FORENSIC PRACTICE

Lt. Col. Magdalena Zubańska, Ph.D. Police Academy in Szczytno Przemysław Knut, M.Sc. Central Forensic Laboratory of the Police

Cold cases from the past, modern forensic tools and police cold case units, or crimen grave non potest esse impunibile – part I

Summary

The article addresses the issues relating to the operations of the police cold case units as well as highlights the role of modern forensic tools in solving cases that were dismissed at the pre-trial stage, due to a failure to detect the perpetrators. The first section presents the genesis of the police X-Files and the phases of their development. In addition, the authors discuss the structure of the cold case units and the manner of conducting investigative analysis. Finally, the entities collaborating with the X-Files are indicated. This article was drawn up on the basis of a master’s thesis entitled: “Role of modern forensic tools in solving undetected crimes”, written under the supervision of dr. Magdalena Zubańskia and defended in 2016 at the Department of Internal Security of the Police Academy in Szczytno. Keywords: cold case units, police X-Files, modern technologies

Introduction level of computerization of the public sector and wide availability of information, the newest technological Forensics lays the scientific foundation for those achievements can serve as a double-edged sword. activities of experts, law enforcement and judicial Nevertheless, it is becoming increasingly difficult authorities, which require the use of forensic for criminals to escape the long arm of the law. The knowledge (Kołecki, 2008). The history of forensics above applies also to the perpetrators of previously shows that progress in this field is driven by practice, unsolved crimes that continue to stir public interest while the specific cases pose new problems and and appear on newspapers’ front pages. trigger a search for more effective or completely Such cases are mainly handled by the cold new methods (Jaworski, 1999). Krzysztof Krajewski case units situated within Criminal or Investigation has aptly pointed out that inasmuch as criminology Departments of the Voivodeship Commands of the can afford to be – at least to some extent – a purely Police. Their arduous work, supported by innovative theoretical science, in the case of forensics, such an methods and techniques, is a synergistic approach, attitude and approach would be difficult to accept aimed at pursuing the Latin maxim ubi culpa est, ibi (Wójcikiewicz et al., 2016, p. 25). As regards forensics, poena subesse debet. modern technologies are the determinants that effect The aim of the present article is to highlight the changes of the paradigm of this interdisciplinary role of modern forensic tools in solving cases that science. The adaptation of modern technologies as were previously dismissed due to a failure to find the forensic tools for the purposes of law enforcement perpetrators or to the lack of evidence to support the authorities sets the contemporary boundaries in terms suspicion of having committed a criminal offence. of discovering the truth. In other words, new solutions The above issues make up an interesting subject and test methods allow to gradually eliminate the so of study, offering the possibility to confront offences called “white spaces” from forensics. Due to high committed over the past thirty years (or forty years,

ISSUES OF FORENSIC SCIENCE 298(4) 2017 51 FORENSIC PRACTICE wherever the case was reopen) with an arsenal of Poland Voivodeship. One of the first cases reopened currently available modern forensic tools. In the by the investigators was the murder of a 23-year- authors’ opinion, in many cases this confrontation -old, Kraków resident, female student of religion, is won by forensic tools, which is reflected by the committed in the end of 1998. The suspect in this number of cases handled by the cold case units – most famous, cruel and mysterious case in the commonly referred to as the police X-Files1. history of Polish forensics, fell into the hands of law The article consists of two sections. The first enforcement authorities 19 years after discovering section is devoted to the origin and functioning of the his offence. It is worth noting that by the time of police cold case units, whereas the second section establishing the above mentioned unit, police officers focuses on modern forensic tools used in the course have already noted a few successes. Owing to the of the X-Files investigations2. experience gained while in the Criminal Department, profound knowledge, thorough and comprehensive Origin of the police X-Files case file analysis, applying modern technologies and personal commitment, officers managed to solve the The cold case units are the organizational structures cases of the murder of 17-year-old Magdalena G. in situated within Criminal or Investigation Departments 1997 and the disappearance of a family of three form of the Voivodeship Commands or Warsaw the vicinity of Nowy Sącz. Metropolitan Command, whose staff includes active The successes of the investigators of Kraków or retired officers. The first cold case unit was attracted media interest and ensured that publicity established on 23 January 2004 in Kraków by the was given to each of the cold cases solved. The Decision of the Commander of the Lesser Poland unit’s achievements have been recognized and, as Command. At that time, the full name of the unit was: a consequence, other X-File units were established Operational and Investigative Cold Case Unit of the in Gdańsk, Lublin, Katowice and Poznań in the Voivodeship Command in Kraków. The tasks of the years 2004-2006. As regards regulations on the es- unit, specified in the above Decision, involve: tablishment and competences of the cold case units – analysis of murder cases that were dismissed – within the structures of the Voivodeship Commands, due to a failure to find the perpetrators, aimed at on 13 June 2008, the Deputy Commander-in-Chief verifying the possibility of continuing investigation; in charge of criminal matters wrote a letter to all – analysis of cases statistically denoted as natural – Voivodeship Commands and Warsaw Metropolitan deaths, suicides, disappearances, drownings and Command, in which he requested that the need to set accidents, in order to identify the factual murder up such units be considered. It may be assumed that cases; the said letter has initiated the process of establishing –– carrying out operational activities and pre-trial the above mentioned units. Furthermore, § 19(1) of proceedings in respect to cases selected in the the Regulation no. 1041 of the Commander-In-Chief course of the above mentioned analyses. of the Police of 28 September 2007 on detailed rules The Operational and Investigative Cold Case of organization and scope of operation of the police Unit established at the Lesser Poland Command commands, stations and other organizational units, functioned for a few years. The impulse to establish stipulates that the term “cold cases” shall be part a first Polish unit responsible for handling dismissed of nomenclature used for naming criminal police cases was a decision of the then-Head of the Criminal units. Pursuant to the provisions of Section 3 thereof, Department of the Voivodeship Command in Kraków, the cold case unit can only be created under the requesting the subordinate police units to provide Voivodeship Command and within the organizational analyses of all unsolved murders, starting from structure bearing the name “criminal” or “operational 1990. This decision was related to administrative and investigative”. Both above provisions were reform of 1999, as a result of which a few districts maintained in Regulation no. 1031 of the Commander- (powiats) were annexed to the newly formed Lesser -in-Chief of the Police amending the Regulation no. 1041 and entered into force on 14 October 2008. In 1 The term X-Files, initially coined by the media in order the current year, the General Police Headquarters sent to trigger interest and increase the attractiveness of the a letter to all Voivodeship Commands and Warsaw subject, has subsequently become widely recognized. Both Metropolitan Command with the recommendation terms will be used interchangeably throughout the text. that the cold case units should operate within the 2 Information contained herein was collected during the interviews carried out between December 2016 and May structures of the police investigation departments. 2017 with officers of the selected cold case units as well Consequently, such a unit was set up on 1 August as by surveying the General Headquarters and Voivodeship 2017 within the structure of the Criminal Bureau of Commands of the Police. Additionally, a comprehensive the General Police Headquarters. It is intended to literature review was carried out. reinforce and complete the current organizational

