~ORCEMENT rBI BULLETIN

MARCH 1984, VOLUME 53, NUMBER 3

Contents

Operations 1 The Uniformed Crime Investigator: A Unique Strategy to Protect and Serve By Gene N. Berry

Law Enforcement 7 The Forgotten Victim: Stress and the Police Dispatcher Role By Dr. James D. Sewell and Linda Crew

Forensic Science 12 Fiber Evidence and the Wayne Williams Trial (Part I) By Harold A. Deadman Communications 21 Nonverbal Elements in Courtroom Demeanor By Dr. John L. Waltman The Legal Digest 24 Entrapment, Inducement, and the Use of Unwitting Middlemen (Conclusion) By Michael Callahan 32 Wanted By the FBI

The Cover: As a Federal Bureau of Investigation Published by the Office of Congressional means to control United States Department of Justice and Public Affairs, rising crime rates Washington, D.C. 20535 William M. Baker, Assistant Director and provide improved service to Editor-Thomas J. Deakin Assistant Editor-Kathryn E. Sulewski the community, one William H. Webster, Director Art Director-Kevin J. Mulholland police agency The Attorney General has determined that the WriterIE ditor-Karen McCarron developed a publication of this periodical is necessary in the Production Manager-Jeffrey L. Summers Uniformed Crime transaction of the public business required by law Reprints- Marlethia S. Black Investigator of the Department of Justice. Use of funds for prlnllng this periodical has been approved by the Program. See article Director of the OHlce of Management and Budget p. t . through June 6, 1988.

ISSN 0014-5688 USPS 383-310 How can my organization be more productive and cost-effective using existing manpower and equip• ment with minimal funding? This ques• tion is constantly on the minds of pro• gressive law enforcement administra• tors. Historically, the prevailing tend• ency was simply to ask for additional funds to support added personnel or equipment. Administrators were not always forced to look within them• selves to find solutions to field oper• ational problems. However, State propositions and recent government financial problems have changed all of this. Law enforcement agencies are now required to continue a high level of service, maintain top productivity, and create programs to reduce crime statistics, while remaining within roll• over or reduced budgets. Crime within a community is a pri• mary concern of all citizens, but espe• cially to law enforcement personnel and city administrators. Aware of gen• eral crime statistics and crime clear• ance rates, the Oceanside, Calif., Police Department was not able to state with confidence whether our preventive efforts were productive. Al• though the crime clearance statistics change from month to month and year to year, the fluctuating base line TheUniformed Crime Investigator A Unique Strategy to Protect and Serve

By "Cooperation and coordination are LT. GENE N. BERRY main ingredients to the success of the program." Commander Operations Bureau Police Department Oceanside, Calif.

______March 1984 I 1 was not satisfactory. A program had The UCI program is similar in one to be developed that would stabilize respect to training courses for field these statistics and overcome the evidence technicians or crime scene public's concern of crime. investigators. However, in these pro• Unfortunately, the following sce• grams, other "experts" are called in nario is a common daily occurrence in to assist if more than evidence collec• cities and towns across the United tion, preservation, and cataloging is States: needed in an investigation. This, in A house or business has been turn, can generate an overtime cost Lieutenant Berry broken into and the victim calls for factor if off-duty detectives or other police assistance. The police arrive personnel become involved. and begin their investigation. They The UCI program goes beyond ask a few questions, take these common practices. UCl's obtain photographs, and if fortunate, lift search/arrest warrants, interview and fingerprints from the scene. But in interrogate victims or suspects, and most cases, unless the case is of make composites of wanted subjects. major importance, the officer files They are charged with the responsibil• the report with the Investigations ity to do all that is necessary at the Division the following day, leaving initial call to bring the case to a suc• the citizen confused, frustrated, and cessful completion. For example, the wondering why nothing else can be UCI arriving at a crime scene evalu• done. ates the incident and determines what Initial responses by law enforce• investigative action will be taken. He ment personnel have been limited tra• has total responsibility and control ditionally because of their many and unless the incident is of such impor• varied responsibilities. They are tance or magnitude that detectives charged with handling calls for serv• and other investigating personnel are ice, making arrests where appropriate, needed. If this occurs, the responsibil• and performing lifesaving acts when ity for the crime scene rests with the necessary. Time does not allow the "call-out" detective and crime scene responding officer to do more than personnel will be given specific duties gather preliminary information. In addi• to perform. If the case does not re• tion, patrol officers investigating crime quire extensive followup, it will not be scenes usually do not possess the directed to the Investigations Division. necessary equipment or specialized In these instances, program personnel training required for a detailed crime are responsible for total crime scene scene analysis. This can be attributed management and resolution. (See fig. to a lack of "job specific" training 1.) courses or budgetary restraints. For The Uniformed Crime Investigator these reasons, the Uniformed Crime Program was designed to accomplish Investigator (UCI) Program was devel• three major goals: oped. Not only is it one answer to a -Raise the quality of "front end" community need, it also improved the investigations, department's response to a wide vari• -Raise the quantity of ety of crimes. prosecutable crimes, and -Raise the level of service to the community.

2 / FBI law Enforcement Bulletin Figure 1

Major Functions Performed by Uniformed Crime Investigators

1) Total crime scene management, 2) Crime scene photography, 3) Develop latent prints using powders and chemicals, In today's law enforcement ap- Operations 4) Conduct interviews/ proach to solving crimes, merely Twelve officers were selected to interrogations, taking an investigative report for de- participate in the program, including 5) Obtain search/arrest warrants, tectives to follow up later is not two women. The officers are uni- 6) Collect, preserve, and catalog enough. Whether they are the victim formed patrol officers assigned to the physical evidence, of a major crime or a simple theft, citi- field 7 days a week, 24 hours a day. 7) Crime scene sketch, zens expect the police to do all that Supervision of these officers is jointly 8) Collect body fluids, we can immediately. In either event, coordinated between patrol field ser- 9) Make impressions, the citizen believes he has been geants and Operations Bureau ser- 10) Make composites using the wronged and he expects a visible, geants. Operations sergeants partici- "Identi-Kit" process, concerted effort to help him. pated alongside UCI personnel during 11) Conduct neutron activation tests, the training phase. While they also Quantity of Prosecutable Crimes 12) Attend autopsies, handle patrol duties, they monitor and 13) Operate artificial lighting If the first goal is met and prelimi- supervise investigations handled by systems, nary investigations are upgraded, then UCI officers, who are primarily respon- 14) Maintain field activity records, perpetrators are more likely to be sible for crime scene investigation and identified and connected to crimes. work. However, when not engaged in 15) Conduct followup investigations. Physical evidence that has been col- UCI work, they handle any and all lected, victim statements that were patrol duties. taken, composites that have been It is absolutely essential that the Quality of "Front End" constructed, and search or arrest war- function of the UCI program be fully Investigations rants that have been obtained all play understood. On one hand, UCI offi- Without question, the most impor- a role at the front end of the investi- cers are performing patrol duties; on tant aspect to a successful conclusion gation in identifying criminals. the other, they are performing investi- of a crime scene investigation is at Law enforcement personnel know gative functions. Cooperation and co- the scene of the incident. Here is that in many cases, several crimes ordination are main ingredients to where the focus of attention is direct- are the end result of a few people. the success of the program. The em- ed. If proper techniques are not ap- Repeat offenders are often directly re- phasis of the program is placed on plied or a thorough understanding of sponsible for a series of criminal the goals to be achieved. If constantly the ultimate goal is not clear, the end events. By connecting those violators guided by the end results, the major result will be manifested in higher to crimes with good preliminary work, objectives of the program will be met. crime statistics and lower crime clear- the number of prosecutable crimes An interchange of ideas and informa- ance rates. will rise. This, in turn, will help to bring tion with constant updating is neces- Once a crime scene has been the arrest clearance rates up to an sary among UCI personnel, investiga- contaminated or given only a cursory acceptable level. tive personnel, and patrol officers. examination, the investigator's job be- Open channels of communication Level of Service to the Community comes more difficult. It is more diffi- must be maintained. cult to go back and reconstruct the The key feature of this program is For a program of these dimen- scene, to return and relocate victims that it is highly visible, action­oriented, sions to be successful, it is crucial or witnesses, or to remember who and is received enthusiastically by the that lines of responsibility be well- said what about whom. The appropri- public. The citizens observe, first known and recognized throughout the ate time is at the moment the re- hand, a portion of the criminal justice organization. But even this must be sponding officer first arrives at the system in motion. They see their law preceded by one other major factor- scene. Total crime scene manage- enforcement agency being responsive total support of the agency's ad- ment and commitment of available re- to their needs. Immediate, favorable, ministrator. Without his backing, a po­ sources begin here. and positive reaction is the result of these improved crime control tactics.

March 1984 / 3 .. / FBI law Enforcement Bulletin "Training is the backbone of a successful UCI program-extensive training at the beginning, ongoing training as the program develops."

for the training program. However, our needs greatly exceeded the standard courses available, since UCI person• nel would do more than collect physi• cal evidence, using all available re• sources to complete the case at the first response whenever possible. It became evident that we would have to train our own personnel and design our own training curriculum. Al• though some classes offered by the California Department of Justice Com• mission on Peace Officer Standards and Training (P.O.S.T.) met our needs, the number of officers away from their regular duties while attend• ing these courses would deplete patrol field strength. This was unac• ceptable. Also, budgetary consider• ations were another problem, since we were faced with a budgetary freeze. Reimbursements for P.O.S.T.• approved classes are returned to the Above: Evidence collection methods and proper Four major areas were identified• city's General Fund, not the police de• use of equipment are taught to VCI personnel. homicides, assaults where death is partment's training budget. likely to occur, officer-involved shoot• Our training had to be relevant to Left: Crime scene photography is a major function of the uniformed crime investigator. ings, and arson. These cases involve the needs of the department, instill time-consuming, indepth investiga• confidence among the officers, public, tions beyond the parameters of the and district attorney's office, and most tentially high source of public approval UCI operation. They entail vast of all, be reputable. We designed an and department satisfaction will amounts of personnel, equipment, 88-hour course of instruction which in• wallow in a quagmire of confusion and and expertise. It may be days, weeks, volved classroom instruction and ex• laxity. and months before they are disposi• tensive field work, drawing instructors Although the UCI program was tioned. This program was not de• from the Federal Bureau of Investiga• designed to raise the quality of pre• signed to handle these types of inci• tion, the San Diego District Attorney's liminary investigations and to do what• dents, although UCI personnel would Office, the San Diego County Crime ever was necessary to complete the be involved extensively in a support Lab, and in-house experts such as case at that time, certain crimes do role at the initial crime scene. identification technicians and investi• not lend themselves to the actions of gators familiar with "Identi-Kit" com• UCI personnel alone. Because partic• Training posites. ular crimes will always involve follow• Training is the backbone of a Before the training began, we met up work, it is necessary to identify successful UCI program-extensive with each of the instructors and dis• those crimes where investigators and training at the beginning, ongoing cussed what we envisioned for our other experts will always be needed. training as the program develops. program so that they could tailor their Several field evidence technician training to our needs and goals. They courses were reviewed as the basis were also asked to consider our capa• bilities.

March 1984 / 5 "The Uniformed Crime Investigator Program . . . can enhance public relations and bring the community and law enforcement agency into a shared light of total crime scene control and community responsiveness."

