seeming-ly benefit from “mandatory minimums” as com-pared to “low-level” offenders, they often receive tougher sentences than do some violent criminals (in particular, those whose crime has no attached mandatory sentence). For example, during the last quarter of 2007, the mean/median federal sentences for manslaughter and assault were 44.5/31.5 and 35.8/27.0 months respectively (USSC, 2008a). In contrast, the mean federal sentence for drug traf-ficking was 80.6 months and the median, 60.0. Not only do “mandatory minimums” skew sen-tences across categories of crime, they also skew sentences within categories, especially within drug crimes (USSC, 1991–2007a, 1991-2007b; Wilkins et al., 1991). A clear example exists in the dispar-ity between sentences for crack versus powder co-caine (Hinojosa, 2008; USSC, 2007b). By late 2007, more than 35% of federal cases were for drug crimes; of those, 24% involved crack cocaine and 21.5%, powder cocaine (Hinojosa, 2008; USSC, 2008a; GAO, 2007). Yet it takes 100 times more powder than crack cocaine to trigger the same mandatory sentence. Referred to as the “100-to-1” ratio, it in no way reflects the actual comparative “dangerousness” of the two forms of cocaine. Currently, possession of 5 grams of crack cocaine results in an automatic, “mandatory minimum” prison sentence of 5 years (even for first-time of-fenders); possession of the same quantity of powder cocaine is considered a misdemeanor and receives a maximum 1-year prison term (USSC, 2007b). Dating back to 1991, State and Federal Courts have found that quantity-based sentences are both irrational and prejudicial (see, for example, State of Minnesota v. Russell, 1991). Maintaining a histori-cal trend, in 2006, just more than 80% of crack cocaine offenders were African-American. As such, it has been argued that African-Americans are un-fairly penalized by the harsher sentence for crack cocaine. Despite this long-recognized disparity, it was not until April 2008 that Congress allowed the Guidelines to be amended to establish more fitting sentence ranges for cocaine-related crimes (USSC, 2008b).

Disparate JusticeAlthough “mandatory minimum” sentences and the “substantial assistance” provision were intended to reduce sentencing disparity, it appears the op-posite has occurred. Historically, when offenders provide assistance, it is typically in the same cat-egory of crime for which they have been accused or convicted. As most drug users tend to buy from dealers of their own race, “snitches” typically pro-vide the government with information on others within their own community. This trend led to the contention that the dispar-ity inherent in “mandatory minimum” sentences


specifically targets minorities. In the mid-1980s, the average drug sentence for African-Americans was 11% higher than that for whites; by 1990, that figure had increased to just under 50% (McCurdy, 2006). Consistent with this, it has been demon-strated that 80% of all search warrants issued for predominantly African-American and Latino neigh-borhoods relied on confidential informants (Coker, 2003). Along with racial disparities, “mandatory min-imums” have also worsened gender disparities in sentencing. The number of women in prison for drug law violations increased by more than 420% between 1986 and 1996 (and by 800% for African-American and Hispanic women), result-ing in 70% of the population of female prison-ers being “low-level” and non-violent offenders (McCurdy, 2006; Snell, 1994). In 2003, of all female federal prisoners, 58% were convicted of drug offenses.

“Mandatory Minimums” and the Prison SystemBy 1998, 40% of all federal sentencing was for drug crimes, and federal prisons saw more than a 400% increase in the number of inmates sentenced on drug convictions (FBP, 2008; McCurdy, 2006). Between 1986 and 1991, drug offenders accounted for 44% of the increase in the state prison popula-tion. Today, more than half of federal prisoners are in on drug offenses and continue to be primarily “low-level” drug dealers. (FBP) With the increase in prison terms associated with “mandatory minimums” and the increase in the number of inmates incarcerated for drug crimes, the total prison population has been swelling since the law was enacted in 1986. This, in turn, resulted in the need for additional guards and facilities to manage the growing inmate population, driving up tangible and intangible costs to both the prison system and to society. To house an inmate in federal prison, it costs just under $2,000 per month (GAO, 2007). In 1986, the total budget for the federal Bureau of Prisons was $220 million. By 1997, that figure had esca-lated to $2.6 billion, and as of 2006, it had jumped to just under $5 billion. Again, a tremendous pro-portion of this money is being spent on non-vio-lent, “soft” offenders, as the more “sophisticated” criminals often spend less time in jail as a result of the “substantial assistance” provision. Drug cases have certainly flooded our criminal courts and prison system. Yet, this is not necessarily because the government has truly become “tough-er” on drug crimes, but because drug cases have become easier and faster to process. As such, what was designed to be an adversarial process in search of justice has become an administrative process of expediency and appearances.

“Substantial Assistance” or “Testalying” for a BribeIn order to earn the negotiated “reward” for providing “substantial assistance,” offenders are often required to testify during the trial of another criminal. Many law enforcement officers and inmates alike refer to this “arranged” testimony as “testalying.” Understandably, defense attorneys regularly assert these prosecution witnesses are committing perjury, willing to “say anything” to reap the rewards offered by the prosecution. Of note, there is no record of a federal “substantial assistance” witness being tried for perjury, although this may in no way reflect the actual occurrence of perjury. The American Bar Association’s “Model Rules of Professional Conduct” make no distinction between prosecutors and defense attorneys when rules state a lawyer shall not “offer an inducement to a witness that is prohibited by law” (Section 3.4(b)). Yet, while defense attorneys are not permitted to “reward” witnesses, prosecutors may. It is generally believed that because prosecutors have the dual responsibility of obtaining a conviction and seeking justice, they will not abuse the power they hold or suborn perjury from any witness. Yet it has been shown that 20% of all proven wrongful convictions (and 45% of capital cases) involved “snitch” testimony (CWC, 2004–2005). The “substantial assistance” provision is generally considered to be a “necessary evil” in the “war on crime.” A general trust is placed in prosecutors’ ability to weigh the social risks and benefits of giving one criminal a “pass” on their crime(s) in order to (hopefully) convict another. Informants (who are released with little or no time behind bars) are essentially given permission to continue in their illegal behavior and to reap the benefits without consequence and with reward. Albeit, along with the reward, the offender risks potential discovery by and consequences from those about whom he or she “snitched.” To some, the “substantial assistance” provision sends the message that the government is not only tolerating and reinforcing crime, but actually encouraging recidivism. Others contend that without informants and “snitches,” the government would never be able to penetrate organized crime or drug networks. Still others assert that the provision has resulted in investigator “laziness,” as the information that the “snitches” provide cuts down on a lot of the “foot work” involved in catching criminals. This leads others to question whether “snitches” may be controlling some drug investigations, and whether prosecutors lose their independent decision-making ability when they build their cases on the “substantial assistance” of “snitches.”

Shifting the Balance of PowerAlthough the Sentencing Guidelines were intend-ed to further justice by increasing objectivity in


sentencing, “mandatory minimums” have severely diminished judicial discretion, the intended core of objectivity in the criminal justice system. At the same time, “manda-tory minimum” and “substantial assistance” statutes have resulted in a tremendous ex-pansion of prosecutorial power and control. In brief, they shifted discretion from judges to prosecutors. As before, prosecutors determine what charges to file, which, since “mandatory min-imums,” determines the sentence. As before, prosecutors decide whether to reduce a charge and whether to offer, accept, or deny a plea bargain. Since “mandatory minimums,” pros-ecutors have the authority to reward or deny a defendant’s “substantial assistance” or coop-eration, thereby setting the final sentence. Most significantly, unlike traditional plea bargains, “snitch” agreements are “secretive” and absent the legal safeguards that are pro-tected by due process. The offender is not represented by counsel, and the agreement is not reviewed by a judge. Often the agreement is not formalized in writing and even those that are written are not legally enforceable by the offender. With full discretion and no public accountability, the prosecution is not bound to uphold its side of the agreement.

Open AnalysisIn 1990, the Sentencing Commission was directed by Congress to research and report on the general effect of “mandatory min-imum” sentences. In its 1991 report, the Commission voiced its opposition to “man-datory minimums,” along with that of the judiciary and the American Bar Association (including defense attorneys and prosecutors). Despite its best efforts to integrate “mandato-ry minimums” in the Guidelines in 1986, the Commission concluded, and maintains, that these sentences are “manifestly unjust.” The Sentencing Commission, the Department of Justice, and the Criminal Justice Research Program of the Rand Corporation have found that the tougher “mandatory minimum” sentences fail to de-ter crime (Coker, 2003; Caulkins, Rydell, Schwabe, & Chiesa, 1997). A primary goal of imposing more severe penalties for select crimes was to enhance the deterrent effect of prison. Yet that goal is undermined by the uncertainty and disparity of sentencing in-herent with the “substantial assistance” pro-vision. In terms of obvious indicators, over the 10 years after “mandatory minimums” were enacted, the number of drug viola-tions increased by just less than 50%. During

that same time, there was a steady increase in the availability of controlled substances and a concomitant decrease in cost (Turner, 2000). In part, the Sentencing Guidelines were developed in response to the increase in plea bargains and in an effort to increase the “transparency” and “truthfulness” of sentencing. Yet during the last quarter of 2007, 97.6% of federal drug cases were re-solved through plea bargains (USSC, 2008a). Although the Sentencing Guidelines have been a positive step toward bringing more uniformity and transparency to sentencing, “mandatory minimums” and “substantial as-sistance” negotiations have worked in direct opposition. With Congress having ultimate authority over sentencing policies, as long as “mandatory minimums” remain politically popular, the criminal justice system will re-main unbalanced.

