Impossible Things Before Breakfast, 2

Last week, I wrote about a 1997 case of where a victim appeared to have committed a murder after she was killed. Impossible, it seemed, and so it was.

This week, we move to a crime wave that plagued parts of western Europe for a decade and a half. In 2009, authorities offered an reward of €300 000 ($415 000) to bring the perpetrator– a woman– to justice.

German police, and later French and Austrian investigators, captured the DNA of a woman with few clues to her identity other than she came from a Slavic bloodline. Female serial killers are not yet as common as male killers, but this one was criminally prolific, engaging in burglary, robbery, car theft, home invasion, drug dealing, and murder– including the slaying of a police woman, which ramped up the manhunt, or woman-hunt, if you will. European news media began to call her the Heilbronner Phantom– the Woman Without a Face.

Silver Blaze

Profilers from across Europe were asked to imagine the suspect. Heilbronn police estimate 16 000 hours of overtime went into tracking the elusive woman. Concern heightened again when German investigators found the same DNA in a car used to transport three corpses, followed by the execution of a policewoman, Michèle Kiesewetter, and the nearly fatal attack upon her partner.

One clue was like the Sherlock Holmes’ dog in the night-time: Although DNA cropped up in crime scenes surrounding the German state of Bavaria, none was discovered in Bavaria itself, a sign of omission. Whether that raised eyebrows of detectives isn’t known, but two subsequent crimes cast doubt on the Phantom’s identity.

The first flag came from a fire when officers sampled a male corpse… and turned up female DNA, that of their long-running suspect. Eye-witnesses had occasionally reported seeing a man at crime scenes– not a woman– but eye-witnesses are notoriously prone to errors of identification. Investigators resampled the deceased using different cotton swabs and came up with a different result– no female DNA.

The final nail in the theory followed a shootout with a neo-Nazi terror cadre that killed two men. At the death scene, detectives found police handcuffs belonging to Michèle Kiesewetter. The Phantom DNA did not match the only woman in the terrorist cell, Beate Zschäpe, which raised doubts that the attack on police woman and her partner was committed by the Phantom of Heilbronn.

System Reset

While German tabloids like Bild ridiculed police by asking if their heads were stuffed with cotton wool, investigators quietly reexamined their methodology and the source of their instruments and test materials. They identified the real culprit– the departments’ miserly buyer of cotton swabs.

As Dr Mike Silverman discovered in last week's article, sterile doesn’t mean DNA-free. Sterilization might kill viruses and bacteria, but it doesn’t necessarily eradicate DNA strands. Police departments throughout Germany– except Bavaria– were buying inexpensive cotton buds from an Austrian company, Greiner. The company certified their Bio-One swabs sterile but not suitable for human DNA collection.

The mysterious ‘Phantom’ was none other than one of Greiner's assembly line employees. She'd accidentally contaminated countless cotton buds with her own DNA.

Credit Due

Several readers and SleuthSayers suggested further reading. Thanks to C.J. Dowse, Peter DiChellis, Fran, Eve, and Dixon.

Further reading:

• Understanding DNA
• Chimerism
• Microchimera
• Aging and DNA methylation
• Forensics Credentials

Chief

Courtesy of Joe Evangelista Photography

Now that's it been a few years since my retirement (two--though I can hardly believe it), I thought I might pen a few words on my time as a chief of police.  The reason for this is that I've come to understand over the years that very few people know what a chief of police actually does.  Whenever I encounter them in  fiction they are either chomping on a stogie and bellowing for some hard-working officer's badge, or personally handling crime scenes and investigations as if they have no hard-working officers at all.  Like many stereotypes, there is some truth to these examples, but only some. 

I have bellowed on the rare occasion, though it was sans cigar.  And yes, I have personally attended crime scenes, but not to usurp the duties of those assigned to the case.  Whenever I found issues that needed addressing, I mostly did so with the supervisor on scene, and in private.  I may have raised my voice on a few of those occasions, but it was probably to be heard over the screams of some guilty person wanting to confess in the next room.  As for commandeering investigations, I had enough to do without micro-managing detectives, though I did receive updates on particular cases whenever I asked for them.  Occasionally, I was guilty of suggesting different lines of inquiry, or investigative tactics.  This was not just my prerogative as chief, but sometimes useful.  After all, they were in the thick of it, while I had the luxury of standing back a bit and seeing it fresh.  But the detectives and officers solved the cases, not me.

As chief I had six main duties:

First amongst them was simply to lead; set an example and establish standards for performance and acceptable behavior--policy making.  The buck stops with the chief.  He sees to it that his officers receive credit for work well done, and he takes the heat when his department drops the ball.     