52 ISSUES OF FORENSIC SCIENCE 298(4) 2017 FORENSIC PRACTICE structures of the Voivodeship Commands. The tasks Voivodeship Commands and the Warsaw of the unit include: Metropolitan Command. –– identification of pre-trial proceedings that were The above description outlines operational discontinued due to a failure to detect the scope of the cold case units. The X-Files are situated perpetrators and concerned the most serious within Criminal (9 units) and Investigation (8 units) crimes against life, health and property, as well as Departments. An exception from this rule is a unit cases concerning missing persons, on a national situated within the Criminal Terror and Homicide scale, in order to perform reanalysis thereof and Division of the Warsaw Metropolitan Command. At initiate the activities aimed at identifying and present, (as of 20 November 2017) there are eighteen apprehending the perpetrators. cold case units (fig. 1). –– carrying out procedural activities pursuant to Article 327, §3 of the Code of Criminal Procedure Characteristics of cold case unit staff members in cooperation with locally and materially competent Prosecutor’s Offices as well as The basic difficulty to be encountered when analyzing carrying out reopened investigations assigned by dismissed cases is not the necessity to navigate the Prosecutor’s Offices. through hundreds of pages of investigation files, –– commissioning preparation of criminal analyses although this is actually quite challenging and labor- in support of the cases handled, -intensive activity that requires experience (in terms –– carrying out operational and exploratory activities of the ability to read such documentation). At no time as part of the cases handled, can the analysis be done on a routine basis, in order –– cooperation with research institutions and centres to avoid overlooking important information, fine detail, as well as with specialists in various fields of that has escaped the attention of the predecessors. science for the purpose of detecting the offenders, According J. Gurgul (2012), paying attention to fine –– cooperation with organizational units of the police detail may be cost effective as in the future it can in the area of investigating the cases selected by lead to closing the chain of evidence in this or any the cold case unit, other case. The challenge is to find such nuances –– coordination of the work of the cold case between the lines that will open the path towards units established within the structures of the acquiring additional knowledge and formulating new

Fig. 1. Structure of cold case units (as of 20.11.2017).

