What is a Cold Case and How are

What is a Cold Case and How are They Solved Jason Moran 11/29/18

National Police Foundation Advancing Policing Through Innovation and Science Webinar Speaker Jason Moran President of JEMM Consulting, LLC 1

National Police Foundation Advancing Policing Through Innovation and Science Webinar Objectives Ø Positive affects on families and communities Ø Individuals contemplating violent acts, individuals engaged in organized criminal activities, and those who have committed violent crimes must understand they will be pursued until they die Ø Benefits of bringing a cold case to a “contemporary status” Ø It is no longer an option to allow these types of cases to fade away as they collect dust on a shelf or in a storage room 2

National Police Foundation Advancing Policing Through Innovation and Science What is a Cold Case? ? ? Ø Most people think about an old unsolved murder when they hear the term cold case Ø Unresolved or long-term Ø Arbitrary amount of time Ø When all investigative leads have been exhausted These definitions are not incorrect, but the idea that the term “cold case” only pertains to homicide is false. 3

National Police Foundation Advancing Policing Through Innovation and Science What is a Cold Case? ? ? Ø Ø Missing Persons Unidentified (Deceased) Persons Undetermined Deaths (Manner only) Criminal Sexual Assaults* These types of cases, like homicide, can never close unless the victim(s) and offender(s) have been identified. A missing person must return or be located (alive or deceased), the John/Jane Doe identified, and a cause and manner of death established. 4

National Police Foundation Advancing Policing Through Innovation and Science What is a Cold Case? ? ? *The exception to this idea is Criminal Sexual Assault cases that have statutory limitations and requirements. This idea is supported by some state legislatures pausing or extending the statute of limitations on cases that contain biological evidence. Note: “Forming a Cold Case Unit and Unit Expectations” will be the focus of future trainings 5

National Police Foundation Advancing Policing Through Innovation and Science How Big is the Problem? ? ? Ø According to the Federal Bureau of Investigation’s 2017 Uniform Crime Report, when considering clearances of violent crimes, 61. 6% of Murders and 34. 5% of Criminal Sexual Assaults were cleared. Ø The National Institute of Justice has reported on the “Nation’s Silent Mass Disaster” describing the more than 100, 000 active missing person cases and more than 40, 000 sets of unidentified human remains in the United States. 6

National Police Foundation Advancing Policing Through Innovation and Science How Big is the Problem? ? ? Ø According to the most recent statistics from the Centers for Disease Control and Prevention, in the United States, approximately 5% of all deaths have an Undetermined Manner (of Death). Note: “Forming a Cold Case Unit and Unit Expectations” will be the focus of a webinar in January 2019 7

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 1. Leverage Forensic Science and Technology (This is all about using processes not available to our predecessors) Ø Locating evidence and submitting the evidence to a lab for testing or resubmitting evidence previously submitted, but that provided limited data – DNA Ø FBI’s Next Generation ID (NGI) system – fingerprints and other biometrics 8

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 1. Leverage Forensic Science and Technology (This is all about using processes not available to our predecessors) Ø NIJ’s National Missing and Unidentified Person System (Nam. Us) Ø FBI’s Violent Criminal Apprehension Program (Vi. CAP) 9

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 1. Leverage Forensic Science and Technology (This is all about using processes not available to our predecessors) Ø National Center for Missing and Exploited Children (NCMEC) Ø National Crime Information Center (NCIC), specifically “offline searches” 10

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 1. Leverage Forensic Science and Technology (This is all about using processes not available to our predecessors) Ø Phenotyping and Genealogy are two of the newest forensic methods that will be used more often “Using Science in Investigations” will be the focus of a future Cold Case webinar in 2019 11

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 2. Recognize Relationship Changes and the Passage of Time (Sometimes the passage of time hurts a case, but sometimes it can help) Case Review and Analysis WITNESSES Relationship Changes 12

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 2. Recognize Relationship Changes and the Passage of Time (Sometimes the passage of time hurts a case, but sometimes it can help) Case Example #1 – the former gang member Case Example #2 – the ex-wife or girlfriend They may be waiting for that knock at the door 13

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 2. Recognize Relationship Changes and the Passage of Time (Sometimes the passage of time hurts a case, but sometimes it can help) Primary Pitfall – the witness can tip off the suspect, and you will lose the benefit of surprise with your suspect 14

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 3. Exploit Information in Correctional Systems Case Review and Analysis Ø Suspect(s) may have been locked up for the same or similar crimes – they may be in custody Ø Monitoring Outgoing Jail Calls (conventional) Ø Use of Sources of Information and/or Confidential Informants (conventional) Ø *Suspect’s former or current cellmates – this can lead to a possible criminal overhear *contact your local prosecutor’s office to discuss this option 15

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 3. Exploit Information in Correctional Systems Primary Pitfall – the source of information, confidential informant, or inmate can tip off the suspect - you will lose the benefit of surprise with your suspect 16

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 4. Identify Investigative Errors (There are reasons why these types of cases were not solved the first time around) Ø Locate these errors and determine if they can be resolved +establishing a suspect too early in the investigation (Pyramid Technique) +incomplete canvasses/lack of follow through +revisit the scene to locate additional evidence 17

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 4. Identify Investigative Errors (There are reasons why these types of cases were not solved the first time around) Ø Obtain necessary resources through training Ø Do not be hesitant to reach out for help from other agencies, organizations, and/or individuals that have had investigative successes A new “set of eyes” can change the status of these cases to “cleared and closed. ” 18

National Police Foundation Advancing Policing Through Innovation and Science How are they Solved? 5. Persistence (It is often said that it is better to be lucky than to be good) Ø These cases will not be resolved unless we take a chance and begin reviewing them Ø Even if not resolved, bringing these cold cases to a “contemporary status” is law enforcement’s responsibility Ø We cannot continue to leave these cases on a dark, dusty shelf – it is wrong for the victims, victim’s families, and our communities. Ø Do not give up and you may be surprised!!!! 19

National Police Foundation Advancing Policing Through Innovation and Science Point of Clarity (Many of the cold cases we will investigate are homicides) “Heavy motive, altercation homicides” vs. “who dun it homicides. ” Ø All death investigations should be investigated the same way at the beginning Ø Most cold homicides have clearly defined motives and are typically solved utilizing conventional forensic methods, along with the items listed in this presentation like relationship changes (witnesses), information gained from correctional institutions, identifying errors and persistence 20

National Police Foundation Advancing Policing Through Innovation and Science Point of Clarity (Many of the cold cases we will investigate are homicides) “Heavy motive, altercation homicides” vs. “who dun it homicides. ” Ø “Who dun its” are typically solved through advanced forensic methods like DNA and databases at first. Then more conventional investigative methods may be used. “Cold Case Solvability Matrix” will be the focus of future trainings 21

National Police Foundation Advancing Policing Through Innovation and Science Closing Thoughts Ø A person that went missing or was murdered many years ago is no less important than the one that goes missing or is murdered today. Ø Families of long-term missing persons are some of the saddest people that we could meet. The reason is they live in a cruel limbo where they agonize over the fate of their loved one and are desperate for answers. 22

National Police Foundation Advancing Policing Through Innovation and Science Questions? Jason Moran, JEMM Consulting, LLC jmoran@jemm. us (708) 372 -8534 National Resource and Technical Assistance Center for Improving Law Enforcement Investigations (NRTAC) centerforimprovinginvestigations. org crimegunintelcenters. org 23