References American Bar Association (ABA). (2008). Model rules of professional conduct. Retrieved from http://www.aba-net.org/cpr/mrpc/home.html Caulkins, J., Rydell, C. P., Schwabe, W. L., & Chiesa, J. (1997). Mandatory minimum drug sentences: Throw-ing away the key or the taxpayers’ money? Santa Monica, CA: Rand Corporation. Center on Wrongful Convictions (CWC). (2004–2005). The snitch system. Chicago, IL: Northwest-ern University School of Law, Bluhm Legal Clinic. Coker, D. (2003). Forewarned: Addressing the real world of racial injustice in the criminal justice system. Journal of Criminal Law & Criminology, 93, 827–837. Federal Bureau of Prisons (FBP). (2008). Quick facts. Retrieved from http://www.bop.gov/news/quick.jsp#4 Forst, B., & Wellford, C. (1981). Punishment and sen-tencing: Developing sentencing guidelines empirically from principles of punishment. Rutgers Law Review, 33, 813. General Accounting Office (GAO). (2003). Federal drug offenses: Departures from sentencing guidelines and mandatory minimum sentences, fiscal years 1999-2001. GAO-05-105. Retrieved from http//www.gao.gov/cgi-bin/getrpt?GAO-04-105 General Accounting Office (GAO). (2007). Cost of prisons. (GAO-08-6). Report to the Subcommittees on Commerce, Justice, and Science, Senate and House Appro-priations Committees. Washington, D.C.: United States Government Accountability Office. Harris, G.C. (2000). Testimony for sale: The law and ethics of snitches and experts. Pepperdine Law Review, 28(1), 12–34. Hinojosa, R.H. (2008). Statement of Ricardo H. Hi-nojosa, Chair, United States Sentencing Commission,

before the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security. Retrieved from http://www.ussc.gov/hearings/02_26_08/Hinojo-sa-statement.pdf Hinojosa, R.H., Castillo, R., Sessions, W.K., et al. (2006). Final report on the impact of United States v. Booker on fed-eral sentencing. Washington, D.C.: United States Depart-ment of Justice, United States Sentencing Commission. McCurdy, J. (2006). Testimony of Jesselyn McCurdy, Legislative Counsel, American Civil Liberties Union, Washington National Office. United States Sentencing Commission Hearing on Cocaine and Sentencing Policy. Retrieved from http://www.ussc.gov/hearings/11_15_06/McCurdy-testimony.pdf Mistretta v. U.S. (1989). 488 U.S. 361. Partridge, A., & Eldridge, W. B. (1974). The Second Circuit study: A report to the judges of the Second Circuit. Washington, D.C.: Federal Judicial Center. Rhodes, W. M., & Conly, C. (1981). Analysis of fed-eral sentencing. Washington, D.C.: Department of Jus-tice, Federal Justice Research Program. Sabol, W. J., & McGready, J. (1999). Time served in prison by federal offenders, 1986–1997. (NCJ 171682). Bureau of Justice Statistics Special Reports. Washington, D.C.: Department of Justice. Snell, T. L. (1994). Women in Prison. (NCJ-145321). Bureau of Justice Statistics Special Report. Washington, D.C.: Department of Justice. State v. Russell, 477 NW.2d 886 (Minn. 1991) (en banc). Sutton, L. P. (1978). Federal sentencing patterns: A study of geographical variations. Washington, D.C.: De-partment of Justice. Turner, S. (2000). Impact of truth-in-sentencing and three strikes legislation on crime. In Crime and Justice Atlas 2000. Washington, DC: United States Department of Justice. U.S. Sentencing Commission (USSC). (1995–2007a). Sourcebook of Federal Sentencing Statistics. Retrieved from http://www.ussc.gov/annrpts.htm U.S. Sentencing Commission (USSC). (1995–2007b). Annual report. Retrieved from http://www.ussc.gov/an-nrpts.htm U.S. Sentencing Commission (USSC). (2007a). Re-port to Congress: Cocaine and federal sentencing policy. Washington, D.C.: USSC. U.S. Sentencing Commission (USSC). (2007b). U.S. Sentencing Guidelines Manual. Washington, D.C.: USSC. U.S. Sentencing Commission (USSC). (2008a). U.S. Sentencing Commission preliminary quarterly data report; 1st quarter release, preliminary fiscal year 2008 data, through December 31, 2007. Washington, D.C.: USSC. U.S. Sentencing Commission (USSC). (2008b). Amendments to the sentencing guidelines. Washington, D.C.: USSC. United States v. Booker. (2005). 543 U.S. 220. Wilkins, W. W., Carnes J. E., Corrothers, H. G, et al. (1991). Special report to the Congress: Mandatory minimum penalties in the federal criminal justice system. Washington,

D.C.: United States Sentencing Commission. n

About the Author

Bruce Gross, PhD, JD, MBA, is a Fellow of the American College of Forensic Examiners and is an Executive Advisory Board member of the American Board of Forensic Examiners. Dr. Gross is also a Diplomate of the American Board of Forensic Examiners and the American Board of Psychological Specialties. He has been an ACFEI member since 1996 and is a also a Diplomate of the American Psychotherapy Association.


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KEY WORDS: polygraph, error-rate, containment approach

TARGET AUDIENCE: polygraph examiners, sex offender management professionals


DISCLOSURE: The author operates a polygraph business.

PREREQUISITES: none

1. True or false: The use of post-conviction polygraph is new to the field of sex offender management.a. Trueb. False

2. True or false: Very few states allow post-conviction polygraph testing.a. Trueb. False

3. Sex offender management is most effective in the containment model.a. Trueb. False

4. True or false: Research on sex offender recidivism shows a re-offense rate of 87%.a. Trueb. False

5. As of 2007, seven test formats have been identified as validated per APA stan-dards.a. Trueb. False

6. True or false: The most accurate validated testing format can be used for post-convic-tion sex offender testing.a. Trueb. False

POST CE TEST QUESTIONS (Answer the following questions after reading the article, pages 72-79)


CE ARTICLE 3: Post-Conviction Polygraph in the Community and Court (pages 72–79)

ABSTRACT

After studying this article, participants should be better able to do the following:

Describe the use of post-conviction polygraph in sex offender management.1. Define the use of a containment approach to sex offender management2. List advantages of higher standards in post-conviction polygraph testing3. Communicate the impact of post-conviction examinations4. Describe how forensic and clinical examiners who rely on post-conviction examinations can demand opti-5. mal examinations by encouraging higher standards

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For each exam passed with a grade of 70% or above, a certificate of completion for 1.0 continuing educa-tion credit will be mailed. Please allow at least 2 weeks to receive your certificate. The participants who do not pass the exam are notified and will have a second opportunity to complete the exam. Any questions, grievances or comments can be directed to the CE Department at (417) 881-3818, fax (417) 881-4702, or e-mail: [email protected]. Continuing education credits for participation in this activity may not apply to-ward license renewal in all states. It is the responsibility of each participant to verify the requirements of his/her state licensing board(s). Continuing education activities printed in the journals will not be issued any refund.




An estimated quarter million sex offenders are currently under community supervision, the population continues to grow, and some sex offenders re-offend—making community safety a great concern of our society. Methods of sex offender management and treatment continue to improve, and sex offenders often re-integrate into society successfully—making impartiality and integrity among sex offender management professionals immensely important. These individual—and often conflicting—factors bring us to conclude that sex offender management is a significant component of correctional supervi-sion in the United States. In a majority of states a key element of sex offender management is a unique form of polygraph referred to as post-conviction sex offender testing (PCSOT). When jurisdictions use this tool the standards of the American Polygraph Association (APA) are automatically incorporated into mandates and policies. This author is concerned with the fact that APA standards do not de-mand the best possible post-conviction examinations, and because of the imminent and irreparable consequence of this error, we urge the American Polygraph Association and other organizations such as the American College of Forensic Examiners Institute (ACFEI) to raise the bar on PCSOT examiners.