Resistance and its objectives. They must also be pect, thorough preliminary crime Any change within an organiza• made aware of the type and extent of scene work has produced excellent tion, especially a major field oper• training given to UCl's and the limita• results in connecting perpetrators to a ational change, provokes some resist• tions placed upon them by their equip• series of crimes. ance and negativism among the rank ment and experience. These supervi• The major impact of the UCI pro• and file, and this was true with the sors must establish liaison with other gram has been realized in the proper• conceptualization of the Uniformed departmental units, especially the in• ty crime section of the Investigations Crime Investigator Program. General vestigative personnel, and UCI offi• Division. A large amount of physical investigative personnel feared en• cers themselves should be encour• evidence has been collected, and ar• croachment upon their investigative aged to institute "lines of communica• rests have been made as the result of techniques and that their expertise tions" with other support groups. these investigations. Additional side would be challenged. Most of all, they The program has been monitored benefits of the program are the avail• feared that UCI field work would gen• closely and suggestions and criticisms ability of UCI officers who have spe• erate additional case workloads for evaluated to increase the program's cialized training to act as instructors them. These were legitimate con• effectiveness. Monthly meetings are for other field officers, which has a cerns, but concerns which have not used to identify operational field prob• positive effect on the quality of work materialized, even though our pro• lems, reinforce program goals, and produced. The program can also be gram is still in its early stages of de• raise the efficiency of the unit and its viewed as an enhancement for career velopment. This is why it is important individual officers. development. for close working relationships to be Society's expectations are high developed between division com• Equipment whether it concerns what individuals manders and among divisional per• Full departmental support and expect of themselves or from others. sonnel to keep the intent of the pro• suitable equipment go hand in hand These expectations, combined with gram intact. Program personnel and for a successful end product. A signifi• budgetary problems for the public others involved must be encouraged cant community program that will sector, make our jobs difficult but not to establish a coordinated and coop• impact the reputation of the law en• impossible. We must look within our• erative working relationship if the spe• forcement agency must be properly selves and organizations for new cific program objectives and depart• prepared and equipped. Several other ideas. We have a commitment to our mental goals are to be met. law enforcement agencies, county communities to provide the best serv• Contrary to the beliefs of investi• crime laboratory personnel, knowl• ice possible without asking for addi• gators, case loads have not increased edgeable camera experts, and other tional monies. If added financial help substantially. Instead, significantly individuals associated with private lab• must be requested, then we must be more physical evidence is collected oratories were solicited for equipment constantly aware that the public will and more extensive initial investiga• suggestions. The final result was that expect a fair and equitable return. tions are conducted. Efforts by UCI we were able to combine several well• The Uniformed Crime Investigator officers have alleviated followup work informed opinions into a feasible Program can bring positive feedback for investigators and thus freed them equipment inventory. This, coupled to the department. It can enhance for other duties. Also the work of with the training, would meet the ob• public relations and bring the commu• UCl's has enabled investigators to jectives of the program. nity and law enforcement agency into follow up immediately on leads which a shared light of total crime scene have been developed. Conclusion control and community responsive• The Uniformed Crime Investigator ness. I'BI Program Monitoring Program became operational in March First-line supervisors need to be 1983, and since that time, UCI officers thoroughly familiar with the program are handling 125 to 150 incidents a month. While most of the UCI field work does not initially produce a sus•

6 I FBI Law Enforcement Bulletin ______The Forgotten Victim Stress and the Police Dispatcher "... the immediate attention and decisive action required in law enforcement telecommunications is a source of critical stress for police dispatchers."

By JAMES D. SEWELL, Ph. D. Director Office of Management and Planning Services Florida Department of Highway and Motor Vehicles Tallahassee, Fla. and OFFICER LINDA CREW Police Department Tallahassee, Fla.

Over the past several years, the law enforcement community, and to a degree, society in general have turned _ their attention to the serious phenom- enon of police stress. Significant re- search has been undertaken to ex- plain the problem, identify specific stressors confronting today's officers, and suggest proper methods of stress management. 1 At the same time, however, little attention has been focused on the ­ stress experienced by the law en- forcement support system, i.e., dis- patchers, complaint clerks, clerical personnel, crime scene and evidence technicians, and other nonsworn per- sonnel who are so critical to the suc- cess of the law enforcement mission.

______March 1984 / 7 While the stressors experienced by times more common among control• these individuals may not be as life• lers, it also developed at an earlier threatening as those faced by sworn age and was especially prevalent at personnel on the street, emotional busy fields. In addition, twice as many overload and physiological damage controllers suffered from peptic caused by this stress are just as real ulcers." 3 In parallel research, Richard and as dangerous to all members of Grayson, a former president of the the profession. American Academy of Stress Disor• Other occupations have taken der, significant steps to identify and ad• " . .. has examined many of the Dr. Sewell dress stress confronting their person• controllers in the Chicago area, and nel. The experience of some can found remarkably similar symptoms: have implications for understanding insomnia, loss of appetite, anxiety, that faced by certain segments of the irritability, and sexual dysfunction. police support system. Railroad dispatchers and sonar operators on nuclear submarines Stress in Air Traffic Control undergo similar stress, but their The pressures brought on by the symptoms are seldom as severe. According to Grayson, air-traffic job of police dispatcher are not dis• similar to those experienced by the air controllers have the highest traffic controller. David Martindale, for incidence of peptic ulcers of any profession, ulcers aggravated by instance, describes a mock advertise• ment for the latter profession: overtime work, high-density traffic, and fear of midair collisions." 4 HELP WANTED: World's busiest Others have also explored the airport seeks radar jockies for phenomenon of stress within the air unusually stimulating, high-intensity traffic control (ATC) function. Hurst environment. Must be able to direct and Rose, for instance, found that si• at least 12 aircraft at one time and multaneous peak traffic, i.e., the make instant decisions affecting the number of aircraft controlled over a safety of thousands. No degree limited period of time, was the most Robert A. Butterworth Executive Director required, but prior experience as significant source of stress and " most traffic cop, seeing-eye dog, or God potent index of workload at the ATC helpful. Severe stress will environment." 5 Additionally, Crump's jeopardize sanity and result in early search cited workload as the most ob• termination from job, but employer vious source of stress for the control• will absorb cost of medical and lers and further identified stress as psychiatric care.2 originating from the duration of radio communication, number of planes ex• Martindale cites the research of pected, number of planes controlled, Sidney Cobb of the University of and pressures of time.6 Michigan and Robert Rose of Boston University, who compared the medical Stress In Law Enforcement histories of 4,325 controllers and Communications 8,435 pilots. Those researchers found The police dispatcher experi• that "not only was hypertension four ences occupational stress which par• ,

8 / FBI Law Enforcement Bulletin allels that of the air traffic controller. tions center and assures maximum With significant time pressure, the dis• safety of officers on the street. patcher, too, is required to direct the activities of multiple field units; re• Multiple Calls ceive, assimilate, and dispatch infor• As in the case of the air traffic mation from a variety of sources; and controller, "simultaneous peak traffic" effectively communicate with officers on the radio is a particularly significant and citizens. To analyze effectively source of stress for police dispatch• the resulting stress and implement ers. Heavy volume of radio traffic and programs of recognition and manage• incoming telephone calls occurring Officer Crew ment, it is first necessary to identify within a short period of time place ex• those unique stressors which affect treme physical and psychological de• the communications environment. mands on the individual operator.

Second-class Citizenship Required Decisions It is not unusual for communica• In his research on ATC stress, tions personnel to perceive them• Crump identified one source as the selves as "second-class citizens" number of required decisions, particu• within their department. Field needs larly "when a controller's decision• receive administrative attention and making capacity is stretched to the priority in both personnel and budget, maximum." 7 Similarly, the immediate and even line officers are quick to attention and decisive action required criticize and slow to recognize the ac• in law enforcement telecommunica• tions of these vital support personnel. tions is a source of critical stress for The frustrations of this stressor are police dispatchers. The potential life• generated not only from field person• threatening nature of many calls and nel but also from administrators and the sense of urgency connected with supervisors who are perceived to lack handling people's problems magnifies knowledge about the role and func• the pressures created by multiple tions of a professional communica• calls and constraints of time. tions center. Melvin L. Tucker Anticipation Chief of Police Insufficient Training Like police officers· who must ex• In spite of efforts by professional perience their peers handling exciting organizations, such as the Associated or dangerous calls in another zone, Public Safety Communications Offi• the dispatcher responsible for com• cers (APCO), training for communica• munications must also endure the tions operators is still primarily on the stress of anticipation and vicarious job. In too many departments, such fear. As anticipation and concern training is conducted by senior per• build, the dispatcher feels as if he sonnel without benefit of a formalized must reach through the microphone to training program, such as that fos• determine the officer's status and tered by a field officer training guide. confirm his safety. Consequently, the operator lacks the training-and perceives the deficien• Antiquated Systems cy-which is necessary for the most An out-of-date radio system, cou• efficient operation of the communica• pled with antiquated support systems,

March 1984 I II such as an inadequate intrastate tions, however, the opportunities to criminal information center, can cause grow are limited. Little inservice train• the dispatcher as much stress as the ing and few educational opportunities officer on the street. The frustrations are offered for communications per• caused by the limitations on such a sonnel, and the career path is limited system and the fear of potential to a few supervisory and senior danger to officers and citizens as a worker positions. Although the ad• result can be significant. vancement to a sworn position is often offered as an incentive, the Low Control actual number of such promotions, Occupational stress research has Po/ice dispatcher takes citizen report. particularly in large departments, is identified as highly stressful those sit• probably small. uations where a person is in a low• Inadequate Interpersonal level job in the office hierarchy and Communications Dealing with Dispatcher Stress has little control over the working en• In a field called "communica• Successful efforts in preparing of• vironment. Unlike sworn personnel tions," it is surprising that the interper• ficers to deal with stress suggest a who exert more discretion and control sonal communications between field general response which could be ef• over their responses to requests for officers and dispatchers is so limited. fective for communications and other police service, communications per• As is the case in many people-orient• support personnel. Training in proper sonnel are limited in the flexibility of ed professions, the efforts at commu• diet and regular exercise, of course, is their response to public and officer nication skills are too often reserved critical to enable anyone to deal with demands. In spite of the potential for for the public, and frustrations and the effects of occupational stress. Re• "stark terror" associated with crisis conflicts between uniformed and sup• laxation training, particularly when it situations, the routinization of commu• port personnel are allowed to build can be used on the job, may be espe• nications work, coupled with boredom without resolution. cially productive in allowing communi• and lack of personal development in cations personnel to reduce their the job, fosters the sense that a dis• Citizen Contact stress level during and after high-in• patcher is an automaton with little, if The stress caused by dealing tenSity periods. any, control over his working life. with citizens who themselves are However, some special efforts under stress is, of course, intense. are necessary to increase the ability Confinement The dispatcher must deal with per• of communications personnel to cope One of the stress reducers for sons exhibiting a wide variety of emo• with the stresses of their job. First, many officers, and an adjunct to con• tions-from hysterical fear to anger to more adequate training is necessary trol of the job situation, is the ability to pain-allowing only a professional re• to increase a dispatcher's understand• get out on the road, out of the car, sponse and often without necessary ing of the job role and appropriate re• out of the office-in other words, to training. The reactions are particularly sponses to occupational pressures. avoid the physical confinement of complicated when citizens, unfamiliar Such structured training should in• many contemporary jobs. The com• with the system, provide inaccurate, clude extensive procedural instruction munications officer, however, has no incomplete, or inadequate information in the use of radio and telephone such lUXUry. Periodic escapes from to communications personnel. equipment, role play to increase the confinement of the communica• knowledge of specific situational re• tions center are limited and can be Lack of Professional Development sponses, field training with patrol and taken only when traffic slows to a To most people, the ability to investigative personnel to ensure minimum. Consequently, pressures grow professionally and personally mutual understanding of needs and and frustrations build up without an mitigates many of the distressful as• problems and familiarity with the geo• easy " release valve." pects of a job. In police communica• graphics of the department, and ad•