ISSUES OF FORENSIC SCIENCE 298(4) 2017 53 FORENSIC PRACTICE investigative hypotheses. In other words, old case files the length of service alone is not a guarantee of better should be approached without prejudice and with the efficiency in solving cold cases. The approach of the assumption that there may be many existing truths Warsaw Metropolitan Command to the selection that can be inferred from the photographs, sketches, of police officers as candidates for solving difficult words, protocols and expert opinions (Gurgul, 2012). cold cases (sometimes several decades old) is Therefore, who should be entrusted with so specific reflected in the practice adopted by the Voivodeship complexities, for which no right key has been found Commands: “Such a unit should comprise officers so far? What characteristics predestine a person to who have specialist knowledge that can contribute join the cold case unit? Bringing appropriate persons to the resolution of the case. Whenever needed, the into the unit is of paramount importance, as pointed unit can be extended by recruiting other officers with out by J. Gurgul, who states that: “the key issue is appropriate experience and expertise”. the selection of persons, whose mental and spiritual Table 1. Sizes of cold case units (as of 20.11.2017). abilities guarantee that more information will be inferred from the case file than actually present therein” Employment status (Gurgul, 2012, p. 6). A sine qua non condition seems No. Unit active retired to be involving the individuals who have professional police police civilian experience, extensive theoretical knowledge as well officer officer as the knowledge of procedural law, individual- and Voivodeship Command 1. freelance team group-level psychology, and analytical skills (Gurgul, in Białystok 2012). Professional experience can by gained while Voivodeship Command 2. 4 - - in police service, in a variety of units and on different in Bydgoszcz positions, however, the best preparation is achieved Voivodeship Command through service in criminal units. It is important to 3. 2 - - in Gdańsk have knowledge of the specifics of investigative and Voivodeship Command operational and exploratory activities. The experience 4. 3 - - in Gorzów Wlkp. gained in this way fosters the acquisition and Voivodeship Command broadening of competences necessary in the work 5. 6 - - of an investigative analyst (and at the same time, an in Katowice enthusiast). Voivodeship Command 6. 1 1 - Based on a query of available materials and in Kielce interviews with officers of the cold case units, it can Voivodeship Command 7. 3 - - be concluded that an average member has at least in Kraków 10 years of service and a background in criminal, Voivodeship Command 8. 1 2 - investigative or criminal analysis police unit. Members in Lublin of the X-Files must complement each other, since Voivodeship Command 9. 2 3 - each member has his own and unique experiences, in Łódź reflections and conclusions. What is beyond dis- Voivodeship Command cussion, is that no success can be achieved by acting 10. 3 - - in Olsztyn alone (Gurgul, 2012). Therefore, aside from the abo- Voivodeship Command ve mentioned core members of the cold case units, 11. freelance team there are also other officers or specialists in various in Opole Voivodeship Command fields who are associated with these teams, either 12. 4 - - as cooperants, or members. For example, the Cold in Poznań Case Unit of the Voivodeship Command in Katowice Voivodeship Command 13. 5 1 - has two core members – officers with background in in Radom criminal service – as well as two experts from forensic Voivodeship Command 14. 2 - - laboratory, who collaborate closely with the unit. Until in Rzeszów the end of 2016, the unit also comprised of two retired Voivodeship Command 15. 2 - - police officers employed under an indefinite-term in Szczecin contract. In total, retired police officers are involved Voivodeship Command 16. 2 - - in the analysis of cold cases in four cold case units. in Wrocław They usually have relevant knowledge, professional Warsaw Metropolitan experience and understanding of the changes that 17. 5 - - Command occurred over the last few years on many levels (e.g. General Police legal, social, cultural, economic level), as well as time 18. 4 - 4 flexibility (which is essential). It should be noted that Headquarters