Second would be the budget.  Without money being applied wisely and well, operations and effectiveness begin to suffer.  I never once went over budget.  It can be done.

Third is personnel.  As chief, I had the final say in hiring...and sadly, sometimes firing.  I signed off on the performance evaluations of sergeants and above in my department.   I also had the final say on promotion to the next higher rank.  The down side to this, of course, was the disappointment, and sometimes resentment, felt by those not selected.  It could be keen and heartfelt.   

Liaison.  As the chief you become the public face of the department.  You get to attend a lot functions and host a number, as well.  You deal with many, many people.  In my case, I answered to a mayor who was also the director of public safety.  But he was only one of many masters: The county prosecutor is the chief law enforcement officer at the county level in New Jersey, and so was in my chain of command when it came to criminal law, and search and seizure issues.  The borough council expected my attendance at every meeting and got it.  They controlled the purse strings and crafted ordinances and it was my duty to advise them when it pertained to public safety and order.  Several citizens groups also asked for and received my time.  In addition, I worked cheek by jowl with the fire chief, the rescue squad captain, the beach patrol, public works manager (a very useful person when it comes to major storms, flooding, blizzards, etc...), and the director of emergency management at both the municipal and county levels.  I was also a member of the county police chiefs association and attended their monthly meetings, as well.  These were just the ones I dealt with on a regular basis...there were others.

Discipline: It was also my duty to oversee the disciplinary process and internal affairs investigations.  If you want to know what stress feels like, just picture yourself telling someone you've known for decades, and personally like, that you're suspending them from duty and taking a big chunk of their pay for a month.  And don't forget to remind them that they will no longer be eligible for promotion.  Oh, by the way, my wife wants to know if your wife is available to pitch in at the school Halloween party next week?  Get the picture?  Sometimes IA's can result in dismissals and even criminal charges.  It's not for the faint of heart, trust me, but it is terribly important to the health and integrity of the department.  Good officers (the vast majority) want bad officers (a tiny minority, thank God) gone.  Their jobs are hard enough without them.

Finally, a category that I'll simply dub "Wearing the Hat."  Whenever anything big goes wrong, or when the bad has temporarily overcome the good, you show up.  It can be a major fire scene, a child's drowning, a toxic waste incident, catastrophic weather event, or civil unrest.  You stop what you're doing, whether it's vacation, dinner with friends, or your wedding anniversary; put on your chief hat (sometimes only figuratively) and go to the scene.  Though in many cases, there is nothing more to be done than what is being done--you still go.  Why?  Because citizens are reassured when the head honcho arrives, and the officers try a little harder when they know you care enough to be there.  There's no down side to it.  The opposite is true for the absentee chief.  Sometimes, there are things that can be done, or usually, facilitated by the chief, but I'll save that for another post.

As for the resolute, square-jawed person pictured above, he has left the theatre.  I am now long-haired and sporting a scruffy goatee.  Occasionally people drop loose change in my coffee cup.  I don't know why. 








 

        

              

Eye in the Sky

by Leigh Lundin

Drones part 1: Eye in the Sky

If you don't know the acronym UAV, you're so out of date! Predator drones and the overhead gadgets police use to spy on your backyard barbecue are called UAVs– unmanned ariel vehicles– UAV, for short.

Those drones we've read about in Afghanistan, Pakistan, and Iraq? They were developed for use in combat territories, not against our own citizens. But once out of the bag, did anyone seriously expect they wouldn't be deployed here at home?

I'm torn, partly from techno-geek attraction, partly because I don't like putting soldiers in harm's way, but partly because I don't like the idea of killing from the heavens. But now we face another factor– unarmed drones are being deployed against American citizens. Not only can they violate your air space, they can violate your personal space.

Since 9/11, civil liberties have been pouring down the rathole of 'homeland security', most notably from the Orwellian-named US PATRIOT Acts I and II. They've been stripping basic rights when you weren't looking and now we have one more way to spy– against ourselves. Wasn't this what we were taught was so evil about other governments?

That's not to say I don't think domestic drones can have a positive purpose, but without well defined rules, expect them to be misused and abused. Cases have already surfaced of drones spying on ordinary citizens going about their own business on their own property.

The Little Plane that Couldn't

Like boys with the latest R/C plane, our local law enforcement is delighted with their new toy. While issuing solemn assurances to the press they won't use drones to observe security precautions of, say, Mrs. Trudy Boomdacious tanning by her pool at Nº 31 Sunkist Lane, they can hardly contain themselves until they can go out and play. Hey, I can't blame them.