10 I FBI Law Enforcement Bulletin ______vanced training in specialized areas, (ICAP) and Managing Criminal Investi- such as telephone crisis intervention. gations (MCI) offers further profes- The facilitation of interpersonal sional growth and can stymie burnout communications is equally important and boredom effectively. to reduce stress experienced by com- In summary, stress within law en- munications personnel. With their per- forcement affects not only sworn per- ception of "second­class citizenship," sonnel but also their civilian support it is critical that sworn and support system. The first step in dealing with personnel have regular exchanges the problem is to identify the unique which can mitigate the pressures stressors. Once described and ac- caused by interpersonal conflict. Be- Dispatcher requests units to respond. knowledged, administrators can begin effective programs of management cause of a human reluctance to com- can reduce some of the physiological and control through aggressive and municate, administrative or structured and psychological impact of shift innovative actions. I'll encouragement may be necessary. As work. The routine assignment of dis- important, the department's adminis- patchers to a specific shift or group of tration cannot take any action which officers can be useful in improving the Footnotes serves to discourage good police sup- familiarity of working personnel and 1 William H. Kroes, Bruce l. Margolis, and Joseph J. port relations. reducing the stress of working with Hurrell, " Job Stress in Policemen," Journal of Police Involvement in the departmental Science and Administration, vol. 2. No. 2. 1974. pp. 145- "unknown quantities." A recognition 55' John Stratton, " Police Stress: An Overview," Police decisionmaking process is also nec- by administrators of the personnel, Chief. vol. 45, No. 4. 1978, pp. 58­62; William H. KroeS essary to reduce stress. Communica- and Sam Gould. "Job Stress in Policemen: An Emplncal budgetary, and equipment needs of Study " Police Stress, vol. 1, No. 2. 1979, pp. 9­10, 44; tions personnel, like all staff, must be- an effective communications system Terry 'Eisenberg, "Labor­Management Relations and lieve they have a voice in the direc- Psychological Stress­View Irom the Bottom," Police is equally critical in eliminating some Chief. vol. 42, No. 11 , 1975. pp. 54-58; Joan Phillips tion and policies of the agency. For Sandy and Donald A. Devine, " Four Stress Factors of the long term morale and effective- Unique to Rural PatrOl." Police Chief. vol. 45. No. 9, this reason, it is important to include ness issues which contribute to the 1978, pp. 42­44; James D. Sewell, " Police Stress," F81 dispatchers as part of interagency LawEnforcement8ulletin, vol. SO, No. 4, 1981 , pp. 7­11 ; stress of the communications environ- A. Lad Burgin, " The Management 01 Stress In Policing." task forces, policy development and ment. Police Chief. vol. 45, No. 4, 1978, pp. 53­54; Larry Moore quality of work life working groups, and John T. Donohue, " The Patrol Officer: Special Finally, the dispatcher, like other Problems/Special Cures." Police Chief. vol. 45. No. 11. and personnel selection and benefit staff, must perceive promotional alter- pp. 41­43. committees. 2 David Martindale. "Sweaty Palms in the Control natives within the agency. Step pay Tower, " Psychology Today, vol. 11, No.2, 1977, pp, 71- The development and encour- 75. plans, such as those used for patrol , Ibid., p. 72. aged use of temporary "escape" facil- officers, may be one alternative to 'Ibid. ities for communications personnel is • Michael W. Hurst and Robert M. Rose. "Objective meet the financial needs of these Job Difficulty, Behavioral Response. and Sector also important in controlling stress. A support personnel. Professional and Characteristics in Air Route Trallic Control Centers." breakroom located away from the Ergonomics. vol. 21. No. 9, 1978, p. 707... . personal development through depart- • John H. Crump, "Review 01 Stress In Aor TraffiC communications center and equipped Controllers: Its Measurement and Effects," Aviation, ment­sponsored education and in- Space. and Environmental Medicine. vol. SO. No. 3, 1979, with food and beverage machines, creased inservice training offers an- pp. 243­248. comfortable furniture, and even exer- other valuable incentive to reduce the 7 Ibid., p. 246. cise equipment can, with appropriate effects of occupational stress. Addi- supervisory control, be extremely tionally, the expanded use of commu- beneficial. nications personnel in paraprofession- Other administrative efforts may al positions, including walk­in report further impact the occupational stress writing, telephonic investigations, and of communications personnel. The other nonsworn activities suggested use of standard, nonrotating shifts or by programs such as the Integrated the increase in time between rotations Criminal Apprehension Program

March 1984 / 11 12 / FBI Law Enforcement Bulletin Fiber Evidence and the Wayne Williams Trial (Part I)

By HAROLD A. DEADMAN Special Agent Microscopic Analysis Unit Laboratory Division Federal Bureau of Investigation Washington, D. C.

On February 26, 1982, a Fulton cious circumstances in the Atlanta County, Ga., Superior Court jury re• area over a 22-month period begin• turned a verdict of "guilty as charged" ning in July 1979. During the trial, on two counts of murder brought fiber evidence was used to associate against Wayne Bertram Williams by a Williams with 12 of those victims. Fulton County grand jury in July 1981. Fiber evidence is often used to Williams had been on trial since De• corroborate other evidence in a cember 28, 1981 , for the asphyxial case-it is used to support other testi• murders of Nathaniel Cater and mony and validate other evidence Jimmy Payne in April and May of presented at a trial. This was not the 1981 . During the 8-week trial, evi• situation in the Williams trial. Other dence linking Williams to those mur• evidence and other aspects of the ders and to the murders of 10 other trial were important but were used to boys or young men was introduced. support and complement the fiber evi• An essential part of this case, dence, not the usual order of things. presented by the Fulton County Dis• The "hair and fiber matches" be• trict Attorney's Office, involved the as• tween Williams' environment and 11 sociation of fibrous debris removed of the 12 murder victims discussed at from the bodies of 12 murder victims the trial were so significant that in the with objects from the everyday envi• author's opinion, these victims were ronment of Williams. positively linked to both the residence Fiber evidence has often been an and automobiles that were a major important part of criminal cases, but part of the world of Wayne Williams. the Williams trial differed from other Another difference between this cases in several respects. Fiber evi• case and most other cases was the dence has not played a significant extremely large amount of publicity role in any case involving a large surrounding both the investigation of number of murder victims. The victims the missing and murdered children whose deaths were charged to Wil• and the arrest and subsequent trial of liams were 2 of 30 black children and Williams. Few other murder trials have black young men who were reported received the attention that the Wil• missing or who had died under suspi• liams case received.

March 1984 / 13 Because of the extensive public• ed 43,043 examinations in 2,300 ity and because the fiber evidence cases. During that time, they made was so important, many questions 156 testimony trips to city, county, about the significance of fiber evi• State and/or Federal courts. Many dence were brought to the attention other laboratory systems worldwide of the public. There was considerable routinely conduct hair and/or fiber ex• speculation concerning the fiber evi• aminations. dence. Questions concerning the Why, then, should there have meaning of a "fiber match" and about been this negative speculation about the proper procedures and techniques fiber evidence? Why is it that fiber ex• SpecmlAgent~8dm8n to ,be used in the characterizations aminations and their results have not and comparisons of textile fibers were been given the importance afforded discussed in newspapers and maga• other types of physical evidence? zines. This article presents the impor• Much of the pretrial speculation tance of forensic fiber examinations. It concerning the value of fiber evidence is a nontechnical overview of this was negative. Comments such as field, discussing many aspects of a fo• "Fiber evidence just isn't reliable at rensic fiber examination. Evidence all " and " . . . defense lawyers ex• presented at the Williams trial and pressed skepticism about the legal testimony concerning this evidence impact of fiber evidence . . ." were are used to illustrate both the impor• published in the press. 1 There was tance and use of fiber evidence in a also skepticism within the law en• trial situation. Many of the arguments forcement community as to the mean• discussed in this article were used to ing of the fiber findings, especially justify conclusions at the Williams trial prior to Williams becoming a suspect. and can be applied to fiber evidence This skepticism was somewhat sur• in other trials. Problems and miscon• prising because, as noted earlier, the ceptions concerning fiber examina• introduction of fiber evidence at a tions will also be addressed. criminal trial in order to link or asso• It is often difficult to get an accu• ciate a suspect with a victim or a sus• rate picture from press reports of the pect (or victim) with a crime scene is physical evidence introduced at a trial not new. and the significance of that evidence. The FBI has conducted hair and This article will also set forth in some fiber examinations and comparisons detail the fiber evidence that linked routinely for over 30 years at its Williams to the murder victims. Washington, D.C., Laboratory. Ten ex• By discussing only the fiber evi• aminers in the Microscopic Analysis dence introduced at the trial, many Unit of the FBI Laboratory work full other aspects of the case against Wil• time conducting these hair and fiber liams are being neglected. Additional examinations for any law enforcement evidence dealing with Williams' moti• agency in the United States. In fiscal vations-his character and behavior, year 1981 , these examiners conduct• his association with several of the vic• tims by eyewitness accounts, and his link to a victim recovered from a river in Atlanta-was also essential to the case.

14 I FBI law Enforcement Bulletin Fibers In the Environment Those seen most often include ace• e.g., in their houses, automobiles, and Many objects in our environ• tate, rayon, nylon, acrylic, polyester, on their person, the transference of ment-clothing, ropes, rugs, blankets, and olefin fibers. These are 6 of the textile fibers comes into play in many etc.-are composed of yarns made of 21 generic classifications that have different types of criminal activity, es• textile fibers. A textile fiber, defined as been established by the U.S. Federal pecially in crimes of violence. ~hen it the smallest part of a textile material, Trade Commission to include all man• is important to show that contact has can be classified into one of four cat• ufactured textile fibers. It is important taken place, textile fiber evidence can egories. to emphasize that even when consid• be invaluable. The animal fiber category in• ering only these six common classifi• Though fibers would seem to cludes wool (hairs) from sheep, cash• cations, there is an extremely large offer a wealth of evidence, their im• mere hairs from the Kashmir goat, number of different "fiber types" pro• portance is often not fully appreciated, and silk fibers (filaments) from silk• duced by the many fiber producers and sometimes, they are not even worms, to mention a few. Silk fibers throughout the world. A manmade collected in criminal cases. There are and animal hairs other than wool are fiber type can be defined as a fiber of several reasons for the general "low seldom used. Even woolen fibers cur• a particular chemical composition that regard" attributed to fiber evidence, rently occupy less than 1 percent of has been manufactured into a particu• as compared to other types of physi• all fibers used in the production of lar shape and size, contains a certain cal evidence. In most cases, fibers textile materials in the United States.2 amount of various additives, and has are small in size and are often not Of the many fibers in the vegeta• been processed in a particular way. easily seen or detected with the ble fiber category, only the cotton Within these six common generic naked eye. They can be easily over• fiber is found to any large extent in classifications, there are well over a looked by someone not specifically items of clothing. Approximately 24 1,000 different fiber types, each differ• looking for them. Even if crime scene percent of the total United States tex• ing from the other in one or more of investigators were aware of the pres• tile fiber production in 1979 was the above-mentioned variations. ence of fibrous materials, special pre• cotton. 3 Other plant fibers, such as Therefore, numerous fiber types can cautions to locate and preserve them jute and sisal, are used primarily be present in the composition of tex• are often necessary. for industrial purposes and are seen tile materials. This is true even before The small size of textile fibers in various types of cordage and bag• considering differences in color. should not be a problem to the inves• gings. tigator during evidence collection. The Asbestos fibers are the only natu• Fibers and the Crime Laboratory actual recovery of fibers from an ral fibers found in the mineral fiber Why is the crime laboratory inter• object can be accomplished in the category. Seldom used in items of ested in textile fibers? In 1928, laboratory if the object is handled clothing or household objects, they Edmond Locard first published his properly by crime scene personnel. are rarely found in either the composi• ideas concerning the transference of It should be noted that the size of tion of or the debris from items re• trace materials resulting from contact fibers, as well as other features, such ceived in crime laboratories. between people and objects. The ex• as the ease of transfer, actually bene• The majority of fibers seen in change principle of Locard may be fit the investigator because perpetra• U.S. crime laboratories are from the briefly summarized as follows: "When tors of crimes are not aware that they manmade fiber type category. Man• any two objects come into contact, have been left behind or picked up made fibers represent approximately there is always a transfer of material evidence. Even if one were aware of fibrous materials being transferred, 75 percent of the total textile fiber from each object on to the other." 4 production in the United States. Certainly, this is valid with many types their small size would normally pre• of textile materials because of the vent one from doing anything about it. ease with which fibers can be both lost (shed) and picked up. Since all people are closely associated with items containing fibrous materials,