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The sizes of the particular cold case units appear ability, is useless, schematic knowledge, cultivated quite interesting (Table 1). The unit situated at the by various scholars proficient in writing and law. For General Police Headquarters has the largest number, me, the most important thing is to ask myself a few i.e. eight members, being at the same time the only simple questions. Who benefited from crime?; Who unit that employs civilians. The Voivodeship units may be the perpetrator?; What traces and evidence usually comprise two officers, which is the minimum to look for? Any schemes and easy answers should number that can be referred to as a team. However, it is be avoided and each case, perpetrator and item of difficult to determine the optimal number of members evidence should be handled individually. No more as it depends on multiple variables, such as the and no less” (P. Litka et al., 2016, p. 19-20). number of cold cases in the particular Voivodeship, It can be therefore concluded right from the onset staffing capabilities, availability (or unavailability) of that the activities of the cold case units can hardly be retired police officers and employees’ workload. called schematic. An attempt can be made to indicate Hence, is there a recipe for creating an optimal a few most important work-related procedures of the team, one that will perfectly cope with all aspects of X-Files investigators. However, it should be noted that the case at hand? A fundamental element of such these procedures are not obligatory and, whenever a concept should be the members’ knowledge and needed, can be omitted or supplemented with experience gained while serving in technical support additional activities. Besides, for obvious reasons, no or investigation units. However, even assuming that details of operational and exploratory activities will be the most experienced investigators and specialists discussed throughout this article. in other fields, both theoreticians and practitioners, Any reflections related to the handling of a cold were available, this would not guarantee success with case should be preceded by an analysis of the all the cases reopened years later. The reasons for the factors affecting the decision to reopen the case. failure should be seen in improperly conducted pre- A distinguishing feature of the cold case units is trial proceedings (especially at the evidence collection the ability (at least theoretical) to choose the most stage), and in the applicable provisions of the Penal promising cases on the basis of free assessment, Code and the Code of Criminal Procedure The latter carried out by the team members, according to constitute both an obstacle and encouragement for specific criteria. Which factors are paid particular archivists, giving them a fundamental incentive to attention by the investigators? One of the reasons tackle cold cases from years ago. that encourage to reopen a case file are innovative methods and tools currently available to support law Functional model of the cold case units enforcement activities. For example, the document prepared by the Appellate Prosecutor’s Office in The activity of the police X-Files is unique for many Gdansk, in addition to the detailed statistics on reasons and it consist in discovering what seems undetected murders in the area under this APO’s to be undiscoverable and finding new evidence in jurisdiction in the years 1984-2013, indicated the the cases that are often referred to as hopeless, i.e. availability of modern forensic techniques and when the passage of time has caused the irreversible forensic databases, as the factors that prompted the obliteration of previously undisclosed traces. The investigators to reopen and reanalyze cold cases. units apply the most modern forensic techniques Owing to technological progress – so eagerly relied on to reanalyze evidence secured in the course of by forensics – traces secured lege artis even decades pre-trial proceedings. Their activity relies on lateral ago, can be used towards identification of a person. and unconventional thinking, searching for new, This is confirmed by the results of studies conducted alternative solutions to the case at hand, and looking by the American research organization – the RAND at the problem from different angles. The above has Corporation. Asked about the factors which mainly been reflected in Józef Gurgul’s deliberations, by contribute to the reopening of dismissed cases, the making the following statement: “Not every method respondents (persons responsible for handling cold is suitable in specific studies of the old case files. cases) indicated new methods of DNA analysis in the Just to remind a popular view: each investigation first place (90% of cases), and other new methods of and thereby each case is unique and individual. forensic analysis in the second place (80% of cases) Therefore, the processes of identification and (Davis et al., 2011). verification of issues related to a particular case must The dynamic technological development offers be carried out in an unconventional manner, taking an incentive for reanalyzing all dismissed cases for into account the distinctiveness of the case” (Gurgul, which secured evidence is available. However, an 2012, p. 8). A similar opinion has been presented by even more direct stimulus is the appearance of new B. Michalec, who initiated the activity of the Kraków- informants, usually previously unknown witnesses, based X-File, “What hinders our cold case solving who have been identified as a result of a long

ISSUES OF FORENSIC SCIENCE 298(4) 2017 55 FORENSIC PRACTICE and thorough analysis. Such a situation occurred charges against a person (in personam). The revised with a dismissed case of burglary of one of road provisions also include acts committed before the construction companies, which took place in 1997. entry into force of the amendment, unless the statue During burglary, a night watchman was murdered. of limitations period has expired, which is of particular Nineteen years later, X-Files police officers managed importance in terms of solving cold cases. Previously, to reach a witness, who helped them to create a facial the extension period was five years, regardless of the composite of the perpetrator. type of crime. Without doubt, time, or more precisely speaking, To conclude deliberations on the factors affecting legal provisions with regard to the statues of operations of the cold case units, it is worth mentio- limitations for criminal offences, are a key factor ning the families of missing persons and those mobilizing the X-Files members to act. The limitations murdered by unidentified offenders who escaped of criminal liability are regulated by Article 17, §1(6) prosecution. Repeatedly, it was their determination of the Code of Criminal Procedure, which stipulates and desire to know the truth that prompted the X-Files that criminal proceedings shall not be instituted, or, members to analyze the particular case. Victims’ if previously instituted, shall be discontinued, when relatives often contact cold case units with a request the prescribed statute of limitations has lapsed. This to turn attention to their cases. It should be pointed means that after a certain time period, the case gets out that relatives of a missing person or murder victim definitively discontinued and the perpetrator cannot usually collect information “on their own”, and then be held liable for the offense. establish cooperation with the investigators, who look As regards the activity of the cold case units, into the details of their case. the statue of limitations delineates the scope of The circumstances discussed above certainly their interest in a given case. The only cold cases do not exhaust all aspects affecting the decision to worth reopening are those that offer promise to be reopen cold case files stacked on archival shelves. As successfully solved. The extinction of criminal liability supplementary information, it is worth referring once excludes the possibility of case file analysis, even in again to research studies conducted by the RAND spite of collecting sufficient evidence that would allow pressing charges against the perpetrator. Corporation. In the last question of the survey, the Pursuant to Article 101 § 1 of the Penal Code, the respondents were asked to rate the factors affecting statue of limitations on murder is thirty years, whereas the decision to reexamine the case as well as those on other violent crimes it is twenty years. The cold that contribute to solving cases to the greatest extent. case unit members select and give priority to those The rating scale used was from 1 (negligible factor) cold cases which are closest to the expiration of the to 5 (very important factor); the results are presented statue of limitations. It should be noted that cold cases in Table 2. have different statue of limitations statuses, which means that the actual time remaining for solving the case is much shorter. Table 2. Factors impacting on the decision to reopen an On the other hand, one should take into account investigation and on solving a case. the possibility of failure to meet the legislative Rating of deadline for filing a motion with the Prosecutor’s importance Rating of Office to reopen the case, which, in consequence, for deciding importance for would undermine all the efforts of the cold case unit to reopen an solving a case members. Therefore, the goal of each unit is to select investigation appropriate methods and forms of operation, and to organize the work in the most effective manner, Factor facilitating the collection of sufficient information score score position position Average Average Average Ranking Ranking necessary to reinstate proceedings before the New witness 4.81 1 4.63 3 extinction of criminal liability, which extends the testimony provided investigation period. Pursuant to Article 102 of the Pe- Availability of DNA nal Code, amended in February 2016, if in the period evidence that could provided for in Article 101, §1 proceedings against be submitted for 4.74 2 4.74 1 a person have been instituted, the amenability to an CODIS or other penalty for the offence ceases after the expiration of database match 10 years from the end of that period. What is more, Other new an extended statue of limitations period shall be information provided 4.68 3 4.57 5 calculated from the initiation of the proceedings in the by third parties or in rem phase, and not from the moment of pressing informants