But, as we learn from time to time, high technology is beyond some officials. From our Texas reader Vicki comes this article by Jim Hightower about Montgomery County's new flying gadget. When showing it off, it seems the sheriff dragged out all his goodies including a Bearcat troop transport with full swat team. It looked great, but unfortunately, the sheriff's department hasn't learned how to drive… or at least fly.

Yep, they crashed their spanking new drone.  The little plane committed suicide when it smashed into their armored transport.

Hightower reports the Bearcat survived, but not the Constitution.

Boys and Their Toys

But wait! There's more!

The drone that grew out of R/C toys has itself become a toy. On Amazon, people like me of twisted mind and sense of humor have been piling on the review comments. Warning: I said twisted, for example:

"At last! A Child Predator!"

"With my son's birthday fast approaching, I simply couldn't fathom what to get him. Last year we had purchased for him the Home Waterboarding Kit and buying him the same present two years in a row just seemed wrong...fortunately I found this! I love to watch the maniacal gleam in his eye as he imagines seas of Pakistani women and children before him and screams 'Death from above!'. It reminds me of all the joy I got from the My Lai Massacre playset I had as a child. Shock and awe!"

"(My son) just loves flying his drone around our house, dropping Hellfire missiles on Scruffy, our dog. He kept saying that Scruffy was a terror suspect and needed to be taken out. I asked him if Scruffy should get a trial first, and he quoted Lindsay Graham, Senator: "Scruffy, you don't get a trial!" I was so proud. I think I'll buy him some video games that promote martial law for Christmas."

"I just have to say that the educational value of this toy is GREAT. I just tell my son: This is what the West is using to kill the Rest. We fly these wonderful planes carrying bombs and we drop them on people we sort of think are terrorists and other people…"

"Not very educational, as the software is point-and-click, and the targets' death screams all sound the same. Not durable either, since they tend to crash between smoking, charred corpses."

"This is the best toy ever. Finally, I can pretend that I'm a winner of the Nobel Peace Prize!"

Oops, I'm droning on and on…

From the Bristol Blotter

I get to spend the weekend at the pen - I know, I need to start behaving better - so I am busy getting ready for that.  So, to prove that there are just as many crazies outside as in, (as well as to give myself a little breathing room) I submit the following.  These are all from a friend of mine in Tennessee, who provides me with "The Bristol Blotter" - available on-line and on Facebook.  All true, sadly, hilariously true:
From the "it's so hard to get off their radar" list:
* Someone called from to report “a suspicious black sports car that followed him home from Walmart [and] keeps riding by his residence.”

You have something that I want:
* A guy reported that his “baby’s momma locked him out and took the tags off his car.”

* "his girlfriend threw him out and he needs to get in and get his clothes because he has an interview tomorrow."

One man's exam is another man's...
* A man told police that another guy assaulted him “while attempting to give him medical treatment.”

Buyer's remorse takes various forms:
* Police went to a car lot where an “irate customer,” upset over his recently purchased car, threatened to run over the sales manager. Store employees said the angry customer “circled the parking lot, stopping in front of the sales manager, began revving up the engine causing excessive smoke, and lurched forward stopping short of striking the sales manager.” The manager in question was afraid that the unsatisfied customer would return “because of his explosive demeanor.”

With friends like these:
* A man reported that his “friend” of four years pulled into a nearby alley, got halfway out of the car wielding a knife and said, “I got something for you.” The man, who knew only his friend’s first name, responded: “If you want to fight, come on” and started toward his antagonist. The friend then scurried into his Oldsmobile and left.

From the "if it were only that easy department":
* When a man had his sister’s cell phone turned off “due to payment issues,” the sister got mad and threatened to vandalize his car. The sister, in turn, told officers that the brother “had been leaving threatening letters on the windshield of her vehicle.” Police told them to stop leaving one another messages.

Also known as, "You called us for WHAT?":

* Some kids were “playing baseball in the road.”

* Someone came in to report they’d lost their license plate, but weren’t sure where or when.

* "she advised she'd been drinking all day..."

* A man "found a bird in his yard and it can't fly ... wants to speak to an officer."

* A woman told police she was taking some medicine that she's been taking daily for about a month but she doesn't know why she's taking it.

And my favorite:

*Someone called to report a suspicious squirrel... 
 

Good luck with that one, officer! 