March 1984 I 15 F/(/IKB 1 MICROSCOPICAL CHARACTERISTICS EXHIBITED BY TEXTILE FIBERS

1- COLOR 2- SIZE (0iIIme1Br,_, 3- SHAPE (CrOllIllCIionI 4- fiBER OR YARN PROCESSING A more serious problem is the 5­ ABER INCLUSIONS deemed a positive association, as in (AI Voids lack of understanding about the sig- (BI OeIustaring IgIIIt the case of a fingerprint, what can be • Size nificance of an association based b-~ the Significance of such a match? c· Cani:entrl1ion upon a fiber match. Often, fiber evi- II­ 0is1riIutian Let us consider what a forensic dence is dismissed in the courtroom fiber examiner is concerned with 6- SURfACE CHARACTERISTICS as being meaningless by defense at- when conducting a comparison in a torneys and defense experts. The 1­ SURfACE DEBRIS crime laboratory. He must determine degree of the significance of a fiber 8- DAMAGE that a "questioned fiber" is similar to match, therefore, is of primary con­ 9- VARIATIONS IN ABOVE CHARACTERISTICS or the same as fibers in the composi- WITHIN AABER tion of a particular object. There can be no significant differences detected Figure 2 by the examiner when matching such fibers. In making this determination, OPTICAL PROPERTIES OF TEXTILE ABERS the fiber examiner must compare var- ious characteristics and properties 1- ISOTROPIC REFRACTlVE INDEX which can be observed and/or deter- 2- REFRACTIVE INDEX WHERE RBER IS PARALLEL mined. Visual characteristics include TO PLANE OF POLARIZED UGHT (NJ color, size, cross­sectional shape, and 3- REFRACTIVE INDEX WHERE RBER IS PERPENDICULAR surface appearance. Other properties TO PLANE OF POLARIZED UGHT 1M) are dependent upon a fiber's compo- sition, the conditions under which it was manufactured or processed, and the dye formulation used to color it. Also, environmental and consumer handling effects, such as fading and 6- OICHROISM abrasion, may be the cause of changes in these characteristics. 1­ FLUORESCENCE Many techniques are available to 8- ABSORPTION SPECTROSCOPY the forensic scientist for the examina- tion and comparison of these proper- ties. It would be unrealistic and un- cern to prosecutors and investigators, thousands either at one time or at dif- necessary for the forensic scientist to as well as to those forensic scientists ferent times. likewise, the same type use all of them. There are several rel- having little experience in fiber com- of dyed fiber could be present in sev- atively simple but very discriminating parisons. eral different types of objects. The microscopical procedures that should "questioned fibers" (fibers of un- be performed first. A combination of Establishing Significance known origin) in a case could have microscopical procedures is especially An association made by matching originated from any of these many ob- discriminating in the comparison of a single fiber or several loose fibers, jects containing the same fiber type. It colored manmade fibers. Equipment all similar in their properties to the should be pointed out that these used in the fiber examinations in the fibers in a designated object, is not a many objects would normally not all Williams case included a comparison positive association. An association of be located in one area.5 If an associ- microscope, a polarized light micro- this type does not associate those ation is to be made, it must be possi- scope, a fluorescence microscope, fibers with a particular object to the ble for an object that could be the and a microspectrophotometer. Fiber exclusion of all other similar objects. source of a transferred ("questioned") properties and characteristics can be Objects containing a particular type of fiber to be at or linked to the location studied and compared with the use of fiber and dyed in a certain manner where that fiber was found. If, then, a may have been manufactured by the single "fiber match" cannot be

16 I FBI Law Enforcement Bulletin ______the microscopical equipment men• The significance question can be associations were very Significant be• tioned above. (See figs. 1 and 2.) addressed by dividing fiber types cause it was possible to show that the Whether other comparison proce• into four groups, based primarily upon bedroom carpet was manufactured in dures are necessary and the se• what the experienced examiner has comparatively small amounts and for quence in which they should be per• determined and/or has come to rec• only a short period of time. These formed are important considerations ognize as being common and uncom• conclusions were arrived at from to the fiber examiner, but they are mon. sales records and other information beyond the scope of this article. The first group consists of obtained from the carpet manufactur• Once it has been determined that common types of fibers used in the er. there is a fiber match, the significance construction of large numbers of ob• The second category of uncom• of the resulting association depends jects. An example is undyed or off• mon fiber types includes those in ob• considerably upon whether the fiber white (lightly dyed) cotton. Most white jects manufactured many years ago. type involved in that fiber match is un• cotton fibers, even though from differ• As time passes, these objects common or unusual. The more un• ent sources, will be very similar in ap• become fewer and fewer in number. common the fiber type, the smaller pearance, as well as in other proper• The Williams bedroom carpet also the chance of finding that particular ties and characteristics. Because the falls into this category because similar fiber type in a specific location (either sources of these fiber types are nu• carpet has not been manufactured in the composition of a particular fi• merous and because it is usually im• since December 1971 . brous object or in the fibrous debris possible to distinguish these fibers The third category of uncommon removed from a particular object). from different sources, an association fiber types includes those which, while How is one to determine whether based on this type of "fiber match" they may be present in a large a fiber can be considered common or has little, if any, meaning. A white number of different items, occur in uncommon? An experienced forensic cotton fiber would be expected to be items with which people do not nor• fiber examiner who has examined the found not only in the composition of mally come in contact. Accordingly, composition of numerous materials many textile items, but also in the these fiber types would not usually be can usually make an intuitive, yet ac• debris removed from many items. found in debris from someone's cloth• curate, determination as to whether a Other common fibers which are of lim• ing. Only the experienced forensic fiber type is uncommon. In some in• ited value for Significant comparison fiber examiner could determine wheth• stances it is also possible for the ex• purposes include many of the white er a fiber type would fit into this aminer to develop information about a and off-white polyester fibers often group. This is because only the foren• particular fiber type to establish that it used in sheets, pillowcases, under• sic fiber examiner is concerned with is uncommon. In addition, forensic wear, and men's dress shirts. Still the -identification and comparison of fi• laboratories in England are presently others include various colors of cotton brous debris removed from clothing accumulating data about the fiber fibers, such as blue cotton fibers, and other objects. types and fiber colors that they see in found in many types of blue jeans. Fibers from all three categories of the various fibrous materials they ex• The second group consists of uncommon fiber types were present in amine. By classifying all fibers found in "uncommon fiber types" and can be items from Williams' environment and the composition of objects received in further subdivided into three catego• were found to match fibers present in many of England's crime laboratories, ries. The first category includes col• debris removed from the bodies or they will eventually have sufficient ored fiber types used in the construc• clothing of various victims. data to make a statistically based de• tion of a relatively small number of The carpet in Williams' 1970 sta• termination as to whether a particular items. Normally, it would be difficult tion wagon is uncommon because fiber type is common or uncommon. and very time consuming to obtain the similar carpet was last installed by the Until sufficient data is obtained from data necessary to show that a fiber vehicle's manufacturer in 1973. It is the above-mentioned project, the type has been used in only a small composed of rayon and nylon fibers, major criterion for determining what is number of items.6 In the Williams' uncommon is the judgment of an ex• case, many victims were linked to the perienced examiner. carpet in Williams' bedroom. These

March 1984 I 17 a blend which has not been used in type of these colored fibers is an ex• A preliminary study conducted in any type of carpet for a number of tremely small percentage of all the England illustrates the small chance years. Even though this style and fiber types that exist. The chance of of finding a particular fiber type in a color of carpet was installed in many randomly finding anyone manmade randomly selected location. It was cars prior to 1974, the existing fiber type of a specific color in a par• conducted to determine the likelihood amount of this carpet gets smaller ticular location is extremely low; how• of finding fibers in debris like those in and smaller each year. Rayon fibers ever, it would be nearly impossible to a particular garment by pure coinci• presently used for purposes other obtain actual probability estimates. dence. In this study, four control than for carpet are not as coarse as There is enormous variety within the sweaters were selected that had been those used in automotive carpet and six common generic classes consider• produced in large numbers over a therefore could not be confused with ing only undyed fibers. When color is long period of time and had been dis• rayon carpet fibers. added to these manmade fiber types, tributed widely throughout England. Trunk liners in two other cars the variety is increased tremendously, These sweaters were composed of that Williams had access to in 1979 thereby increasing the significance of woolen fibers and/or different types of and 1980 were composed of fibers a fiber match. There are about 7,000 manmade fibers. The fibrous debris that are not normally seen by crime dyes in existence, many of which are from 250 garments that had been laboratory personnel. This is true even used to color either natural fibers or submitted to the laboratory system though the manufacturers of these manmade fibers? Although these were searched and only 6 woolen cars would have used trunk liners sim• dyes can be used individually, they fibers were found that matched 1 of ilar to those in Williams' automobiles are often mixed together in combina• the 4 sweaters (the most common of in thousands of cars. The trunk liners tions of two or more individual dyes. these sweaters). A maximum of two in Williams' cars were composed This mixing of different dyes results in fibers consistent with this woolen of undyed manmade fibers that had a a colored fiber having a particular dye sweater was found in the fibrous black adhesive material on their sur• formulation (a listing of the type and debris from anyone garment. No faces. Even though many similar trunk amount of each individual dye). These fibers consistent with the other three liners are in existence, the trunk liner dye formulations are usually unique to sweaters (composed in part of dyed fiber type is generally not seen in a particular manufacturing company manmade fibers) were located. The debris removed from clothing. Since and change often as the popularity of authors of this study concluded that al• these fibers are apparently not used colors and shades changes. Even though many more garments should for purposes other than trunk liners, though there may be only several be examined, it appears that to find someone would essentially have to be hundred different colors that the eye more than a small number of fiber inside a trunk to have these fibers can distinguish, there are many differ• matches by pure coincidence would appear on his clothing. ent ways in which these colors can be be extremely unlikely.8 The majority of other fibers fall obtained. Companies seldom, if ever, Obviously, there will be an over• into the third group, which includes all attempt to exactly duplicate another's lapping within the three groups de• manmade fiber types dyed with partic• dye formulation. scribed as "common," " uncommon," ular dye formulations. Associations If there are well over a 1,000 dif• and "colored manmade." Some fiber based on matching these fiber types ferent manmade fiber types produced types that fit none of these groups fall are meaningful, even though these and if each textile producer uses dif• into a fourth group. This fourth group fiber types could not be shown to be ferent dye formulations to color its would include colored cotton fibers unusual or uncommon, because con• textile materials, the result is an ex• and colored woolen fibers. With natu• siderable additional variety is present tremely large number of fiber types ral fibers, color is the most important due to the fibers being colored. Dyed that could be distinguished from one characteristic used for comparison. manmade fibers can be the basis for another. Each individual colored man• strong associations, since anyone made fiber type would then be a very small percentage of all the fiber types that exist.