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Table 2. Factors impacting on the decision to reopen an fixed criteria or rules of conduct. It should be borne in investigation and on solving a case – continued mind that in many cases, the units comprise officers Rating of who carry out different duties on a daily basis, which importance Rating of require effort and commitment. for deciding importance for To address an essential issue of the current to reopen an solving a case section, one of the first steps taken by the X-Files investigation investigators, is to identify cases dismissed as a result of the failure to detect perpetrators, or due to the lack Factor of statutory features of a prohibited act. The relevant score score position position Average Average Average Ranking Ranking information is collected, inter alia, from the databases Availability of and Prosecutor’s Offices. Once in the possession of fingerprint evidence the list of cases, involving the most basic information that could be 4.67 4 4.68 2 about the events, officers select a case or cases to submitted for IAFIS be reexamined in the nearest future. The next step database match consists of a comprehensive analysis of not only Availability of the case file, but also operational and control files, outstanding leads to 4.61 5 4.56 6 as well as any other material that may constitute pursue a helpful source of information (Piotrowicz, 2009). Murder weapon 4.59 6 4.46 8 This process is extremely time consuming, requires recovered the reader to have abstract thinking abilities, as well Identification of the 4.51 7 4.61 4 as the ability to transfer virtually to the crime scene offender and put oneself in the shoes of various participants in Projectiles/casings the event, including police investigators, taking into recovered of quality 4.50 8 4.40 9 to submit for account forensic capabilities of that time (e.g. the database match effectiveness of the test methods), but also paying Potential of obtaining attention to any inaccuracies or shortcomings related additional information 4.43 9 4.47 7 to the case. It should be remembered that the X-Files from witnesses investigators, in a sense, “fix” errors committed in the Matching the past, e.g. minor details that were overlooked, failure offender’s modus to link persons with the particular case or to secure operandi with other 4.37 10 4.18 13 evidence in a proper manner. Here, an accurate offenses (serial diagnosis made by Józef Gurgul (2012) can be cited: offender) a cold case should be approached with a resolution Identification of the 4.13 11 4.32 11 to question the entire substance of the evidence. victim At the onset of their work, the X-Files investigators Appropriate storage 4.11 12 4.37 10 do not limit themselves to merely reading case files. of evidence For example, the Kraków unit prepares a com- Possibility of prehensive analysis containing all relevant retrieving a complete 4.01 13 4.26 12 information, arranged in such a manner that it follows case file the actual course of events, as well as the investigative Other aggravating 3.91 15 3.67 16 circumstances hypothesis on the likely fate of the missing person Availability of an (Litka et al., 2016). After establishing the facts, an 3.62 15 3.87 14 original case file attempt is made to identify the source of information, Queries from family witnesses and suspects, whose data have been 3.61 16 3.23 17 members or victim recorded by previous investigators and who ultimately Ability to consult have not been covered by the investigation Over 3.39 17 3.73 15 original investigators time, these tasks are increasingly difficult to carry out, Statute of limitations especially in the case of murder cases that are nea- 3.24 18 3.15 18 about to expire ring extinction of liability. This is because after 25-30 Media interest in the years, it may turn out that some witnesses are no lon- 2.82 19 2.77 19 case ger alive, while the other do not remember the details of the event. Next, the investigators verify all forensic Finally, it is worth knowing the position of those traces secured in the course of the proceedings, concerned. The interviews with members of the cold which step frequently involves forensic laboratory case units revealed that when selecting cold cases experts. The value of forensic traces is assessed for reexamination, they usually do not abide by any on the basis of quantitative and qualitative analysis.