Call the Chief Association Officer directly at (800) 592-0960 or go online to chs.acfei.com. Fall 2008 THE FORENSIC EXAMINER 71 (800) 423-9737

CE Article: (ACFEI) 1 CE credit for this article

The Offender PopulationIn 2005, the Bureau of Justice Statistics reported that 148,800 inmates were serving time in state prisons for rape and “other” types of sexual assault. Sex crimes, then, accounted for about 12% of in-carcerated state offenders. Inmates in Federal and military prisons were not reported by crime type (Bureau of Justice Statistics [BJS], 2005). Although a constellation of recent legislative changes and sen-tencing practices has increased the likelihood and length of incarceration for convicted sex offenders, “approximately 98% of all incarcerated sex offend-ers will some day return to the community for su-pervision” (English, Jones, & Patrick, 2002). At year-end 2005, more than 4.9 million adult men and women were under federal, state, or lo-cal probation or parole jurisdiction. A 2005 sur-vey estimated that 3% of these probationers were sex offenders, and parolees were not identified by crime type (BJS, 2005). By using the incarcerat-ed sex offender rate of 12%, we can estimate that 92,622 parolees had been convicted of sexual of-fenses, giving us a ballpark figure of 217,000 sex offenders in the community at the end of 2005.

Sex Offender Recidivism“What happened to 9-year-old Jessica Lunsford is every parent’s worst nightmare. In February 2005 she was ab-ducted from her home in Florida, raped, and buried alive by a stranger, a next-door neighbor who had been twice convicted of molesting children. Over the past de-cade, several horrific crimes like Jessica’s murder have captured massive media attention and fueled widespread fears that children are at high risk of assault by repeat sex offenders.” (Human Rights Watch, 2007)

“Sex offender laws are predicated on the widespread assumption that most people convicted of sex offenses will continue to commit such crimes if given the op-portunity. Some politicians cite recidivism rates for sex offenders that are as high as 80–90%.” (Human Rights Watch, 2007) Illinois State Representative John Fritchey de-scribed the atmosphere saying, “The reality is that sex offenders are a great political target, but that doesn’t mean any law under the sun is appropri-ate” (Keith, 2006). Opinions based on research do not agree with fear-based assumptions and political statistics. In fact, “(e)xisting research clearly indicates that sex offenders are, compared to other offenders, among the least likely to re-offend” (Langan & Levin, 2002). It also appears that when sex offenders do re-offend, their re-offense is seldom sexual in nature. Langan, Schmitt, and Durose (2003) researched 9,691 sex offenders released from prison in 1994 and found that only 12% of the re-arrests in the 3-year post-release period involved a sex offense.

n estimated quarter million sex offenders are currently under community supervision. The population continues to grow, and some sex offenders re-offend—making community safety a great concern of our society. Methods of sex offender management

and treatment continue to improve, and sex offenders often re-integrate into society successfully; therefore, impartiality and integrity among sex offender management professionals is immensely important. These in-dividual—and often conflicting—factors bring us to conclude that sex offender management is a significant component of correctional super-vision in the United States. In a majority of states, a key element of sex offender management is a unique form of polygraph referred to as post-conviction sex offender testing (PCSOT). When jurisdictions use this tool, the standards of the American Polygraph Association (APA) are automatically incorporated into mandates and policies. This author is concerned with the fact that APA standards do not demand the best possible post-conviction examinations, and due to the imminent and irreparable consequence of this error, we urge the APA and other organizations such as the American College of Forensic Examiners Institute (ACFEI) to raise the bar on PCSOT examiners.

By Kenneth Blackstone


Post-Conviction Polygraph in the Community and Court:Raising the Bar on PCSOT Examiners

s Statistics on ricidivism involving sexual offenders vary, but high-profile cases can drive laws that restrict and monitor a con-victed sexual offender’s actions after re-lease from a correctional facility. Above, John Couey (center) was found guilty on March 7, 2007 at the Richard E. Gerstein Justice Building in Miami, Florida, of kill-ing 9-year-old Jessica Lunsford. The bru-tal rape and murder of Lunsford, who was buried alive, shocked the nation and spurred calls for closer supervision of re-leased sexual offenders. (Both photos by Al Diaz/ Miami Herald/MCT)

A 2007 study conducted by the Minnesota Department of Corrections showed that after 3 years, 7% of 3,166 offenders had been re-arrested for a sex offense, 6% had been re-convicted, and 3% had been re-incarcerated. By the end of the follow-up period (an average of 8.4 years for all 3,166 offenders), 12% had been re-arrested for a sex offense, 10% had been re-convicted, and 7% had been re-incarcerated (Minnesota, 2007). A 2007 study released by the Tennessee Bureau of Investigation monitored 506 sex offenders and 523 non-sexual offenders over a 3-year period after their release from prison and local jails and com-pared their recommitment rates. Recommitment was defined as re-entry into the criminal justice system due to either a new arrest or a technical vi-olation of supervision. This study “demonstrated a marked difference between the recidivism of sex offenders and offenders with other primary offenses who were released. The sex offender group showed a success rate of 44.1%, almost double the rate of the other release group. Only 28.1% of the sex of-fenders released were recommitted into the prison system, while 51.6% of all other releases were re-committed.” (Tennessee, 2007) Recidivism rates vary by jurisdiction, by study, and by definition of recidivism. Commonalities include a lower sexual than non-sexual re-offense rate and a remarkable success rate. Although these studies can be interpreted as evidence that some sex offenders re-offend, they should remind us that some sexual offenders do not re-offend, mak-ing impartiality and professionalism of utmost im-portance in post-conviction sex offender testing.

Post-Conviction PolygraphIn an effort to decrease recidivism and increase success, many jurisdictions use a multi-disciplin-ary “containment approach” toward sex offender management. “Empirical data are surfacing from many jurisdictions (using the containment ap-proach) that reflect the value of this approach in reducing technical violations and new crimes” (K. English, personal communication, May 22, 2007). In this model, the following requirements are nec-essary for offenders:

To be supervised under general and special •conditions of probation or parole To participate in sex offender specific treat-•ment To undergo polygraph examinations dur-•ing the evaluation process and periodically throughout the supervision period

“The value of the post-conviction polygraph seems undisputed among those who use it, and those juris-dictions that now use it report that they could not get along without it. The polygraph has become an im-portant asset in treatment and supervision, provid-ing independent information about compliance and

progress.” (Center for Sex Offender Management, 2000)

“Using the polygraph to manage offenders in the community is not new. In 1966, Illinois Judge Clarence E. Partee used polygraphy to help him decide on probation applications (cited in Partee, 1975); and in 1969, in Walla Walla, Washington, Judge (John C.) Tuttle developed a similar plan that required probationers to be periodically tested by polygraph to determine if they were complying with the conditions of supervision (cited in Abrams & Abrams, 1993)” (English, Pullen, & Jones, 1996).

“In 1973, Judge John Beatty initiated the first poly-graph surveillance program in Oregon” (Abrams & Ogard, 1986).

With the development of the containment ap-proach, the popularity of post-conviction poly-


graph has continued to spread into numerous states. Although a 1994 national survey indicated that only 11% of probation and parole offices used polygraph as a monitoring tool (English, Pullen, & Jones, 1996), today it is used to some degree in all 50 states, and at least “thirty-five (35) states are using the post-conviction polygraph regularly, as part of community supervision. Most states (today) do not mandate polygraph testing in statute, and in general, the practice varies by jurisdiction and is usually a re-sult of agency policy and not by statute” (K. English, personal communication, May 22, 2007).

Research and StandardizationGovernmental statutes and departmental polices typ-ically incorporate the standards of the APA into their own, but “the integrity of polygraph testing has been attacked on two fronts: lack of process standardiza-tion and lack of validation research. Opponents of the polygraph argue that individual differences, such as body mannerisms of clients, amount of examiner experience in testing special populations, quality of examiner training, and various types of therapist/ex-aminer partnerships bias the polygraph results. To some extent, however, all research is biased by these variables if not sufficiently controlled.” (Ahlmeyer, Heil, McKee, & English, 2000) Impressive research has been conducted on the specificity of the polygraph. In 1997, Forensic Research Inc. compiled the results of 80 research projects conducted since 1980, aimed at assessing the validity and reliability of polygraph testing. The 12 field validity studies conducted involved 2,174 exams and yielded a 98% accuracy rate (average over studies). In a praiseworthy 2007 attempt to raise its standards, the APA identified seven test formats as “validated” per the following research criteria:

The research had to be published in full.• The research had to be replicated.•

The published polygraph technique had to •be identified by name or reported in suffi-cient detail so that the correct name for the technique could be determined. When multiple techniques were reported, •the accuracy figures had to be available for each technique. The accuracy figures had to be broken out •separately for truthful and deceptive cases. The ground truth criteria must have been in-•dependent of the polygraph results. The testing and scoring technique must have •been representative of field practices. The field cases must have been randomly •selected or, with laboratory studies, subjects must have been randomly assigned to either deception or non-deception conditions. The formulation of decisions of deception •or truthfulness on individual cases could not consider the results of other examinations on the same crime.