18 I FBI law Enforcement Bulletin ______GENERAL CONSIDERATIONS• 4. Cover area of an item (e.g. baseball b. Fibrous materials left behind at FIBER EVIDENCE CRIME SCENE bat) which contains fibers (etc.) with crime scene by suspect or victim paper (seal edges) 1. Clothing, wigs, masks, hats 1. Obtain and package as soon as 5. Wrap fabric impressions so that: (1) 2. Gloves possible they cannot be rubbed or 3. Portions of fibrous materials a. Before it is lost scratched, (2) fibers cannot be lost, (cut or torn) b. Before contamination (3) no contamination can take place 4. Pieces of tape and cordage 2. Look for the obvious and (4) impression is not flattened. 5. Button (with attached fibrous a. Clumps of fibers 6. Use separate boxes to package materials) b. Pieces of fabric, tape, rope, containers of evidence from c. Weapons and damage from yarns, thread, individual filaments different people and/or from weapons c. Fabric impressions (possibility of different locations. 1. Guns, knives, clubs, ice picks fibers being present) 7. Identify (mark) and seal each 2. Stab and bullet holes 3. Locate logical sources for fibrous container d. Impressions on fabric (shoe or evidence found on a victim or at a 8. Do not place fibers, yarns, etc. hand print in blood) crime scene directly into plastic or glass 2. Arson a. Carpet and rugs containers b. Upholstery a. Portions of fuses c. Bedding Use paper (folded in druggist fold) or b. Fabric in bottles d. Suspect's clothing paper envelopes (seal all 4 corners); c. Charred portions of garments e. Wigs, hairpieces, fake fur these paper containers can then be 3. Robbery, burglary, breaking and f. Cordage and tape placed into a plastic envelope and entering 4. Miscellaneous considerations sealed. a. Items left at crime scenes a. Photograph locations of fibers, 1. Masks, hat, wigs, clothing pieces of fabric, and fabric 2. Pieces of fabric impressions b. Items and fibrous material along b. Obtain entire item, if possible CASES WHERE FIBER AND FABRIC getaway route c. Obtain lifts of impressions when EVIDENCE CAN BE IMPORTANT c. Fibers and fabric found at point entire item is not obtainable 1. Crimes of violence (murder, rape, of entry and exit assault) 4. Extortion PACKAGING FIBROUS EVIDENCE a. Transfer of individual fibers a. Fibers under envelope flap, tape, 1. PROTECT EVIDENCE from: between suspect objects and and stamps on envelope a. Contamination victim objects b. Glove impressions b. Loss of trace evidence 1. Items of clothing c. Further damage 2. Carpet (residential and 5. Hit and Run 2. PROTECT stab holes, bullet holes automotive) a. Fibers and fabric on vehicle and impressions (in blood, soil, etc.) 3. Bedding b. Fabric impressions on vehicle DO NOT FLATIEN! 4. Hair combings (head and 6. Explosive Devices 3. Remove fibers, yarns, etc. which pubic) a. Fibrous debris from tape may become dislodged (noting 5. Fingernail scrapings b. Tape, cordage, and fabric exactly where removed from item) 6. Adhesive surfaces of tape comparisons

Associations with these fibers can be Recovery of Fibrous Materials the recovery site. Also, a thorough ex- meaningful if the laboratory uses a Collection of fibrous materials amination must be made of the body discriminating technique such as thin- may be from the scene of a crime, away from the crime scene, preferably layer chromatography or microspec- from a body, or from any setting before and during the autopsy. trophotometry to compare color. where fibers of importance may be Human and animal hairs, as well There are other factors that must present. In the majority of cases, the as textile fibers, can be important. All be considered when assessing the investigator has the responsibility of fibrous materials should be collected significance of a fiber match.9 These obtaining fibrous evidence or at least at the same time. It is also important conditions will be discussed when the maintaining the actual evidence in to realize that procedures used to col- results of the fiber examinations in the such a way that loosely adhering fi- lect fibrous evidence may interfere Williams case are discussed. Apart brous debris will not be lost. When a with or prevent the recovery of other from the frequency of the fibers in- murder victim is involved, a crime types of evidence and vice versa. The volved, various circumstances can scene search must be conducted at crime scene search must be orga- measurably add or detract from the nized to prevent the loss of all types strength of an association. of evidence.

March 1984 I 19 FIfJUf'B 3

RECOVERY OF FIBER EVIDENCE FROM CRIME SCENE OF A MURDER VICTIM

1. Limit access to crime scene 2. Photograph body 3. Visual inspection (special lighting) of body and surrounding The investigator must be aware When properly done, the collec- area that in virtually all criminal situations, tion process is laborious and time- 4. Use of transparent tape on fiber evidence will be involved. This is consuming. However, many benefits exposed body areas particularly true in crimes of violence, can result in evidence obtained from a 5. Place bags over victim's hands especially in murder cases where the thorough search. (See fig. 4.) These 6. Use new white sheets to victim's body has been moved. All benefits are nowhere more apparent transport body items of clothing and other items of than in a review of the Williams case. 7. Obtain all clothing and sheets; importance should be obtained as However, before discussing the actual place each item into a separate quickly as possible and secured in trial, it is interesting to see how paper bag at morgue or hospital paper bags. If hairs and fibers are Williams was developed as a suspect 8. Close visual inspection of body at seen by the investigator, they should in the Nathaniel Cater murder. Part II of autopsy (best with magnification) be placed inside a sheet of paper this article will deal with this subject 9. Use of white cotton packed into which, after folding and labeling, can and the fiber evidence presented at his teeth of comb to collect fibrous be placed inside another container. trial. debris from head hair and pubic The actual methods of fiber re- III hair areas, at autopsy covery used depend upon individual (To be continued) 10. Consider evidence associated circumstances. Since many of these with transportation of body to procedures are best carried out at the medical examiner's or coroner's labo- Footnot.. crime scene , The Nations/ Law JOUI718/, vol. 3. No. 43. July 8. 11. Consider use of vacuum cleaner ratory, the investigator should coordi- 1981. p. 1. nate his activities with one of these 2 Man·made Fiber Fact Book Update: Statistics (Man· for large amounts of fibrous made Fiber Producers Association. Inc.• 1980). debris laboratories. It should be the respon- >Ibid . sibility of the investigator to remind • L. C. Nickolls. "The IdentifICation of Stains of Nonbiologicaf Origin." Methods of Forensic Sciences. ed. those conducting the autopsy to be Frank Lundquist. vol. 1. (N.Y.: Interscience Publishers) aware of fibrous materials and also to 1962. p. 335. Figure

20 I FBI Law Enforcement Bulletin ______Nonverbal Elements • Police officers experienced in courtroom testimony know the value In of professional courtroom demeanor. Probably the most important aspect of Courtroom Demeanor that demeanor is professional, compe• tent, nonverbal communication. A "Through careful attention number of studies have shown that to the nonverbal nonverbal signals are the largest source of information in interpersonal A jury " reads" an officer's non• messages being sent, communications. In fact, the actual verbal messages during testimony, you can instill words spoken may account for as and these signals can color their per• confidence in the little as 7 percent of a message, while ception of him. Officers should be the other 93 percent comes from non• aware of how positive signals can be testimony you are verbal elements.1 The actual words sent and how negative signals can be giving." used in courtroom testimony probably avoided. carry more weight than these statis• tics indicate, but nonverbal signals still Dress By carry the bulk of the message. The clothing you choose to wear JOHN L. WALTMAN, Ph. D. Nonverbal communication is while testifying may affect the jury's Assistant Professor simply that part of communication that perception of your testimony. The offi• is not verbal. Thus, tone of voice is cer who testifies in civilian clothes Louisiana State University Baton Rouge, La. considered a nonverbal element along should dress conservatively-prefer• with rate of speech, gestures, posture, ably in a suit with a shirt and tie. Sport eye contact, distance, and dress. coats with open-necked shirts and lei• These nonverbal signals may be sure suits are too informal. For consciously or unconsciously sent and women, a conservative dress is more are sometimes sent even when we try advisable than a pants suit. to avoid doing so. The knowledgeable The jury may not take seriously a communicator who knows what mean• person who cannot dress properly. ing people can give to nonverbal sig• When choosing clothes, beware of big nals controls those signals as much plaids. Plaids should not be mixed as possible. with stripes or checks. Beware of Law enforcement professionals flashy colors or mixing clashing use nonverbal cues in their work ev• colors. Do not wear white socks with eryday. Drug enforcement officials a suit, wrinkled clothes, clip-on ties, or and airport security personnel use ties that are too long or too short. profiles of potential offenders for screening. Police officers develop a Proper dressing also demands sixth sense that is actually an acute close attention to details. People per• awareness of nonverbal signals sent ceive a sloppy dresser as a person by suspicious persons. who is also careless in the details he reports during testimony. An officer usually appears in uni• form since the uniform generally makes a person seem more believ• able. The uniform should be neat and pressed with all brass polished. To make the best impression, an officer should not wear unnecessary equip•

March 1984 I 21 ment. A belt with loops filled with a that first impressions are everything. flashlight, mace, a night stick, hand• You want to look like an expert the cuffs, keys on a chain, and a radio first time the jury sees you-the jury makes the officer appear to be ready will be evaluating you from the for quelling a riot rather than testifying moment you enter the room. It pays in court. The extras look cumber• to be familiar with the room you are some, make sitting difficult, and make entering so that you know where you rising even more of a challenge. If you are going rather than hesitating at the are uncomfortable when sitting, you door as if unsure. You should not be will not look your best. chewing gum or smoking. The extra paraphernalia may also Walk confidently to the witness remind the jury of the unpleasant as• chair. If you're carrying your notes or pects of your job and the force that a report, carry them in a fresh file occasionally lies behind an arrest. folder in your left hand. That way, When you're testifying in a case that when you swear in, you won't have to involves aggravated circumstances, switch the folder to your other hand. extra equipment could make you look Imagine trying to regain your compo• like you are on the offensive. A smart sure after dropping the folder's con• defense attorney might ask to exam• tents on the floor. Dr. Waltman ine some of your equipment as you Sit down carefully in the witness discuss your role in an arrest. He may chair. Do not dive into it as if it were a make you sound like a pathological last refuge or an easy chair. monster bent on maiming anyone who After sitting down, place the gets in your way. He may hit the folder in your lap and assume the ap• "slapper" on the witness box or lift propriate listening posture. Rather your flashlight as if it were lead-lined. than leaning back in the chair with An officer is often required to your legs apart, look attentive by lean• wear a sidearm when in uniform, al• ing the trunk slightly forward, keeping though such a departmental policy your arms on the chair's arms and the should be modified for courtroom ap• legs close together. pearance. If the sidearm is optional, it Try not to appear nervous. Rear• should be securely stored with the ing back in the chair or rocking side• rest of the unnecessary gear. Not only to-side betrays your nervousness. You does the gun make sitting uncomfort• should occasionally check your pos• able, it is also seen in a negative light ture which may be sending negative by the jurors. It is important to build messages. For example, some offi• an image of a sensible, objective ob• cers may suggest that they wish to server/reporter. To many, guns sug• flee by leaning far forward with their gest emotionality or violence, and a feet together and under the edge of gun control advocate on the jury may the chair. Only the hands touch the pay more attention to your sidearm chair arm and the elbows spread out• than to you. ward as if the officer were about to spring. Occasionally, an officer will Body Language show fear by sitting sideways in the Of course, dress is not the juror's chair with the center of gravity far only source of nonverbal data. Non• back. Another officer, dealing with verbal communication also comes challenging or hostile questions from from manual and facial gestures, pos• a defense attorney, might assume a ture, trunk movement, and distance. stiff-back posture with clenched fists, Perhaps the most efficient way to dis• suggesting that the officer is about to cuss nonverbal messages is to follow pounce. If you find yourself in anyone your path during the courtroom experi• of these telling postures, try to shift ence, noting what should or should not back to the attentive one. be done at each step. During testimony, you should limit Perhaps the best general sugges• your gestures to only those necessary tion that can be made is to remember for emphasis. When we are nervous,