New Jersey Confidential

I've always liked titles that included 'Confidential' in them.  You know what I mean, titles like "Hollywood Confidential", "Park Avenue Confidential", "Palm Springs Confidential"...well, you get the point.  There's the promise of forbidden knowledge contained within the pairing of almost anything with the word 'Confidential'.  Probably some adult content too, if you know what I mean. 
However, the knowledge that I am about to impart doesn't have any of that.  Okay, so it's not forbidden, so how about not particularly well-known...unless you happen to an insider in the small world of Jersey law enforcement?  "What's that to me?" you might ask.  Maybe nothing; maybe a lot, if you happen to set a crime story in the Garden State or have a character that is a Jersey cop.  So wise up and  follow me, if you dare, and remember, no matter what happens, you didn't get this from me.

We do things just a little differently in Turnpike country.  When you're sandwiched between New York City and Philadelphia you've got to do things differently.  It's not easy playing David to two Goliaths, you know.  So here's what we cooked up on the law enforcement front just to keep 'em guessing: In your part of the world I bet they call a major crime a felony, right?  Cross the big line here, sweetheart, and you get slapped with an 'indictable'.  That's shorthand for indictable crime.  That's what they're called here; it's how it's written in the law books.  And you can keep your misdemeanors to yourself, too, while we're on the subject; try one of those on and we'll write you up for a 'disorderly persons offense'.  That's got more words but is easier to spell.  Makes it better, I think.  And this doesn't just stop with legal violations: We have county prosecutors in Jersey instead of district attorneys.  Okay, so maybe it doesn't roll off the tongue as trippingly as, "Hey Chief, you've got the D.A. on line one," but it is different; kinda homey, and that's they way we like it.

But all that is just words; let's go over a few details on how we get things done.  Here in the "Cockpit of the Revolution" the police are prohibited from going through the garbage you just put out at the curb for pick-up.  In order to accomplish that which your refuse collector, or any other passer-by, may do with impunity, we must obtain a search warrant.  We are not completely unique in this restriction, believe it or not, as our sister state of Hawaii has a similar, cutting edge, law on the books.

Let's say that you just got arrested for driving while under the influence (DWI, we call it; not DUI...yeah, you heard me...DWI).  Let's further posit that you are newly arrived from Kyrgyzstan and are therefore ignorant of the English language.  This will not save you from being read your rights.  The Great State of NJ has thoughtfully provided a website that provides a reading of said rights in any of fifty foreign tongues.  This is the wonder and majesty of Trenton.  Of course, if you happen to be from Kyrgyzstan this may be the first time you've ever had any rights given to you in the first place.

In order to protect the innocent, or at least the not-guilty, NJ further insists that all interrogations for indictable crimes be videotaped.  The cozy chats that we once enjoyed with our clientele are sadly a thing of the past.  Oh for the days before all this invasion of privacy.

Let me give you a scenario: We'll say that you're a uniformed officer on patrol.  You roll up to a stop at an intersection and look to your left.  "What lo?" says you, as Tommy Sunshine comes strolling along; fixes his wee beadies upon your stalwart visage; then turns on his heel and boogies for all he's worth in the opposite direction.  'This cannot bode well for the safety of our citizens,' you thinks.  'Pursuit?' you asks yourself. 

Finish that vente latte, brother...you got nothing.  Not here in the Garden State.  Case law has established that our citizens can decide to hot-foot it anywhere and at any time of their choosing, and Five-0 is not to read anything into it.  People get impulses.

Now, if you can tie little Tommy's sudden urge for distance betwixt himself and his protector-in-blue to something more, such as he's in a known drug trafficking area; there's a warrant for his arrest; or maybe he's just coming out from behind a store that has an alarm clanging away and it's four in the morning, well then, maybe you'll get some exercise after all. 

New Jersey has the death penalty...did you know that?  Neither do we apparently, as there's not been an execution in this state for well over a quarter century and probably much longer.  Courts have sentenced a number of murderers to death during that time but no one ever quite gets around to the dirty deed.  So, let's just say that we have a 'life until death' penalty, shall we?

Lest you think we're soft on crime, let me throw you this curve ball--we don't need no stinkin' probable cause to search someone for stolen library materials!  That's right, Lopresti, all you've got to do is point a finger and we're taking 'em down.  We like our libraries here; make no mistake about it.

So there you have it, gentle reader, a litany of the strange and the zany quirks of Jersey law and its enforcement.  It's not a comprehensive list, but it does give you some of the highlights, as well as a flavor for how we do business in the 'big' little state when it comes to policing.  I hope you enjoyed the tour.  Now if you'll follow me we'll finish our little chat about those 'rights' of yours...Oops...that was a lot of stairs, wasn't it?  Sure, I'll have rescue here in a jiff, but while we're waiting, how about that confession you've been dying to make?  And look, the silly camera is working again...how about that?