For laboratory data, programmed countermea-sure cases were excluded. While the Army Modified General Question Technique (MGQT), the Concealed Information Test (AKA Guilty Knowledge Test), Federal Zone Comparison Test (AKA Army ZCT), Reid Technique, Relevant-Irrelevant (RI) Screening Test, Test for Espionage and Sabotage (TES), and Utah Zone Comparison Technique all meet the defini-tion of “validated format” (Krapohl, 2006), they are not all applicable in post-conviction testing. Under new research criteria, only one usable for-mat, the Utah Technique, reaches an overall accu-racy rate of more than 90%. Research shows that the Utah Zone is correct in 92% of deceptive cases and in 89% of truthful cases, giving it an overall accuracy rate of 91%. These rates are without in-conclusives, and the Utah Zone has an inconclusive rate of 12%. This author considers it laudable how the APA has classified a polygraph examination as either evi-dentiary or investigative and has established differ-ent ‘acceptable error rates’ for evidentiary and for investigative testing, but this is where the praise ends. This is because these standards identify post-conviction sex offender testing as an investigative examination, and, per the current APA standards, the acceptable rate of error for an investigative/post-conviction examination is 20%, while evidentiary exams are held to a higher standard of 10%.

DefinitionsPer APA Standards of Practice (2007), an eviden-tiary examination is “a polygraph examination, the written and stated purpose for which, agreed to by the parties involved, is to provide the diagnostic opinion of the examiner as evidence in a pending judicial proceeding.” Per APA Standards of Practice,

s Mark Lunsford, father of Jessica Lunsford, hugs a family member on March 7, 2007, after John Evander Couey was found guilty of killing 9-year-old Jessica.(Al Diaz/Miami Herald/MCT)

s Jessica Lunsford


an investigative examination is “a polygraph ex-amination for which the examination is intended to supplement and assist an investigation and for which the examiner has not been informed and does not reasonably believe that the results of the examination will be tendered for admission as evi-dence in a court of record. Types of investigative examinations can include applicant testing, coun-ter-intelligence screening, post-conviction sex of-fender testing, as well as routine multiple-issue or multiple-facet criminal testing.” Based on the above definitions and the following observations, this author feels that post-conviction examinations should be considered evidentiary and, as a result, be held to a higher standard. Again, this author is not concerned with terminology but with the impact of a lower standard. Because of the Daubert decision, reasonable be-lief that results will be tendered for evidence applies to post-conviction as well as evidentiary examina-tions. “Daubert opened the door for the admissi-bility of polygraph data in post-conviction sex of-fender management, because it gives district courts the authority to determine if evidence is relevant and reliable” (English, Jones, & Patrick, 2002). “Following Daubert v. Merrell Dow, renewed ef-forts have been made to introduce polygraph test results. Although Daubert technically applies only to the federal courts, several states have chosen to adopt the Daubert standard for admission of sci-entific evidence. In so doing, these states have re-visited their admissibility standards after Daubert and specifically elected to adhere to the Frye test, whereas others have attempted to intertwine aspects of both.” (Stern, 1997) Some may argue that post-conviction tests are not evidentiary because they are not part of a pend-ing judicial proceeding. But post-conviction tests are a result of an ongoing judicial proceeding that continues until the sentence has been served, in full. Then there is a possibility of civil commitment. Civil commitment hearings will review polygraph examinations given during treatment and super-vision. Currently, 20 states (Arizona, California, Florida, Iowa, Illinois, Kansas, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, North Dakota, New Jersey, New York, Pennsylvania, South Carolina, Texas, Virginia, Washington, and Wisconsin) have civil commitment laws, as does the District of Columbia. Convicted sex offender examinees are in fact ordered by the court of record to participate in post-conviction testing, and participation or lack thereof is a matter of court record. Some courts di-rectly order polygraph testing during sentencing, some courts order offenders to follow the direc-tions of their supervising officer, and some courts modify sentences based on post-conviction testing results.

Post-conviction polygraph reports are reviewed by “an arm of the Court” (U.S. v. Saxena, 2000). Although some may argue that post-conviction examinations are not used as evidence in Court, the “recipients of the examination results are technically court officials since the officer works on behalf of the court” (K. English, personal communication, May 22, 2007). Although “it is more common that the informa-tion from the polygraph examination triggers the supervising officer to increase surveillance or con-tacts with family members to investigate ‘red flags’ that surfaced during the examination” (K. English, personal communication, May 22, 2007), the like-lihood of testimony on post-conviction testing ex-ists, just as it does in evidentiary testing. Some will argue that evidence in a post-con-viction hearing is held to a standard of prepon-derance of evidence, while evidentiary tests must meet the reasonable doubt standard. Evidentiary exams are used in civil and criminal proceedings. Post-conviction polygraph exams range from re-vocations to sentence modifications to civil com-mitment, and evidence used in these proceedings must meet both thresholds.


Some will argue that post-conviction examina-tions are not evidentiary because they are not sin-gle-issue examinations. It is this author’s belief that any multiple-issue situation can be addressed in a single-issue test, either by using exploratory and then single-issue tests or by prioritizing and focus-ing on the most important issue.

Court RulingsThe use of post-conviction examinations has been appealed by several defendants and the following provide only a sample: In U.S. v. York (2004), the 1st Circuit Court af-firmed sentencing conditions that included post-conviction polygraph. Lennell York Jr. was incarcer-ated on a sexual offense and while in prison mailed a threatening letter. He admitted this to the FBI, pleaded guilty, and was consequently ordered to participate in sex offender treatment and to sub-mit to periodic polygraph testing. York appealed these conditions based on several arguments, one of which was that the polygraph is an “inherently unreliable and thus unreasonable means of ensur-ing compliance with supervised release conditions.” Quoting from U.S. v. Scheffer, York pointed to the Supreme Court’s acknowledgment that “there is simply no consensus that polygraph evidence is reliable.” The Court responded: “The United States does not deny that polygraph technology is of doubtful reliability, but it asserts that the poly-graph is nevertheless a useful tool for policing de-fendants’ compliance with conditions of supervised

release. Regardless of the device’s actual ability to detect lies, the government suggests, the polygraph provides an incentive for York to pursue his treat-ment program honestly because he may believe that if he lies about his progress, the polygraph will ex-pose him.” In Kansas v. Lumley (1999), the defendant ap-pealed a prison sentence that resulted from his un-truthful answer to a polygraph question regarding contact with a child. The appeal was denied with the judge finding that polygraph reliability was sufficiently robust to be acceptable for a parole or probation revocation hearing that requires a pre-ponderance of evidence instead of a standard of reasonable doubt. The same judge stated that the “sex offender community could not be maintained without polygraph.” In U.S. v. Lee (2003), the defendant appealed a condition of his release (polygraph), and the 3rd Circuit Court affirmed the conditions. In November 2000, Albert Lee was convicted in fed-eral court on charges of transportation of child pornography, possession of child pornography, and enticing a minor by computer to engage in sex. When Lee appealed his sentence, the Court stated, “We find that the polygraph condition is reasonably related to the protection of the public, as well as the rehabilitation of the appellant. The polygraph testing could be beneficial in enhancing the supervision and treatment of Lee.” In Jones v. Virginia (2003), the State Appeals Court affirmed a revocation based on failure to co-

A CASE STUDYAs a private and law enforcement polygraph examiner since 1980, this author has been summoned to court more than 100 times to testify as an expert witness in criminal and civil trials. Since 1992, he has testified un-der oath about post-conviction cases more than 30 times. The following is a true story of a post-con-viction case, offered only to describe why post-conviction testing should be conducted using validated methods that are explainable and defendable in court. Joe (name changed) was on probation for public indecency/child molestation, as his in-stant offense involved exposure to two young girls at a public swimming pool. His initial sen-tence made no mention of polygraph, and his special conditions of probation included sex offender specific treatment. The treatment pro-gram Joe entered required polygraph testing during evaluation and treatment. When first evaluated by a treatment provider, Joe admitted that pre-conviction

he had exposed himself in public “only to adults” regularly over an extended peri-od and claimed that exposure to children during the Instant Offense was an “acci-dent.” When he was referred to me for his initial examination, the validity of this claim seemed of greatest importance because his sentence allowed him to live with his wife and ado-lescent children, whom of course had ado-lescent friends. This was established as the relevant issue at the inception of the pre-test interview, and Joe made no modification to his claim that, since an adult, his only un-derage victims had been the victims of the Instant Offense. Before testing, “underage” was defined as “under 17,” and “adult” was defined as “21 and over.” In the Instant Offense Disclosure Test, us-ing a three-question Utah Zone format, the relevant questions were: Since an adult, have you exposed your sexual organs to any underage person you have not told me about?