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The above step can also generate considerable vision would significantly hinder the possibility difficulties. Before carrying out the analysis, trace to prosecute the person who has previously had evidence needs to be localized, since it frequently a suspect status. The legislature took account of “wanders” between different storages and it can take this issue in Article 327 § 2 of the Code of Criminal a considerable amount of time to reach it (Piotrowicz, Procedure, stipulating that the discontinued 2009). The investigators pay particular attention to preparatory proceedings may at any time be biological and dactyloscopic traces, because when reinstated pursuant to issuing an order of indictment reference material is available, these traces allow or, in the absence of indictment, against a person to identify a person, or to determine the presence who was accused as a result of being examined of a person at the scene of an event (or events). as a suspect in the previous proceedings. A body Evidence material is examined with the use of forensic authorized to reinstate the proceedings is the state databases, mainly AFIS (Automated Fingerprint prosecutor senior to the state prosecutor who has Identification System) and a DNA Database, both of issued or ratified the order on discontinuance. which can prove extremely effective forensic tools for As regards violent crimes, an order to reinstate handling the above mentioned offences (as will be preparatory proceedings may only be issued in the discussed in the next section). event when circumstances of vital significance have The results of numerous studies (Wójcikiewicz, been discovered that were unknown to the previous 2000; Moszczynski, 2011; Zubańska, 2016) show proceedings. This precondition is indisputably linked that genetic and dactyloscopic tests are given the to the development of modern technologies and highest rating by judicial authorities in terms of their test methods. Frequently, the X-Files investigators usefulness. Both methods are considered to have have to deal with the dismissed cases, in which high cognitive value, which can hardly be contested. the perpetrator was given a suspect status, but the This does not mean, however, that the cold case judicial authority failed to prove him guilty, due to the units exclusively rely on the above mentioned limitations of science at that time, ineffectiveness or methods of forensic identification. Additional sources the lack of the test methods enabling the identification of information can include other traces, such as on the basis of traces secured (e.g. dactyloscopic, traseological, mechanoscopic and micro-traces. biological), or insufficient information. An example The importance of the latter has been recognized by could be the 1991 triple murder of a married couple of investigators of the brutal murder of Iwona C. One of dentists and their caregiver in Opole Lubelskie. The the suspects was identified on the basis of a single event caused a shock among residents of a small thread from his jacket that had a distinctive episcopal village, and attracted country-wide media attention. (purple) colour. In the course of their activities, the Neither the detailed scene examination, in the course investigators were able to confirm that this person of which numerous traces were secured, nor the wore the said jacket two days after committing crime. efforts of the investigators and Prosecutor’s Office Thus, the absence of fingerprints or biological traces have produced a solution. Among the dozens of does not eliminate the possibility of identifying the interrogated people was then 46-year-old Zdzisław F., perpetrator. but the Prosecutor’s Office lacked sufficient evidence When the number of discovered new facts relevant to file an indictment. The man was released after to the case is sufficient to reinstate the proceedings, collecting his biological material. After 20 years, this the investigators file a motion with a competent case was reopened by the Cold Case Unit in Kielce. Prosecutor’s Office, pursuant to Article 327 § 1 and 2 The case file was reanalyzed and selected material of the Code of Criminal Procedure. In accordance with was subjected to genetic testing. Forensic DNA tests the provisions of §1, the prosecutor has the authority delivered breakthrough results, based on which to reinstate the proceedings, provided that they will the proceedings were reinstated against the same not apply to the person who has a suspect status person, pursuant to Article 327 § 2 of the Code of during previous proceedings. In view of the above, Criminal Procedure. the reinstatement is possible when the previous The above example illustrates the standard proceedings were carried out and terminated in the in operating procedure of the cold case unit, namely rem phase (no suspect was identified), or when they filing a motion with the competent Persecutor’s were carried out in the in personam phase against Office to issue an order reinstating or reopening a specific person, who, based on the ne bis in idem the proceedings. In this situation, the X-Files are the principle contained in Article 17 § 1, item 7 of the Code first to acquire new information and evidence, which of Criminal Procedure, cannot have a suspect status allow to conclude that the particular case bodes well during reinstated proceedings (Łupiński, 2014). for the future. Frequently, it is also the prosecutor Although clearly compliant with one of the basic who discovers new facts and can take the initiative principles of criminal proceedings, the above pro- to reinstate or reopen the proceedings. Before this