22 / FBI Law Enforcement Bulletin we sometimes begin to use random top button or pull on her dress hem, I thought he said" or "It was some• gestures that distract from the mes• suggesting an attempt to cover up. thing like that, if it wasn't that exactly, sage. While you may simply be feeling un• you know, I mean . . ." weaken your One should use gestures only comfortable-or maybe there is lint on original position. when appropriate. Pointing can be your uniform-the jury may not per• After being dismissed, you should quite emphatic, especially when iden• ceive it to be innocent. leave looking as professional as you tifying victims or defendants. Counting It is also important to behave the did entering. Unfortunately, once the on the fingers helps emphasize main same way toward the defense attor• pressure of testifying is over, some of• pOints. Holding your hands in a stee• ney as you do toward the prosecuting ficers let their relief show. They saun• ple fashion with the fingertips touch• attorney. Clearly these individuals ter out of the courtroom, occasionally ing is a gesture that suggests confi• have different objectives, but you chatting with people they pass. Some dence. should exhibit your own objectivity plainclothes officers will light up a Be sure to maintain good eye and sense of fairplay by presenting cigarette or even start loosening their contact with the attorney as you are the same demeanor to both. Altering tie as they walk out. This shift in de• being questioned, even when the your approach with the change in law• meanor is harmful because it can sug• questioning gets difficult. Our culture yers suggests that you have a person• gest to some that the officer's testi• places a great deal of value on eye al interest in the case and are not mony might similarly have been contact, which we equate with sincer• being objective. Some may also read "dressed up" for the occasion. The ity. Those who cannot maintain eye the shift in demeanor as discomfort• jury begins to wonder how much of contact suggest that they have some• perhaps something is being hidden. his testimony was true and whether thing to hide. When the defense attorney ap• the officer's sincerity can be put on or The hands and eyes are not the proaches, avoid shifting, giving the taken off at will. only source of clues from the body. body cross, or turning sideways. False Through careful attention to the Nervousness will "leak" unless sincerity and hollow manners will also nonverbal messages being sent, you checked. Nervousness appears in be obvious. can instill confidence in the testimony knee pumping (for women, rapid kick• you are giving. Competent, profes• ing of a crossed leg), finger-drum• sional appearance and bearing auto• ming, fist-making, knuckle-cracking, "Some nonverbal matically affect others' perception of cuticle-picking, and fingernail-biting. signals can suggest the veracity and significance of the These signs are more likely to appear testimony being given. during difficult questioning. Avoid nervousness brought Nonverbal messages, which can these, as well as the body cross-sit• on by deception." comprise up to 93 percent of a mes• ting upright or leaning back with the sage's content, can be read from arms folded tightly across the chest. dress, posture, gestures, and eye con• This indicates an effort to protect our• Attorneys are often knowledge• tact. The knowledgeable police officer realizes the potential of these sources selves. Another sure sign of nervous• able in nonverbal tactics. Do not allow and uses them to maximum benefit. ness is the officer reaching for his these tactics to pressure you into cigarettes and stopping in midreach. saying or doing more than you actual• FBI Some nonverbal signals can sug• ly intend. For example, the officer who gest nervousness brought on by de• is beginning to show his anger might ception. Although their presence does find the defense attorney pointing at not necessarily mean deception, they him almost accusingly or pounding his Footnote should still be avoided. The most tell• fist on the railing to further agitate the Albert Mehrabian. "Communication Without Words:· ing of these signals is the mouth officer. Psychology Today. vol. 2. 1968. p. 53. cover. The speaker covers his mouth A tactic that is quite effective while talking, almost as if to keep the when "fishing" for details or when at• words from getting out. A modified tempting to get a witness to qualify mouth cover is the nose rub. The what he has said is the use of silent speaker rubs the ridge of the nose treatment. After the officer has an• while speaking. Similar nonverbal sig• swered the question posed, the attor• nals that others might perceive as de• ney will merely stand there. When ception are preening-straightening there is silence, we are tempted to the hair or brushing lint off the begin talking again. If, however, the clothes-and closing up-buttoning a answer you gave reflected what you coat, tightening a tie, or tugging at a intended to say, say no more. pants leg. A woman will button her Phrases such as "Anyway, that's what

March 1984 / 23 Entrapment, Inducement, and the Use of Unwitting Middlemen (Conclusion) " ... a person should be able to assert the entrapment defense when it is clear that he was specifically targeted by police for a criminal inducement through a middleman."

By Part I of this article reported the This argument is based upon the MICHAEL CALLAHAN law with respect to the concept of in• notion that because the Government ducement in the entrapment context. set in motion a chain of events by in• Special Agent This included a discussion of whether ducing the middleman to commit a FBI Academy a person could assert entrapment crime, it is responsible for all subse• Legal Counsel Diwsion when induced to commit a crime by a quent unknown parties who partici• Federal Bureau of Investigation private party. Moreover, the concept pate. United States v. Mayo 36 ad• Quantico, Va. of Government inducement was ex• dresses this question. Chamady, an amined. Finally, the question of informant for the Bureau of Alcohol, whether a person could be induced to Tobacco and Firearms (ATF), ap• Law enforcement officers of other commit a crime by an unsuspecting proached Cleary and claimed to be a than Federal jurisdiction who are middleman was considered. The ex• wealthy firearms collector. Cleary interested in any legal issue discussed amination of this latter question, made illegal purchases of two guns in this article should consult their legal begun in Part I, will be expanded, and from Chamady and offered to intro• adviser. Some police procedures ruled a separate "due process" defense duce him to Mayo. Mayo subsequently permissible under Federal will also be discussed. met Chamady and made an unlawful constitutional law are of questionable sale of guns to him. Chamady did not legality under State law or are not suggest to Cleary or Mayo that he Caused Inducement permitted at all wished to purchase the particular A, an informant, induces B, a mid• weapons offered for sale by Mayo. dleman, to commit a crime. C be• There was no indication that Cleary comes involved through B. C cannot passed on Chamady's inducement to show either that B transmitted A's in• Mayo. Mayo offered no proof that ducement to him or that B independ• Cleary independently induced him. ently induced C to become involved. Mayo was indicted for violation of Can C argue entrapment on the assorted Federal firearms laws. At ground that he would not have trial, he requested a jury instruction on become involved if the Government entrapment. The trial judge ruled that had not caused the crime to occur by sufficient evidence of Government in• inducing B? ducement existed but denied the re• quest because Mayo had produced no proof of nonpredisposition. Mayo was convicted, and a Federal appel• late court affirmed. The court agreed with the trial judge that since Mayo produced no evidence of nonpredis•

24 I FBI Law Enforcement Bulletin ______position, he was not entitled to an en• The caused inducement theory is trapment instruction. Moreover, the incorrect for all of the reasons set court agreed with the trial court that forth in the preceding section of this Mayo had met his burden of proof on article. Moreover, it virtually eliminates Government inducement. The court the third-party defendant's burden of observed: establishing inducement. The defend• "Mayo brought the derringers with ant need only point to evidence that him . . . the night he first met the Government induced the middle• Chamady. There was no evidence man and his burden of establishing in• ducement is met. This vicarious in• Special Agent Callahan that Chamady had solicited the derringers or had expressed any ducement theory is not persuasive. The Supreme Court has recently held interest in buying modern weapons in several cases that a criminal de• • from Mayo. Nevertheless, Chamady did set in motion the chain of fendant has no standing to take ad• events that led to his purchase . . . vantage of an alleged police violation of the constitutional rights of an• from Mayo. " 37 (emphasis added) other.39 Similarly, a person not in• The court appeared to approve of the duced by the police should not be idea that Government inducement can able to take advantage of police in• be established based upon a causa• ducement of the middleman unless tion theory alone. the police directed the middleman to Another example of the causation him or to a class of people which in• approach is found in Johnson v. cluded him. United States.38 An undercover police officer furnished a small sum of Instructed Inducement-Specific money to Turner to purchase narcot• Person Target ics. Turner and the officer drove to a A, an undercover agent, induces specific location and Turner left the B, an unsuspecting middleman, to officer's car. He returned later with commit a crime. Part of the induce• Johnson. Johnson handed Turner ment from A to B involves instructions heroin, which Turner gave to the offi• that B should draw C into the offense. cer. Johnson was indicted and con• A has specifically targeted C through victed for selling narcotics. The trial B. Should the entrapment defense be judge denied his request for a jury in• available to C in this circumstance? struction on entrapment and Johnson Case law is in general agreement appealed. The court of appeals re• that a person should be able to assert versed, holding that Johnson's burden the entrapment defense when it is of proof on inducement was met by clear that he was specifically targeted establishing that the officer gave by police for a criminal inducement Turner the money to purchase heroin. through a middleman. For example, in No showing that Turner passed on United States v. Anderton, 40 Pittman the officer's inducement to Johnson began paying bribes to two law en• was necessary. Moreover, no showing forcement officials whom he incorrect• that Turner independently induced ly believed were corrupt. He did this Johnson was required. The court held by implication that the officer caused Johnson to become involved by giving Turner money to buy narcotics.

______March 1984 / 25 "The purpose of the entrapment defense is to offer protection to innocent individuals who are lured into the commission of criminal acts by agents of the Government."