s MCT illustration by Mark Hoffer/Fort Worth Star-Telegram

Some may argue that post-conviction tests are not evidentiary be-cause they are not part of a pending judicial proceeding. But post-conviction tests are a result of an ongoing judicial proceeding that continues until the sentence has been served, in full. Then there is a possibility of civil commitment.”


operate with post-conviction polygraph. In 2000, Sylvester L. Jones was convicted of taking indecent liberties with a child and given a split 5-to-3 sen-tence; his probation was revoked when he refused to cooperate with a polygrapher. “The defendant initially answered the polygraph examiner’s ques-tions, but he ‘basically just froze up’ when the ex-aminer asked questions about his involvement in an attempted abduction of an 11-year-old, which occurred during his probation. The defendant re-fused to answer further questions and ‘said that he thought he needed to talk to an attorney.’” The test was immediately stopped and never completed. His probation was revoked for a portion of the remain-ing sentence. In his appeal, Jones argued that he was asking for an attorney to be present, and the court stated that the right to counsel did not ap-ply to non-custodial interviews. In U.S. v. Dotson (2003), Dotson argued sen-tencing conditions, and they were affirmed by the 4th Circuit Court of Appeals in North Carolina. Robert Morris Dotson Jr. pleaded guilty to attempt-ing to receive a child pornography videotape in commerce after a postal inspector posed as a por-nography peddler and Dotson ordered child por-nography videos. The court ruled that “the use of a polygraph test here is not aimed at gathering evi-dence to inculpate or exculpate Dotson. Rather, the test is contemplated as a potential treatment tool upon Dotson’s release from prison—as witnessed by the district court’s direction that the results of any polygraph testing not be made public.”

In U.S. v. Wilson (1998), the 6th Circuit Court affirmed post-conviction polygraph and stated that polygraphs are “tools to help the probation officer monitor defendants’ rehabilitation and compliance with release conditions.” In State v. Travis (1994), the court found that while the defendant’s agreement to a probation condition requiring him to submit to a polygraph examination did not establish admissibility of the results, the defendant’s probation was subsequently revoked for non-compliance. In U.S. v. Zinn (2003), the 11th Circuit U.S. Court of Appeals ruled in support of court-or-dered polygraph. In a child pornography case, Karl P. Zinn was in possession of more than 4,000 images of child pornography stored on computer diskettes and compact disks. Zinn pleaded guilty and appealed post-conviction polygraph obliga-tions. In its ruling the District Court stated, “[T]he results of the polygraph examination may not be used as evidence in court to prove that a viola-tion of community supervision has occurred but may be considered in a hearing to modify release conditions.” In Kansas v. Foster (2006), the defendant argued that his civil commitment was based on a psycho-logical evaluation report that noted polygraph examinations taken while in sex offender specif-ic treatment. The Kansas Supreme Court over-turned the commitment of the defendant, ruling that polygraph evidence is inadmissible in Kansas commitment proceedings, because the standard of

Since the age of 21, have you exposed your sexual organs to any underage person you have not told me about? Besides the two girls at that pool on XXX, since an adult, have you exposed your sex-ual organs to an underage person? While I use at least three other formats, the Utah has become my favorite post-convic-tion format because of its simplicity, because the rotation of questions in each chart keeps things fresh, and because the between-chart dialogue can be quite productive. “(T)he Utah PLT was created by psycholo-gists and founded upon known and proven principles of psychology and psychophysi-ology” (Raskin and Honts, 2002). Joe was deceptive on this examination, and in the post-test interview, he admitted that in his sexual history, he had exposed himself to children more than adults “probably over 50 times” in the year prior to his arrest. He also described frequent cruising in his car, look-ing for a target, and masturbating in public.

My report was sent to probation and treat-ment, and the provider requested that Joe move away from his daughters. Joe refused to move until he was threatened with a vio-lation. I testified about his admissions in his modification hearing, and his sentence was modified to prevent him from living with his family and from having unsupervised contact with any underage person, including his own children. A year and a half later, at the inception of Joe’s fourth maintenance test, he immediately offered to me that since last tested he had violated his probation by going to a public park “to see if treatment is working, to see if my urges would come back, but nothing happened—what if my mind plays tricks on me and I confuse thinking with doing?” I immediately assured him that the upcom-ing test would be focused on his physical and not mental activities since the preced-ing test had clearly defined “sexual contact,” as “hands-on or hands-off” behavior with another person. He made no further admis-

sions, other than that he was unemployed, living in a shelter for free, and driving a car loaned to him by that shelter. I again used a single-issue Utah Zone three-question version format and asked these Relevants: Since your last test, have you had sexual contact with anyone younger than 17? Since XXX, have you had sexual contact with an underage person? Since your last test, have you had sexual contact with an underage person?

The Comparison questions follow: Since your last test, have you lied to an authority? Since your last test, have you lied to a le-gal authority? Since your last test, have you lied to any-one you consider an authority?

Between-chart stimulation and question re-view in the Utah Technique has been shown to dramatically decrease the false negative

Some will argue that post-conviction ex-aminations are not evidentiary because they are not single-is-sue examinations. It is this author’s belief that any multiple-is-sue situation can be addressed in a single-issue test, either by us-ing exploratory and then single-issue tests or by prioritizing and focusing on the most important issue.”


proof in that state is beyond a reasonable doubt, and civil commitment hearings could lead to loss of freedom. In U.S. v. Taylor (2003), the 11th Circuit Court found that polygraph testing is useful in promot-ing the treatment of sex offenders because “proba-tioners fear that any false denials of violations will be detected.” Although these legal rulings show no universal acceptance of post-conviction polygraph for evi-dentiary purposes in a court of law, the fact that post-conviction polygraph is constantly under the scrutiny of the court and can become part of the evidence used in court should convince post-con-viction polygraph examiners to conduct examina-tions in the best possible manner.

ConclusionThis article has shown that post-conviction sex of-fender testing can be conducted with lower stan-dards and a higher error rate or with higher stan-dards and a lower error rate. Which route is taken is a matter of decision and not necessity. From a community safety perspective, the importance of optimal post-conviction examinations is undeni-able, and in this author’s opinion, the likelihood of going to court only increases the importance. A vital tool in the community supervision of of-fenders for almost 40 years, post-conviction poly-graph is, in this author’s opinion, “a giant step in the evolution of polygraph. That step can be forward, towards general acceptance in the scientific com-

munity, or backwards, towards who knows what” (Blackstone, 1998). Highly accurate and validated techniques are available for post-conviction testing today, and new, customized techniques—based on validated principles—will be available tomorrow. While legal rulings to this date show no absolute acceptance of post-conviction polygraph, the fact of the matter is that a post-conviction polygraph has the same likelihood of showing up in a courtroom as any other. It is this author’s opinion that every ex-amination should be conducted as though it were headed for the Supreme Court. If only one in one million post-conviction examinations makes it that far, that one test will have more impact on the poly-graph profession that all of the others combined.

References Abrams, S., & Ogard, E. (1986). Polygraph surveillance of probationers. Polygraph, 15, 174–182. Ahlmeyer, S., Heil, P., McKee, B., & English, K. (2000). The impact of polygraphy on admissions of victims and offenses in adult sexual offenders. Sexual Abuse: A Journal of Research and Treatment, 12, 123–138. Argenbright International Institute of Polygraph: Atlanta, GA. (1998). Test Question Construction. Basic school training manual, 4–5. Bureau of Justice Statistics (BJS). (2005). Probation and Parole Statistics. U.S. Department of Justice, Office of Justice Programs. Blackstone, K.E. (1998). Polygraph surveillance in proba-tion and parole. Manual written for Stone Mountain Judicial Circuit. Center for Sex Offender Management. (2000). Community Supervision of the Sex Offender: An Overview of Current and Promising Practices. Office of Justice Programs, U.S. Department of Justice.

rate (54%) and the false positive rates (2.9%) (Handler, 2007). The between-chart dia-logue with Joe was quite enlightening. After the second chart, he offered that instead of “testing my urges,” he had been bored, watched an adult movie on cable (provided by the shelter), went cruising, and “wound up at the park-just sitting there.” Joe also said, “I didn’t tell my PO about going to the park; I know you think that is a lie.” I then modified each comparison ques-tion with an OT (other than what you have said) and asked, “Do any other questions need to be modified?” He said “the other questions are okay. I only fantasized, and it wasn’t about anyone in particular ... I just needed to get that out.” After the third chart, the score was -2 (in-conclusive). Joe and I talked a little more, and two more charts were generated. (This is another reason I like the Utah.) By the end of the fifth chart, Joe had admitted to going to the park at least 15 times since the preceding test under similar circumstances (boredom, pornography, cruising).