58 ISSUES OF FORENSIC SCIENCE 298(4) 2017 FORENSIC PRACTICE is done, pursuant to Article. 327 § 3 of the Code of of this Jagiellonian University student, experts of the Criminal Procedure, the prosecutor is authorized University of Wrocław were involved, who carried to either personally undertake, or entrust to the out an expertise with the use of three-dimensional Police the taking of evidentiary action necessary in imaging technique, aimed at determining the type connection with verifying the circumstances serving and mechanism of injuries inflicted on the woman as the basis for the issuance of such an order. by the killer. Based on the results, the investigators Subsequently, further steps aimed at detecting concluded that the victim was tortured before her the offender on the basis of the evidence collected, death, which in turn prompted the District Prosecu- are taken. The aim of the unit members is to convert tor’s Office in Kraków to appoint a Portuguese expert operational material into court admissible evidence. in the relevant field. Since the reinstatement of this The final stage of this process is drawing upan case in 2012, both the X-Files officers and the Kraków indictment and sending it to the court (Piotrowicz, Prosecutor’s Office have been cooperating with the 2009). FBI experts. When handling other cases, the cold case unit Cooperation between cold case units and other investigators have appointed, inter alia, experts authorities specializing in searching for human corpses, including aquatic environments and Military Police The above deliberations can be complemented forensic technicians operating crime scene mapping by highlighting the cooperation of the cold case equipment. units with entities that have specialist knowledge, Additionally, in the case of the proceedings experience, research facilities, or the activity profile dismissed due to a failure to detect the perpetrators, that can contribute to achieving progress on the expert psychologists (profilers) are frequently case. It is a truism to say that the participation of appointed and given a task to draw up a psychologi- many actors in problem-solving process is a big cal portrait of an offender on the basis of available advantage, however, in the context of the X-Files information. According to J. K. Gierowski, an essence activity, this statement takes on particular importance. of psychological profiling (in line with the principles of The complexity and multifaceted nature of crime, in forensic psychology) is “to obtain a short, dynamic conjunction with the investigators’ imagination and characteristics, briefly capturing the most important experience, as well as the dynamic scientific and personality traits and behaviors of an unknown technical development, virtually enforce cooperation perpetrator” (Gierowski, 2007, p. 410). The benefits of focused on achieving the objective pursued, which is cooperation with profilers are reflected by final court to prosecute the perpetrator. judgments convicting the offenders in cases from the The X-Files members admit seeking assistance past that were reanalyzed by the X-Files members. from experts and specialists on a frequent basis. A good example is the expertise drawn up by an The cooperation encompasses police forensic investigative psychologist, which helped officers of laboratories, Central Forensic Laboratory of the the X-Files in Bydgoszcz to solve a 20-year old murder Police, Institute of Forensic Research in Krakow, as case. Even though fingerprints were a key evidence well as Forensic Medicine Departments. It consists in the case, it was a facial composite matching the primarily in assessing and selecting evidence for victim’s neighbor that ultimately contributed to testing (e.g. genetic testing), consulting experts on solving this case and sentencing the offender to a 15- the manner of handling evidence and requesting year prison term. expert opinions. It can be said without exaggeration Obviously, cooperation with the Prosecutor’s that the role of experts in the process of investigating Office is of particular importance. Another important the truth is not to be underestimated. The activity link in the chain of entities participating in the characteristic of the cold unit members is to look for prosecution of perpetrators of undetected crimes are solutions where no one has looked before, to seek criminal intelligence departments of the Voivodeship support from persons, modern tools and solutions Commands, or, more precisely, the cooperation with that no one has previously considered or has not had criminal analysts. It is not hard to imagine how big an opportunity to reach for. Hence, various stages a challenge is to develop a network of contacts on of the proceedings involve appointing experts from the basis of a case file content, often encompassing a range of disciplines, whose knowledge and skills hundreds of names and interrelated circumstances. can be used towards confirming the investigators’ Graphic presentations can significantly improve hypotheses and determining new facts. One the process of organizing facts and formulating relevant example can be the above mentioned case conclusions and investigative hypotheses on this of murder and skinning of a 23-year-old woman of basis. The results of analytical work are invaluable to Kraków To explain the circumstances of the death the X-Files investigators.