at the suggestion of one of the offi• Another illustration of the third• ested in funding for a mining project. cials. These payments resulted in party target can be found in United He stated that the senator had an un• Federal gambling charges being dis• States v. Williams.42 Harrison A. Wil• disclosed interest in the venture. missed against him. Later, one of the liams, Jr., at the time a U.S. Senator Later, another friend of Senator Wil• officers, Lebredo, asked Pittman if he from New Jersey, was convicted after liams, Sandy Williams, proposed to knew Anderton. Pittman responded a jury trial on bribery and related the undercover agents that Abdul En• affirmatively, and Lebredo told him to charges arising from the ABSCAM in• terprises lend $100,000,000 to the try and convince Anderton to make il• vestigation. ABSCAM was the code group that Senator Williams was asso• legal payments as well. Pittman ap• name for an FBI undercover operation ciated with for the purpose of pur• proached Anderton and suggested which resulted in the convictions of chasing the titanium mine. Senator that he could receive protection for several Federal and local public offi• Williams subsequently met with the his bookmaking operation by paying cials. Williams' indictment alleged that undercover agents and told them that off Lebredo. Anderton began paying he promised to use his official position he was interested in having the mine Lebredo $500 every 2 weeks. Ander• as a U.S. Senator to help obtain Gov• funded and would assist them in any ton was later convicted of bribery. At ernment contracts for the purchase of way possible in getting the project trial, he admitted making the pay• titanium from a mining venture in going. Senator Williams expressed a ments but claimed he did so out of which he held a hidden interest. willingness to try to obtain Govern• fear that his wife and children would These promises by Williams were ment contracts for the purchase of ti• be harmed if he refused. He asserted made in connection with two transac• tanium from the mining venture. Later, entrapment at trial, and the judge al• tions. The first was a proposed loan informant Weinberg endeavored to lowed the jury to consider the de• of $100,000,000 to his enterprise by a make sure that when the Senator met fense. Anderton was convicted, and a fictitious entity known as Abdul Enter• with the sheik, he would make his will• Federal appellate court reversed. He prises. This entity, purporting to be an ingness clear for the benefit of the successfully argued on appeal that enterprise operated for two wealthy television cameras which were to the trial judge improperly instructed Arab sheiks, was the cover of the record the meeting. To achieve this the jury on entrapment. The instruc• ABSCAM operation. The second objective, Weinberg enlisted Errichetti tion read in pertinent part as follows: transaction involved an offer by un• and told him in a recorded conversa• ".. . nor is it possible for a dercover FBI Agents to purchase the tion: " . .. you speak to the Senator defendant to be entrapped by a mining venture from Williams for a . . . all we want to hear from him is private citizen who is neither a sum that would have yielded an esti• that he is going to get us some gov• government officer nor an agent of mated $70,000,000 profit. The Gov• ernment contracts." 43 Later, in an• a government officer ...." 41 ernment produced evidence at trial other recorded conversation, Wein• Anderton claimed that this instruction which disclosed that Angelo Errichetti, berg again told Errichetti that Senator misled the jury into believing that en• then mayor of Camden, N.J., and a Williams must be told that he must trapment was impossible unless the member of the New Jersey Senate, get Government contracts for the tita• inducement comes from an officer or mentioned to Williams that he had es• nium. A third recorded conversation informant. The court agreed and tablished contact with wealthy Arab between Errichetti and Weinberg dis• noted that a finding of entrapment is investors. Throughout the ABSCAM closed that Errichetti had spoken with possible when the inducement to investigation, Errichetti acted as an Senator Williams. Errichetti claimed to commit a crime comes to a targeted unsuspecting middleman. Williams' re• have told Williams that he (Errichetti) defendant through a middleman. action to Errichetti's comment was to had a chance to make a million dol• tell his friend, Feinberg, to contact Er• lars out of the deal and that Williams richetti to see what was gOing on. should tell the sheik that he would try Feinberg subsequently met with Erri• to get Government contracts for titani• chetti, FBI informant Mel Weinberg, um. and an undercover FBI Agent and told them that Senator Williams was inter•

26 / FBI law Enforcement Bulletin ______Based in part upon the above evi• as long as that defendant can show Case law is not in agreement on dence of Government inducement some evidence of nonpredisposition. this point. In United States v. through the middleman, Williams re• The fact that the Government induce• Com;' 44 an undercover agent for the ceived a jury instruction on entrap• ment was relayed to the defendant Internal Revenue Service met with ment. The Government did not con• from an unsuspecting middleman is Anapa and offered to pay him for in• test the fact that Williams had made a immaterial. The Government has se• formation regarding illegal gambling. sufficient showing of Government in• lected its target and furnished to the The agent specifically requested that ducement to receive a jury instruction unsuspecting middleman specific Anapa provide him with the telephone on entrapment. During trial, the Gov• instructions on how to bring the numbers of any individual who would ernment produced substantial evi• quarry in. The fact that the Govern• take illegal bets over the telephone. dence of Senator Williams' predisposi• ment inducement was not relayed to The agent did not specify any particu• tion to commit the offenses charged. the target directly by a Government lar telephone numbers but told Anapa The jury found Williams guilty, and by agent or informant should not prevent he was interested in all the telephone implication, predisposed beyond a him from asserting the defense. The numbers he could supply in this cate• reasonable doubt to commit the of• availability of the entrapment defense gory. One of the numbers Anapa sup• fenses charged. Williams filed an in this circumstance does not operate plied was that of the defendant. The appeal, and a Federal appellate court to automatically enable the target to agent subsequently placed illegal bets affirmed. Williams argued that the trial prevail. The Government is often able with the defendant over the tele• judge erred in allowing the jury to con• to overcome the defense by showing phone. The defendant was indicted sider the entrapment defense at all. that the defendant was predisposed for illegal gambling. At trial, the de• He contended that the Government to commit the crime beyond a reason• fendant testified that he had agreed failed to prove predisposition beyond able doubt. Such targets should not to accept the bets from the agent only a reasonable doubt, and therefore, he be required to offer proof that the after the continued insistence and should have received a directed ver• middleman specifically transmitted the pleading of Anapa, who worked for dict of acquittal based on finding of Government inducement to them. The him as a repairman. The trial judge re• entrapment as a matter of law. The fact that the Government provided fused to submit an entrapment in• court of appeals rejected this conten• specific instructions to the middleman struction to the jury, and a conviction tion and observed that although the to bring in the target, coupled with the followed. The court of appeals af• evidence of Government persuasion fact that he was actually brought in, firmed, stating that although the de• was substantial, the jury was fully enti• should be sufficient proof that the fendant's action in accepting the bets tled to find from the totality of the evi• Government inducement was trans• may have been due to Anapa's insis• dence that Williams was predisposed mitted to the target. tence, Anapa was not a Government to commit the offenses charged. agent. The court held that because The purpose of the entrapment Instructed Inducement-Specific the defendant had no direct contact defense is to offer protection to inno• Group Target with a Government agent, the entrap• cent individuals who are lured into the A, an undercover agent, induces ment defense was not available to commission of criminal acts by agents B, an unsuspecting middleman, to him. of the Government. The entrapment become involved in a bribery scheme. defense should be available to any Part of this inducement involves criminal defendant who is the specific instructions that B should pass along target of a Government inducement the bribery inducement to a specified group of Federal public officials. C, a Federal public official, is brought into the scheme by B. Should the entrap• ment defense be available to C under these circumstances?

------______MMCh1984 I 27 " . . . the 'due process' defense . . . involves claims that Government conduct . . . was so outrageous that principles of fundamental fairness were violated and that the conduct . . . violated the Due Process Clause of the Constitution."

By contrast, in United States v. During this initial meeting, it was The defendants, thereafter, made Jannotti, 45 the defendants received a agreed that $30,000 would be paid to postconviction motions for judgments jury instruction on entrapment under Schwartz, the president of the city of acquittal notwithstanding the ver• similar circumstances. The Jannotti council, if he was agreeable to the dict. These motions were granted by case was one of several cases that proposal of the undercover Agent. the trial judge because entrapment developed out of the FBI ABSCAM in• Lesser sums were agreed upon for was established as a matter of law. vestigation. The key figure in the Jan• any other member of the council who The Government appealed, and the notti case was Philadelphia lawyer was brought into the operation by court of appeals reversed. The court Howard Criden. Criden was an Criden. Criden assured the Agent that reinstated the convictions and held unsuspecting middleman. At the time unless each local public official that the trial judge erred when he of his involvement with Jannotti, he agreed in advance to accept the ruled that there was entrapment as a had already shared in money illegally money, no meeting would be ar• matter of law. The court did not dis• paid to public officials in connection ranged. Eventually, defendant turb the trial judge's decision to give with other facets of the ABSCAM in• Schwartz accompanied Criden to a both defendants a jury instruction on vestigation. Criden was contacted by meeting with the undercover Agents. entrapment. By implication, this deci• FBI informant Mel Weinberg. Wein• A video tape of that meeting demon• sion supports the notion that the en• berg claimed to represent the inter• strated that Schwartz knew he would trapment defense should be available ests of wealthy Arab sheiks and in• be paid $30,000 and that the payment to a defendant when a middleman is formed Criden that the sheiks had ex• would be shared in some way with specifically instructed to pass on a pressed interest in establishing a base Criden. Schwartz was paid $30,000 Government inducement to a targeted of operations in Philadelphia. Wein• during that meeting. Later, defendant group of which the third party is a berg arranged a meeting between Jannotti, a city council member, met member. Criden and an undercover FBI Agent. with the undercover FBI Agents and United States v. Myers 46 pro• At the meeting, the Agent ex• Criden, and at the conclusion of that vides yet another example of group plained that the sheiks were interest• meeting, received $10,000. inducement. One of the principal de• ed in building a hotel complex in Both defendants were indicted on fendants in Myers was former U.S. Philadelphia, but only if they could be Federal charges relating to the al• Congressman Raymond F. Lederer. assured of the friendship of important leged unlawful receipt of money in ex• Lederer was indicted on Federal brib• government officials. The Agent in• change for assurances that they ery charges based upon his alleged quired about the extent of Criden's would use their official positions to receipt of a portion of a $50,000 knowledge concerning local Philadel• pave the way for completion of the bribe. Lederer's indictment came as a phia public officials. Criden responded hotel project. At trial , the Government result of the ABSCAM undercover op• that his law partner, Johanson, was a argued that no entrapment instruction eration. member of the Philadelphia City should be given regarding Schwartz Mel Weinberg, an FBI informant, Council. During this meeting, Criden and Jannotti because they were in• spread word that he had contact with reviewed with the Agent the identities duced by Criden to commit the crime. Arabs who had virtually inexhaustible of various important persons in city The trial judge rejected this contention funds. Soon, Angelo Errichetti, the city government, including defendants and instructed the jury regarding en• mayor and State senator previously Schwartz and Jannotti. The Agent trapment. The judge ruled that Criden described, was drawn into the picture. asked if it was possible to meet and acted with the knowledge and direc• He had no idea that he was dealing deal with these individuals. Criden an• tion of Government agents. Moreover, with an FBI informant, and therefore, swered that he would have to find out the agents were the source of the whether Schwartz and Jannotti were representations which created the in• interested. ducement. In addition, the agents rati• fied Criden's representations to the defendants. The jury returned guilty verdicts against both defendants.

28 / FBI Law Enforcement Bulletin ______fit the classic unsuspecting middle• At trial, Lederer's sole defense acting on its behalf. Nevertheless, man role. Errichetti brought Philadel• was entrapment. At Lederer's request, predisposition is still the key element phia lawyer Criden to FBI Agents the trial judge instructed the jury on in the entrapment formula. Thus, the posing as representatives of Arab entrapment. The jury returned a guilty availability of the defense does not sheiks. Later, Errichetti, Criden, Wein• verdict, and by implication, found Le• mean automatic victory for the de• berg, and the undercover Agents met derer predisposed. A Federal appel• fendant. The defense may still be in Florida. During that meeting, the late court affirmed. On appeal, Le• overcome by proof that the accused group discussed a problem that the derer argued that the Government's was predisposed to commit the crime sheiks might face if a revolution were proof of predisposition was insufficient beyond a reasonable doubt. to occur in their country. It was sug• as a matter of law. The court ob• gested that the sheiks might want to served that the trial evidence fully en• Due Process and Middlemen come to the United States as perma• titled the jury to find Lederer predis• In recent years, a separate de• nent residents if such an event were posed beyond a reasonable doubt. It fense, similar to entrapment, has to happen. Trial testimony was disput• is noted that the trial judge instructed become available to criminal defend• ed regarding who initiated this idea. the jury on Lederer's entrapment ants. It is known as the " due proc• An undercover FBI Agent told Erri• claim even though the initial induce• ess" defense, since it has a constitu• chetti that he thought cooperation of ment came to him through unsuspect• tional foundation and focuses upon public officials would be needed and ing middlemen. the conduct of Government agents. that money would be no problem. The entrapment defense exists to Generally, the defense involves Criden returned to Philadelphia and protect innocent citizens from being claims that Government conduct in told his law partner, Johanson, that drawn into a criminal act by the Gov• particular cases was so outrageous they could make substantial sums of ernment. In Lopez v. United States, 47 that principles of fundamental fairness money if they knew any congressman Justice Harlan wrote: were violated and that the conduct willing to deal with the sheik. Criden "[B]efore the issue of entrapment was so excessive and flagrant that it suggested that Johanson contact U.S. can fairly be said to have been violated the Due Process Clause of Congressmen Myers and Lederer, presented in a criminal prosecution the Constitution. Predisposition of a since he knew both of them. there must have been at least some defendant does not preclude him from Trial testimony disclosed that Jo• showing of the kind of conduct by asserting the defense. hanson met Lederer and briefed him government agents which may well Although the due process de• on the sheiks' immigration problems have induced the accused to fense has been raised on numerous and on a requirement that the con• commit the crime charged." 48 occasions in recent years, it has been gressman personally receive a (emphasis added) rarely successful.49 The Supreme $50,000 payment. Later, Lederer and In the cases examined above, Court of the United States recognized Errichetti met with Weinberg and an Government agents or informants the viability of the defense in two sep• undercover FBI Agent. During that specifically instructed unwitting mid• arate decisions within the past 10 meeting, Lederer agreed to introduce dlemen to convey inducements to un• years.50 However, in both cases, the legislation which would allow the specified persons within a targeted Court . rejected the defense for the sheiks to come to America and ac• group. There is little doubt in these particular defendants based on the cepted a bag containing $50,000. circumstances that the middlemen facts presented. In United States v. become agents of the Government for Russe/,51 the Court rejected a due purposes of the entrapment defense. process argument where an under• When the entrapment defense is cover agent provided a scarce but raised, the Government can hardly otherwise lawful chemical to the de• deny that these middlemen were fendant which assisted him in making a controlled substance. Moreover, in Hampton v. United States,52 the Court refused to find a due process violation