The final score was -13, making the final call Deception Indicated. In the post-test, Joe admitted to “lying to his therapist and group” about fantasies and continued to deny any “physical” sexual contact with an underage person at the park or anywhere else. He then added that he masturbated “most of the times I went to the park” and said that he sometimes focused on a particular young female “between 10 and 12, but she didn’t see me.” Joe was arrested on violation of his pro-bation and held in the county jail—because of his admission of going to the park and masturbating in public. Subpoenaed to his revocation hearing, I found that Joe was claiming that I had threatened and tricked him into confessing something he had not done. A video of the full examination was entered into evidence as proof that the pre-test was non-accusatory, Joe’s admissions were voluntary, and the examination was done correctly. When I testified that I used the Utah Technique because of its accuracy and his-

tory of being quoted from research (Raskin and Honts, 2002; Handler, 2007), the pros-ecutor asked if all post-conviction examiners felt as strongly as I when it came to the need for reliability. I answered, “I should hope so.” This was an interesting hearing, because Joe had chosen to hire another polygra-pher and had himself tested while he was in jail, I think hoping to get a bond. He was non-deceptive on that test but did not get a bond. During my cross-examination, the defense attorney asked how I felt about the “independent” examination his client had taken and suggested that the difference in result was indicative of the unreliability of polygraph. I replied that if one person was tested twice about the same issue and both tests were done correctly, the results would be the same. I then offered that the rele-vant questions asked by the other examiner were unacceptable and explained: A rele-vant question is a question asked during a polygraph examination that pertains direct-ly to the issue at hand (allegation/purpose

While legal rulings to this date show no abso-lute acceptance of post-conviction polygraph, the fact of the matter is that a post-conviction polygraph has the same likelihood of showing up in a courtroom as any other.”


Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993). 509 U.S. 579. English, K., Pullen, S., & Jones, L. (Eds.). (1996). Managing adult sex offenders: A containment approach. Lexington, KY: American Probation and Parole Association. English, K., Jones, L., and Patrick, D. (2002). The polygraph plays a key role as a containment tool for convicted sex offenders in the community. Polygraph, 31(4), 240–253. Frye v. United States. (1923). 293 F. 1013 (D.C. Cir.). Handler, M. D. (2006). Utah probable lie test. Poly-graph, 35(3), 139–148. Human Rights Watch. (2007, September). No easy answers sex offender laws in the U.S. Human Rights Watch, 19(4G), 3-4. Jones v. Virginia. (2003). http://www.courts.state.va.us/opinions/opncavwp/2637021.pdf Kansas v. Lumley. (1999). WL 218704. Keith, R. (2006, June 24). Illinois measure would move some from sex offender list. Associated Press. Krapohl, C. (2006). Comparison of evidentiary and investigative decision rules. Polygraph, 35(1), 55–62. Langan, P. A., & Levin, D. J. (2002). Recidivism of prisoners released in 1994. Washington, DC: U.S. Department of Justice. Bureau of Justice Statistics Bulletin. Langan, P. A., Schmitt, E. L., and Durose, M. R. (2003). Recidivism of sex offenders released from pris-on in 1994. Washington, DC: U.S. Department of Jus-tice. Bureau of Justice Statistics Bulletin. Retrieved from http:// www.ojp.usdoj.gov/bjs/pub/pdf/rsorp94.pdf Minnesota Department of Corrections. (2007). Sex offender recidivism in Minnesota – April 2007. Retrieved from www.doc.state.mn.us People v. Foster. (2006, Feb. 3). Case No. 91,324 Kan. Sup. Ct. Retrieved from http://www.kscourts.org/kscas-es/ctapp/2005/20050318/91324.htm

Raskin, D. C., & Honts, C. R. (2002). The com-parison question test. In M. Kleiner (Ed.) Handbook of Polygraph Testing. London: Academic. State v. Travis. (1994). 125 Idaho 1, 867 P. 2d 234. Stern, P. (1997). Preparing and presenting expert tes-timony in child abuse litigation. Sage Publications. Tennessee Bureau of Investigations Crime Statistics Unit. (2007). Recidivism study. Retrieved from http://www.timesfreepress.com/media/pdf/Sex_Offender_Re-cidivism_2007_8-14-07.pdf United States v. Dotson. (2003). 324 F.3d 256, 261 12 (4th Cir.). United States v. Lee. (2003). 315 F.3d 206, 213 (3d Cir.). United States v. Saxena. (2000). 229 F.3d 1, 5 n.1 (1st Cir.). United States v. Scheffer. (1998). 523 U.S. 303, 309 (1998). United States v. Taylor. (2003). 338 F.3d 1280, 1284 n.2 (11th Cir.).

United States v. Wilson. (1998). No. 98-5373, 1998 WL 939987, at *3 (6th Cir.). United States v. York. (2004). 357 F.3d 14, 22 11 (1st Cir.). United States v. Zinn. (2003). 321 F.3d 1084, 1089-90

14 (11th Cir.). (02-10782). n

About the Author

Kenneth Blackstone is a full member of the American Polygraph Association, the Georgia Polygraph Association, and the Florida Polygraph Association, a professional mem-ber of the Association for the Treatment of Sexual Abusers, a Diplomate of the American Board of Forensic Examiners, and a life member of the American College of Forensic Examiners Institute (ACFEI). He has been certified as a post-conviction examiner, as a forensic consultant, and recog-nized as an expert witness regarding the proper use of poly-graph in civil, clinical, and criminal testing settings with a focus on sexual offenses and post-conviction testing. With more than 27 years of experience as an examiner and ex-pert witness, Mr. Blackstone’s expertise is well respected.

of examination). Although I conceded that post-conviction examinations differed from “criminal exams” because there is seldom a pre-determined relevant issue for the ex-amination, the basic principles of question construction still applied. I then reviewed the relevant questions asked by the second ex-aminer: Did you expose yourself in that park for sexual enjoyment? Did you show yourself while in that park for sexual reasons? Did you go to that park to expose yourself for sexual gratification? I then quoted from a basic polygraph train-ing manual (Argenbright, 1998) these basic rules for construction of relevant questions: Ask questions that are clear, concise, and without ambiguity. Avoid asking questions about perceptions or intent. (This rule is frequently ignored in the testing of sexual offenders, and consid-ering the errant thinking common in sex of-fenders, it is a very important rule.)

Avoid asking compound questions. When multiple issues exist, determine the most serious offense. Focus on the action that describes the of-fense (hit, shoot, touch). Present a dichotomy so that examinee can answer yes or no. Avoid action verbs (kill, hurt, molest) that may be emotion provoking, judgmental, or from legal terminology. For example, a poorly-worded versus a properly-worded question would be the fol-lowing: “Did you stimulate that girl’s sexual organs for your or her sexual pleasure?” v. “Did you touch that girl’s sexual or-gans?”

The defense attorney changed the subject and implied that I had run five charts to “in-timidate” his client. I simply explained that proper procedure for the Utah format re-quires two additional charts if the first three

are inconclusive, and proper procedure for the Utah had been followed. When the defense attorney asked me to score the test given by the other examiner, I replied that scoring was a measurement of physiological response to questions being asked, and if the question was invalid, the response was invalid. The attorney asked why I was being defensive, and I continued to explain why ambiguous and compound questions with an action verb such as “show” and questions about intent, purpose, per-spective, and emotion were unacceptable. I then quoted from the APA Journal, “It is generally recognized that decision accuracy is degraded when multiple issues are present-ed in the same test, or as relevant questions become more ambiguous” (Krapohl, 2006). I also added that poorly written questions can lead to false positives as well as false nega-tives, and my main interest was in my pro-fession and how it can help the community as a whole. Joe’s probation was revoked for the remainder of his sentence. n



Computer Forensics

Terror on YouTubeThe Internet’s Most Popular Sites are Becoming Tools for Terrorist Recruitment

The terrorist presence on the Web concerned Homeland Security and Governmental Affairs Committee chairman Joe Lieberman (ID-Conn.) so much that he wrote a letter to Google chairman Eric Schmidt, urging him to remove from YouTube all videos with ties to terrorist organizations. In his letter, Lieberman wrote that terrorists use YouTube and similar sites to “disseminate their propaganda, enlist followers, and provide weapons training” and that they unintentionally “permit Islamist terrorist groups to maintain an active, pervasive, and am-plified voice, despite military setbacks or successful operations by the law enforcement and intelligence communities” (Senate Committee on Homeland Security and Governmental Affairs, 2008).

“Protecting our citizens from terrorist attacks is a top priority for our government,” Lieberman continued. “The private sector can help us do that. By taking action to curtail the use of YouTube to disseminate the goals and methods of those who wish to kill innocent civilians, Google will make a singularly important contribution to this impor-tant national effort.”