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Also, the role played by the media is not to be the following headers: Killer arrested after 19 years ignored. The newspapers, Internet portals and (...); Killer identified after 27 years (...); The 22-year- television publicize unsolved crimes. Cooperation old murder case solved (...). The presence of such between the cold case units and the media consists headlines inspires optimism and provokes the primarily in issuing appeals using channels of mass reader’s reflection that no offender can feel safe communication, requesting persons having any (Zubańska, 2016). Besides, as stated by Józef Gurgul knowledge of the circumstances or the offender to (2012), any mistakes of judicial authorities, both share it with the investigators. Such an approach related to major cases, as well as to those that are may contribute to identifying previously unknown seemingly minor and low profile, yet socially onerous, witnesses, revealing other details, or, as practice put their reputation at risk. Reading through old case shows, also to apprehending the offender. A good files is not a waste of time. example can be a TV series entitled “Magazyn Kryminalny 997” [equivalent of an American TV Sources of figure and tables: series Bad Boys], aired in the years 1986-2010 (with intervals). Already the first episodes led to Figure 1, table 1: authors arrests of murder suspects, based on information Table 2: [1] received from viewers that turned out to be helpful in the investigation. It happened twice that the Bibliography factual offender participated in reconstruction of 1. Act of 6 April 1990 on the Police (Journal of a crime that he himself committed earlier. However, Laws of 1990, Vol. 30, item 179, with further whenever a request is made to the media to publicize amendments). a dismissed case, one should take into account 2. Act of 6 June 1997. The Code of Criminal certain risks and difficulties that this may entail. Media Procedure. (Journal of Laws of 1997, Vol. 89, item coverage can be biased with a purpose of causing 555, with further amendments). a sensation, or reveal too much information, which 3. Act of 6 June 1997. The Penal Code (Journal may become counterproductive for law enforcement of Laws of 1997, Vol. 88, item 553, with further authorities. Another problem could be the “rash” amendments). of unreliable witnesses, whose testimonies are 4. Davis, R.C., Jensen, C., Kitchens K.E. (2011). fictional and make no valuable contribution to the Cold-Case Investigations. An Analysis of Current investigation. Such pseudo-witnesses are a source of Practices and Factors Associated with Successful misinformation and require investigators to engage in Outcomes. http://www.rand.org/content/dam/rand additional unnecessary activities (Litka et al. 2016). /pubs/technical_reports/2011/RAND_TR948.pdf The catalog of cooperating entities is very [accessed on July 2017]. extensive and it remains open. In addition to the above mentioned institutions, it includes entities 5. Gierowski, J.K. (2007). Construction of that can offer help in clarifying the individual a facial composite of an unknown offender. circumstances, which are of particular importance In: J. Wójcikiewicz, (ed.), Ekspertyza sądowa: in the context of the case at hand. For example, zagadnienia wybrane. Warsaw: Wolters Kluwer weather conditions on the day when a crime was Polska Publishing House. committed can be determined with the help of the 6. Gurgul, J. (2012). Sens czy bezsens wracania do Institute of Meteorology, whereas consulates can starych spraw? Problemy Kryminalistyki, 277(3). cooperate in the identification of corpses of unknown 7. http://www.gdansk.pr.gov.pl/pliki/komunikaty/ identity, presumably of foreign nationals. When, based Zbrodnie_niewykryte.pdf [accessed on Septem- on the reasonable assumption of finding a hidden ber 2017]. human corpse or items relevant to the case, a water 8. Jaworski, R. (1999). Opinia z ekspertyzy reservoir needs to be searched, the investigators poligraficznej jako dowód odciążający. Wrocław: can seek assistance from the Scuba Diving Special Kolonia Publishing House. Group of the Polish Armed Forces. There is also 9. Kołecki, H. (2008). Kryminalistyka i nauki penalne ongoing cooperation with mobile network operators wobec przestępczości. Poznań: Publishing (in terms of obtaining data which do not constitute House of Poznań. telecommunications content), recognized scientific 10. Litka, P., Michalec, B., Nowak, M. (2016). Policyjne authorities as well as officers of other services and Archiwum X. Kraków: WAM Publishing House. formations. 11. Łupiński, J. (2014). Podmioty uprawnione Owing to the efforts of the X-Files members do złożenia wniosku o podjęcie na nowo and their cooperants, even years after committing postępowania przygotowawczego. Prokuratura a crime, the front pages of newspapers can boast i prawo, 11–12.

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12. Moszczyński, J. (2011). Subiektywizm w bada- 17. Wójcikiewicz, J. (2000). Dowód naukowy niach kryminalistycznych. Przyczyny i zakres w procesie sądowym. Kraków: Institute of stosowania subiektywnych ocen w wybranych Forensic Research Publishers. metodach identyfikacji człowieka. Olsztyn: 18. Wójcikiewicz, J., Kwiatkowska-Wójcikiewicz, V., University of Warmia and Mazury Publishing (ed.). (2016). Paradygmaty kryminalistyki. Kraków: House in Olsztyn. Jagiellonian University Publishing House. 13. Regulation no. 1031 of the Commander-In-Chief 19. Wszystko przed nami! Rozmowa z Dariuszem of the Police of 14 October 2008 amending the Piotrowiczem, http://www.policja.pl/pol/aktu- Regulation on detailed rules of organization and alnosci/41763,Wszystko-przed-nami.html scope of operation of the police commands, [accessed on July 2017]. stations and other organizational units (Journal 20. Zubańska, M. (2016). Badania daktyloskopijne of Laws of the General Police Headquarters, Vol. i genetyczne – TAK, badania poligraficzne 17, item 102). i osmologiczne – NIE, czyli o postrzeganiu 14. Regulation no. 1041 of the Commander-In-Chief ekspertyz kryminalistycznych przez decydentów of the Police of 28 September 2007 on detailed procesowych. In: J. Moszczyński, D. Solodov, rules of organization and scope of operation I. Sołtyszewski, (ed.), Przestępczość. Dowody. of the police commands, stations and other Prawo. Anniversary book presented to Professor organizational units (Journal of Laws of the Bronisław Młodziejowski. Olsztyn: University of General Police Headquarters, Vol. 18, item 135). Warmia and Mazury Publishing House. 15. Statement by the Spokesman of the Appellate 21. Zubańska, M. (2016). Nowoczesne narzędzia Prosecutor’s Office in Gdansk Analysis of techniki kryminalistycznej a niewykryte przes- investigative case files on the undetected offenses tępstwa sprzed lat – czy sprawcy powinni się committed in the years 1984–2013. bać? Przegląd Policyjny, 3(123). 16. Szef MSWiA o pracy Archiwum X: przestępcy nie mogą spać spokojnie. http://www.pap. Translation Rafał Wierzchosławski pl/aktualnosci/news,931511,szef-mswia-o- pracy-archiwum-x-przestepcy-nie-moga-spac- spokojnie.html [accessed on May 2017].

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