March 1984 / 29 "Undercover operations are doomed to failure if informants and middlemen cannot be used." when a Government informant alleg• The court observed that Weinberg simply spelled out for the senator how edly provided heroin to the defendant was later admonished by Federal to commit a crime, but the coaching and introduced him to undercover prosecutors for having made these involved neither pressure nor persist• agents who arrested him when he comments to Williams. The court ent exploitation of personal weakness. sold it back to them. noted that there was a substantial risk Moreover, Williams' own trial testimo• This defense was asserted by that Weinberg, having been admon• ny was to the effect that he scarcely former U.S. Congressman Michael O. ished for coaching Williams, decided paid any attention to what Weinberg Myers in United States v. Myers.53 On to encourage Errichetti and Criden to said to him. appeal of his Federal bribery convic• undertake similar coaching ventures Crimes involving narcotics viola• tion arising out of the ABSCAM inves• with Myers. Because of this risk, the tions and political corruption are ex• tigation, Myers argued that FBI inform• court decided to consider the sub• tremely difficult to detect. In bribery ant Weinberg gave instructions to two stance of Myers' due process claim. transactions, as with a sale of drugs, unsuspecting middlemen, Errichetti The court rejected the argument, ob• all the participants are criminals and and Criden, regarding what Myers serving: all are generally satisfied with the should say when he met with under• "Even if all of the appellants' result. There is no victim in the tradi• cover FBI Agents. Moreover, Myers evidence is credited, a generous tional sense, one who comes forward claimed the middlemen then instruct• assumption that strains credulity, it and reports to the police what oc• ed him on what to say when he met shows at most that Errichetti and curred. The impact of these crimes on the Agents. In assessing the validity Criden, perhaps prompted by American society is nevertheless of Myers' due process argument, the Weinberg, laid out before each severe. Judge Pratt, the trial judge in court of appeals examined the tran• Congressman a scheme for United States v. Myers,57 perhaps said script of a recorded conversation be• pocketing $50,000 for falsely it best when he declared: tween informant Weinberg and former promising to introduce private "The ultimate victims of drug sales U.S. Senator Harrison Williams. This immigration bills. Suggesting how are the users who become addicted conversation was recorded in connec• easy it is to commit a crime hardly and enslaved to an extra-legal tion with another portion of the establishes a due process system that forces upon many of ABSCAM investigation. violation." 55 them a life of crime, misery, and The court concluded that Wein• The court explained that the bare sug• death. While less dramatic, the berg unquestionably pursued a course gestion to a congressman that he consequences of bribery are more of conduct with Williams that revealed take a bribe does not violate a consti• insidious. No one suffers immediate precisely the sort of coaching that tutional standard that forbids outra• pains; indeed, with a successful Myers claimed happened to him. geous behavior. Moreover, the public bribe, only the participants know it During the recorded conversation, has the right to expect that their occurred. The overall Weinberg told Williams how to con• public officials have sufficient integrity consequences to society, however, duct himself when he met the sheik. not to capitulate to such a suggestion. are very dangerous." 58 Weinberg said to Williams: "You gotta The conviction was affirmed. In order to detect the existence tell him how important you are, who A different Federal appellate of crimes carried out in secret, use by you are, what you can do, and you tell court rejected a due process argu• law enforcement of imaginative inves• him in no uncertain terms without me ment made by Senator Williams with tigative techniques such as undercov• there is no deal, I'm the man. I'm the respect to the above-mentioned re• er operations, informants, and middle• man who's gonna open the doors." 54 corded conversation between himself men is imperative. Drug dealers and and Weinberg. 56 The court concluded public officials willing to accept bribes that Weinberg's coaching tactics did do not deal with strangers. Undercov• not rise to the level of outrageous Government conduct which would vio• late the Due Process Clause of the Constitution. Weinberg's comments

30 / FBI Law Enforcement Bulletin ______er operations are doomed to failure if have with middlemen. Recording all the accused by middlemen. Given the informants and middlemen cannot be such contacts, absent safety consid- purpose of the entrapment defense, a used. In United States v. Russe//,59 erations for the informant or under- defendant should be able to assert it the Supreme Court rejected a due cover agent, will establish that the when the Government selects him as process argument and recognized the Government is not responsible for a target and directs a middleman to difficulty that police encounter in at- outlandish inducements that the de- pass on a specific inducement. tempting to detect drug­related fendant claims­were communicated to Moreover, the same rationale should crimes. The majority opinion specifi- him through the middleman. More- control when the Government directs cally approved of police infiltration of over, such a procedure would operate the middleman to take an inducement drug rings and sanctioned at least lim- to overcome defense claims that the to unspecified persons within a target- ited participation in the unlawful act, Government deliberately failed to ed group. Conversely, the defense including providing some item of value record meetings between middlemen should not be available to a defend- to the defendants in order to gain and operatives, during which improper ant brought into the picture by a mid- their confidence. Moreover, a majority inducements were furnished to the dleman without Government guidance of Justices in Hampton v. United middleman for transmittal to the de- and direction. Finally, the use of mid- States 60 implicitly approved of law en- fendant. dlemen by the Government can raise forcement providing heroin to a de- constitutional due process questions. fendant and arresting him when he Summary For this reason, use of middlemen sold it back to them. A fundamental component of the should be carefully controlled and Nevertheless, law enforcement subjective view of entrapment is the managed and should be done only use of middlemen should proceed concept of inducement. Inducement under the guidance of legal counsel. with caution. Generally, middlemen by a private person, absent Govern- FBI are criminals whose prime motivation ment direction and control, will not is greed. When they carry a message result in the accused being able to es- Footnote. ,. 705 F.2d 62 (2d Cir. 1983). of criminal opportunity from Govern- tablish a claim of entrapment. While 37 1d. at 68. ment agents or informants to prospec- Federal appellate courts disagree on 38 317 F.2d 127 (D.C. Cir. 1963). 39 Rawlings v. Kentucky, 448 U.S. 98 (1980); United tive defendants, the Government is the meaning of Government induce- States v. Salvucci. 448 U.S. 83 (1980); Rakas v. Illinois, not in a position to control what they ment, they all agree that the entrap- 439 U.S. 128 (1978). 40 629 F.2d 1044 (5th Cir. 1980). See alsa People v. say. The Myers case, set forth above, ment defense can be raised by one MCintire. 23 Cal.3d 742, 591 P.2d 527, 153 Cal. Rptr. 237 is evidence of the fact that the use of who is solicited to commit a crime by (1979); United States ex rei. Hassell v. Mathues 22 F.2d 979 (E.D. Pa. 1927). middlemen as a conduit can result in Government agents or informants so ., Id. at 1046 . .. 705 F.2d 603 (2d Cir. 1983). the assertion of a due process de- long as some evidence of nonpredis- .3/d at 615. fense by a defendant. The Govern- position is proffered .. 336 F.2d 856 (4th Cir. 1964) . .. 501 F.Supp. 1182 (E.D. Pa. 1980); rev'd en bane, ment's ability to overcome due proc- Defendants are sometimes in- 673 F.2d 578 (3d Cir. 1982) . ess claims may ultimately depend on duced into the commission of criminal .. 692 F.2d 823 (2d Cir. 1982). ' 7 373 U.S. 427 (1963) whether and to what degree the Gov- acts by unwitting criminals known as

March 1984 I 31 RBYTHE I'BI

Photograph taken 1978 Photograph taken 1981

Wal·Chlu Ng Description Caution Wai­Chiu Ng, also known as Ng Age ...... 27, born Ng should be considered armed Wai Chow, Ng Wai Chiu, Tony Eng, November 26, and extremely dangerous. Tony Wai Chiu Ng, "Tony," (CTC) 1956, Hong Kong Any person having information 0124­0251­6389 (not supported by which might assist in locating this Wanted For: birth records). fugitive is requested to notify Height...... 5'7". immediately the Director of the Interstate Flight­Murder Weight...... 120 pounds. Federal Bureau of Investigation, U.S. The Crime Build ...... Slight/medium. Department of Justice, Washington, Hair ...... Black. D.C. 20535, or the Special Agent in Ng is being sought in connection Eyes ...... Brown. Charge of the nearest FBI field office, with the mass slayings of 13 Complexion ...... Olive. the telephone number of which individuals which occurred during the Race ...... Asian. appears on the first page of most robbery of a private club. The victims Nationality...... British. local directories. had their hands and feet tied, and Occupations ...... Machinist, painter. each was shot in the head numerous Remarks ...... Speaks Classification Data: times. Cantonese; an NCIC Classification: A Federal warrant was issued on avid bowler and March 31, 1983, in Seattle, Wash., CIPMCQPM0902SR 111005 gambler. charging Ng with unlawful interstate Fingerprint Classification: Social Security No. flight to avoid prosecution for the Used ...... 219­70­2014. crime of murder. 2 I 25 W MOM 9 Ref: 25 FBI No ...... 757 533 AA4. =-~-=~~ --~---- S 27 W MO I 25

1.0.4931

Right thumbprint

32 I FBI law Enforcement Bulletin ______Change of ~ORCEMENT Address rBI Not an order form BULLETIN

Complete this form and return to: Name

Director Title Federal Bureau of

Investigation Address Washington, D.C. 20535

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Questionable Pattern

In the Identification Division of the FBI, this questionable pattern is given the preferred classification of a loop with seven ridge counts. However, a closer examination reveals there is a possibility of a complete circuit located in the center of the pattern. A reference search would be conducted as an accidental• type whorl. Official Business Postage and Fees Paid ~ U.S. Department of Justice ~ Federal Bureau of Investigation Penalty for Private Use $300 Federal Bureau of Investigation Address Correction Requested JUS­432 ~

Second Class U.S.MAlL ®

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The Bulletin Notes that Deputy Scott Penrose of the Maricopa County Sheriff's Office, Phoenix, Ariz., received the Distinguished Service Award from the sheriff's office for saving a human life. Deputy Penrose is credited with disarming (at great personal risk) a suicidal person who was threatening members of his family and other officers. The Bulletin joins Deputy Penrose's superiors in recognizing his courageous action.