Many Terrorist VideosYouTube responded to Lieberman’s request by taking down some videos that the company said violated its policies on content. But The Forensic Examiner found that on June 18, weeks after the Lieberman initiative, many videos remained on YouTube that appeared to promote or affiliate with terrorist groups such as Hamas, Hezbollah, Al-Qaeda, and the Iraqi insurgency. One disturbing YouTube video featured Star Wars action figures recreating the beheading of American journalist Daniel Pearl. Though the actual Pearl ex-ecution is not on YouTube, it can easily be found elsewhere on the Internet. YouTube videos posted by supporters of the Iraqi insurgency show American soldiers being shot and flag-covered coffins en route to the United States. Other YouTube videos found by The Examiner included tributes to suicide bombers, propaganda promoting Hamas and Hezbollah leaders, and state-ments alleging that the U.S. is covering up its ac-tual casualties in Iraq. One cartoon image showed a bloody U.S. soldier caught in a mousetrap that featured the Iraqi flag. Osama bin Laden’s message praising the attacks of 9/11/2001 also can be found on YouTube.

Free Speech DebateLieberman’s plea re-ignited the nationwide debate about when—if ever—security should override free-dom. Civil libertarians ask: Terrorists on the Web pose a very real threat, but would harshly regulat-ing Internet content in an attempt to stop them do more harm than good? In his report “How Modern Terrorism Uses the Internet,” Gabriel Weimann (2004a, p. 2) states that security agencies have focused too much on potential acts of cyberterrorism (such as virus at-tacks and hacking) and have failed to widely address the more common ways terrorists use the Internet

s Above, typing “Iraqi resistance” into a YouTube search will reveal several videos sympathetic to or promoting the insurgen-cy in Iraq. The Iraqi videos show U.S. sol-diers being shot and flag-covered coffins of soldiers killed in the line of duty.

S ince its creation, the Internet has been viewed as a symbol of de-mocracy and free speech, a tool for communicating, networking, and learning. But there is a dark side to the unregulated sprawl of the World Wide Web, and it doesn’t take a computer forensics expert to

find it. The very same features that make it convenient for the average user to socialize with friends or research for a school paper are now being used by terrorist organizations to recruit, raise funds, and attract a whole new genera-tion of supporters.

By Ingrid Caldwell


every day. Although cyberterrorism is a real threat that needs to be handled seriously, terrorists more commonly use the Internet to recruit new support-ers, mobilize current supporters, raise funds, find information on potential targets, and wage cam-paigns of intimidation and disinformation. Weimann (2004a, p. 2) states that in 1998, “around half of the 30 organizations designated as ‘Foreign Terrorist Organizations’ under the U.S. Antiterrorism and Effective Death Penalty Act of 1996 maintained Web sites; by 2000, virtually all terrorist groups had established their presence on the Internet.” Modern terrorist organizations have changed with the times, operating more like a PR-savvy corporation than a stereotypical bunch of nomads hiding in a back room. One of Hezbollah’s sites tar-gets international journalists directly and encour-ages them to contact the organization’s press office (Weimann, 2004a, p. 4). According to Weimann, Web sites maintained by terrorist groups use similar methods of propaganda, aiming their messages at current and potential members, the global public, and citizens of enemy states in order to gain sym-pathy and financial support. “Typically, a (terrorist organization) site will pro-vide a history of the organization and its activities, a detailed review of its social and political back-ground, accounts of its notable exploits, biographies of its leaders, founders, and heroes, information on its political and ideological aims, fierce criticism of its enemies, and up-to-date news,” said Weimann in his report. “Despite the ever-present vocabulary of “the armed struggle” and “resistance,” what most sides do not feature is a detailed description of their violent activities” (p. 4). Using sophisticated rhetorical methods, online terrorists attempt to convince their audiences that their violent acts are necessary to achieve “greater peace,” that they have no other choice. Their tac-tics are undeniably successful: Since Sept. 11, nu-merous threats of big attacks on U.S. soil have ap-peared on al Qaeda’s Web site, and while none of these threats came into fruition, they attracted sig-nificant media attention and managed to perpetu-ate the nationwide feelings of fear and insecurity that arose post-9/11. In a 2003 speech, former Secretary of Defense Donald Rumsfeld read the following passage from an al Qaeda training manual recovered in Afghanistan: “Using public sources openly and without resorting to illegal means, it is possible to gather at least 80 percent of all information re-quired about the enemy” (as cited in Weimann, 2004b). “Public sources,” of course, refer primar-ily to the Internet, where the average user can find anything from maps of the New York subway sys-tem to commercial flight schedules to the current whereabouts of a particular U.S. politician—all without sacrificing anonymity.

s Above, Hamas leaders are promoted in a YouTube video.

Left, this cartoon is taken from a YouTube video celebrating the “Iraqi re-sistance.” Several videos feature scenes glorifying the death and injury of U.S. troops fighting in Iraq.

t Sen. Joe Lieberman of Connecticut has spoken out against Web sites that publish messages and recruit-ing tools from known terrorist groups.

t Former Secretary of Defense Donald Rumsfeld said in 2003 that terrorists can be tracked through their activity on the Internet.


Because there is no question that terrorists use the Internet every day to further their plans, the solution seems fairly straightforward: shut down their sites, take their videos off YouTube, closely monitor their chat rooms, and censor their blogs and news articles. But, as Dan Gillmore, a panelist at the 2005 International Summit on Democracy, Terrorism, and Security in Madrid, pointed out, it’s often more complicated than that. In some countries, the line between terrorist rebellion and legitimate political dissent is hard to distinguish, and heavy regulation of the Internet could actually backfire and endanger innocent people. “We believe that an attempt to end anonymity would be highly unlikely to stop a determined ter-rorist or criminal of any kind, but it would certain-ly have a deeply chilling effect on political activity in places where speaking one’s mind is dangerous and where certain kinds of unpopular speech could jeopardize someone’s livelihood or perhaps life,” Gillmore said (as cited in Ito, 2005). Another case for a free and open Internet rests on the idea that it is best to keep enemies in plain sight. As long as terrorist organizations uphold their presence on the Web, it is possible to keep track of their whereabouts, plans, and new campaigns. Rebecca MacKinnon, also a panelist at the 2005 summit, argued that the general public can play a useful role in the fight against terrorism—keeping a watchful eye on those corners of the Web that secu-rity agencies are not able to monitor constantly. “Terrorism is a problem of armies, it is a prob-lem faced by police forces, but it is also a problem faced by ordinary citizens everywhere,” she said. “The best way to combat terrorism is to involve the general public in that fight and the best way to do that is though the open Internet” (as cited in Ito, J, 2005). On May 8, 2008, the Senate Committee on Homeland Security and Governmental Affairs re-leased a report, “Violent Islamist Extremism, The Internet, and the Homegrown Terrorist Threat,” detailing the threat of terrorists on the Internet. Authored by Lieberman and Ranking Minority Member Susan Collins (R-Maine), the report calls on federal agencies to unify their scattered attempts into a single, comprehensive plan for responding to the terrorist web presence. “Despite recognition in the National Implementation Plan (NIP) that a comprehensive response is needed, the U.S. government has not developed nor implemented a coordinated out-reach and communications strategy to address the homegrown terrorist threat, especially as that threat is amplified by the use of the Internet,” Lieberman and Collins (2008, p. 16) wrote. The committee’s report proposes no specific so-lution but stresses the immediacy of the problem, concluding that the “use of the Internet by al-Qae-

Top, Osama bin Laden praises the terrorist attacks of 9/11/2001 in this video available on YouTube. Above middle, an Iraqi “resistance” video features flag-draped coffins of U.S. troops. Above, Hezbollah leader Hassan Nasrallah is prominent featured in a pro-Hezbollah video on YouTube.


da and other violent Islamist extremist groups has expanded the terrorist threat to our homeland. No longer is the threat just from abroad, as was the case with the attacks of September 11, 2001; the threat is now increasingly from within, from homegrown terrorists who are inspired by violent Islamist ide-ology to plan and execute attacks where they live. One of the primary drivers of this new threat is the use of the Internet to enlist individuals or groups of individuals to join the cause without ever affili-ating with a terrorist organization” (Lieberman & Collins, 2008, p. 15). Because complete censorship is difficult and dan-gerous, perhaps what we need to do is not regulate but reign in the Internet as a tool—not impose heavy restrictions, which could hurt everyone, but utilize the freedom and global connection provided by the Internet to further the goals of democracy and peace. “The fundamental democratic values that are embedded in the architecture of the Internet are the same fundamental democratic values that will enable us to defeat terrorism,” said Andrew McLaughlin, head of Global Public Policy and Government Affairs for Google, Inc., at the 2005 summit. “They are openness, they are participation, they are distribution of authority, accountability; these are the essential features of the Internet, and if we view this medium properly, we can see that it is in fact the best ally that we have in fighting the scourge of terrorism.”

References Ito, J., moderator. (2005, March 10). Democracy, Terrorism

and the Internet. International Summit on Democracy, Terror-

ism and Security. Retrieved June 9, 2008, from http://english.

safe-democracy.org/keynotes/democracy-terrorism-and-the-

internet.html#transcrip

Lieberman, J., and Collins, S. (2008, March 8). Violent Isla-

mist extremism, the Internet, and the homegrown terrorist threat.

Senate Committee on Homeland Security and Governmental

Affairs. Retrieved June 9, 2008, from http://hsgac.senate.gov/

public/_files/IslamistReport.pdf

Senate Committee on Homeland Security and Governmental

Affairs. (2008, May 19). Lieberman calls on Google to take down

terrorist content. Senate Committee on Homeland Security and

Governmental Affairs. Retrieved June 8, 2008, from http://

hsgac.senate.gov/public/index.cfm?Fuseaction=PressReleases.

Detail&PressRelease_id=8093d5b2-c882-4d12-883d-5c670d

43d269&Month=5&Year=2008&Affiliation=C

Weimann, G. (2004a, March). How modern terrorism uses

the Internet. U.S. Institute of Peace. Retrieved June 10, 2008,

from http://www.usip.org/pubs/specialreports/sr116.html

Weimann, G. (2004b, April 30). Terrorism and the Internet.

Computer Crime Research Center. Retrieved June 8, 2008, from

http://www.crime-research.org/news/30.04.2004/254/ n

s Top, in this “Iraqi resistance” video on YouTube, a gun sight crosshairs drifts across the screen. It eventually settles over the forehead of President Bush. Above middle, Hezbollah leaders and militaristic themes are featured in this YouTube video. Above, one YouTube video, posted by a New York taxicab driver who declares himself an Islamic revolutionary, recreates the beheading of journalist Daniel Pearl, using Star Wars action figures.


Falsely Accused

Truth in JusticeOrganization Uses Web Site to Fight for Rights of Wrongly Accused

A 19-year-old woman had been beaten, mur-dered, and left atop a burning bed in an Appleton, Wisconsin, apartment. The man suspected of kill-ing her had already been charged with the attempted rape of a woman who looked strikingly like the mur-der victim, and in another sexual assault of which he was suspected, a bed had been set ablaze. A criminal profiler studied the case and pro-claimed it to be a “disorganized sex crime,” even though the victim had not been sexually assaulted. The expert’s opinion seemed to solidify the circum-stantial case. Berry and her colleagues went to the assistant district attorney who was in charge of the case and told him he should prosecute because he could win an easy conviction. His response surprised them. “Is that what you think it’s about?” the assistant DA asked. Though the circumstances strongly pointed to guilt, the evidence wasn’t there.

Five years passed, and the unsolved case nagged at Berry. She was working in the Winnebago County, Wisconsin, district attorney’s office when she learned of a rapist who had gone to the same school as the victim. She called the Appleton po-lice department in an attempt to get investigators to consider the new suspect. An officer told her he already knew who committed the murder, and the man was already in prison for another crime. Tunnel vision afflicted him. The real murderer later wound up implicating himself when he spoke about the killing. He was a burglar who panicked when the victim had re-turned to the apartment. He killed her, and then he set the bed ablaze. Berry knew that if not for the wise assistant DA, she could have become involved in prosecuting an innocent man. Her journey to becoming a crusader for the in-nocent had begun. Along the way, Berry’s conviction was bolstered by her dealings with a corrupt prosecutor who was apparently more interested in scoring politi-cal points than in finding truth and justice. And she went on to write a book about a case where she believes a woman went to prison for a murder she did not commit. Berry today is an author, investigator, and a tireless advocate for those she believes to be inno-cent. From her home in Richmond, Virginia, she and her husband, Doug, run a Web site, www.TruthInJustice.org, to shine light on cases of wrongful imprisonment. The site doesn’t have much in the way of cut-ting-edge video and graphics. What it contains are more then 1,600 pages of materials, much of it culled from news organizations. The Berrys scour through the Internet every day to find compelling stories of men and women who have been unjust-ly convicted. Thanks to prosecutorial tunnel vision, there is no shortage of cases for Truth In Justice to tackle. The “Recent Cases” link features more than 300 people who have been exonerated and freed after having been wrongly convicted. The site has drawn the attention of broadcast news network producers, including those at CBS and NBC, who seek stories about the falsely ac-cused for news programs such as 60 Minutes. “One

s Sheila Berry stands beneath a micro-phone as she waits to be interviewed by the 48 Hours TV news magazine. Photo by Doug Berry.

Sheila Berry has been transformed by the American criminal justice system.As a victim/witness coordinator, she experienced “tunnel vision” in 1985, regarding a murder case that seemed a slam dunk to her col-leagues in the prosecutor’s office.

By John Lechliter, Editor in Chief


s A screen capture of the Truth in Justice webpage.

producer called it one-stop shopping for news mag-azines,” she said.

Causes of Bad ConvictionsBerry cites tunnel vision as one of the chief causes of wrongful convictions. Often, she says, pros-ecutors develop an emotional attachment to the theory they have developed. Their work becomes more focused on proving the theory true rather than finding the truth. “Some prosecutors get to the point where they are not trying a person—they are trying a theory,” Berry said. “They develop a very personal relation-ship with their theory. They will not let go of it.” This attitude may make it hard for a prosecu-tor to let go of a theory even when evidence to the contrary is produced. Everything that supports the theory is accepted while everything that “doesn’t fit” with the theory is dismissed. “Junk science” is also a problem that contrib-utes to wrongful convictions, according to Berry. Forensic expert witnesses can be motivated to pro-vide the information that the prosecutor wants to hear, and some may develop forensic techniques or methods of analysis that do not stand scien-tific scrutiny. She cited one recent case where a forensic expert testified in a trial that the defendant had been posi-tively identified by the ear print he left at the crime scene when he had pressed his ear to a door to listen to what was going on inside. The jury bought the testimony and convicted the man, but the convic-tion was overturned on appeal. Berry says there has been much talk in recent years about the “CSI effect” on cases. The theory goes that jurors have been conditioned by watch-ing such TV forensic shows as “CSI” into expecting that in order to prove guilt there must be high-tech evidence presented, such as DNA analysis. “They

talk about the ‘CSI effect,’ but that is just a myth,” Berry said. “People are still willing to believe what-ever experts tell them.” Forensic testimony is powerful, Berry said, and forensic experts must hold themselves to the highest of standards in order to avoid becoming a contrib-uting factor to a miscarriage of justice. “Maintain your objectivity,” Berry urges forensic experts. “Stay honest and ethical. Don’t take shortcuts.” She then quoted Plato, who said, “Science with-out virtue is immoral science.”

Arson CasesAmong the biggest areas producing wrongful con-victions are arson investigations, Berry said. She said there is often pressure to consider arson in cases where someone is killed and there is a sur-vivor to blame. The very nature of arson implies


that some forensic evidence would have been destroyed in the fire. Fire crime scenes can be difficult to inves-tigate, leaving much emphasis on the biases and opinions of the fire investigator. The Truth in Justice Web site reports that there are 500,000 structure fires overall a year; 75,000 of them are labeled suspicious. A page on the Web site states: “John Lentini, who has campaigned widely to improve investi-gators’ knowledge, says most experts he talks with believe the accuracy of fire investigators is at best 80%—meaning as many as 15,000 mistaken investigations each year, and who knows how many convictions.” In 2000, Berry helped to form the Tetrahedron Committee, named after the chemical symbol for fire. The committee now includes 20 arson experts, who volunteer to review arson cases. The information they gather is shared with attorneys or innocence projects involved with arson cases. Berry acts as a facilitator for the commit-tee, taking in evidence, burning CDs, and distributing information to the parties who need it.

Forensic Experts Can HelpForensic experts of all kinds can volunteer through Truth in Justice to help wrongfully accused people avoid or be released from pris-on. Keeping the wrong person out of prison can often help bring justice to the real guilty parties, which in turn can save lives. Berry said that forensic experts can volun-teer their services by sending her an e-mail through the www.TruthInJustice.org Web site. Some who volunteer may be contacted immediately with a case to help with, while others may not hear back for some time, de-pending on the nature of the caseload.

Whether or not they volunteer, Berry urged forensic experts and those in the criminal jus-tice system to consider the growing number of cases that have been overturned by DNA evidence. No nation has a perfect justice sys-tem, but evidence has been mounting in re-cent years that wrongful convictions occur at a disturbing rate in the United States. All who are involved in a criminal justice case are charged with finding truth. Without truth, Berry says, there can be no justice. n

About the Author

John Lechliter is the editor in chief of The Forensic Examiner. He has had a 20-year career as a newspaper edi-tor. He has also worked for the U.S. House of Representatives and was a member of the 1991 Kansas Select Committee on Ethical Conduct in the Kansas Legislature. He has pub-lished two history books. Contact him at [email protected].

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