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The Crime Scene

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The Crime Scene 11/18/2013 Got Cars? Demonstrative Evidence & Visual Trial Theory Investigation & Prosecution of Vehicular Homicides Warren Diepraam Montgomery County District Attorney’s Office Vehicular Crimes Cases The Crime Scene • High Profile • Highly Emotional • Location? • Highly Likeable Defendants • Move Along? • High Degree of Expertise • Cleared Scene? • Highly Complicated • Police Attitudes? Question? • Evidence? What Evidence? No, Really! What Evidence? • Photos • 911 Calls • Maps • Medical Records • Photos • Diagrams • Autopsy • Charts • Insurance Records • Measurements • Reconstruction • Receipts • Cars • SFSTs • GPS Data • Phones • Blood Evidence • Dispatch Recordings • OnStar / AAA Roadside • Blood • Videos • Civil Documents • Cell Phones • Social Media • Internet Posting • Social Media • Statements • Doctor’s Records 1 11/18/2013 Got the Evidence –Now What? Learning Types • Demonstrative Evidence vs. Exhibits • Kinetic Learners = 5% • Predicates • Auditory Learners = 30% • Rules of Evidence • Visual Learners = 65% Kinetic • Publishing & Presenting 5% –Trial Fusion (www.trialfusion.net) Auditory –PowerPoint 30% Visual 65% • Consider . Visual Learners Introduction ‐ Visual Facts You MUST Make It Visual! Sounds Fun, But . • We Don’t Have the Equipment. – Forfeiture Funds? – Grants? – MADD or Other Organizations – Beg, Borrow, or Buy Your Own – Go “old school” and blow it up! = WINNING! 2 11/18/2013 When You Can –Bring It In! Photos –Key Points • Quantity? • Quality? • Get there Fast! • All the Evidence. • Think Outside the Box. • Consider the Defenses. Good Photo of Damage Better Photo of Damage Good Photo of Scene Good Photo of Scene 3 11/18/2013 Better Photo of Scene Better Photo of Scene Some Beer… Wine Cooler… 4 11/18/2013 Still Cold… Here’s Why DNA On the driver’s seat . and the wheel. It’s my Car’s Fault… 5 11/18/2013 Looks fine to me? Just Another Excuse Are You? Quantity vs. Quality Quantity vs. Quality Quantity vs. Quality 6 11/18/2013 Quantity vs. Quality Quantity vs. Quality Move To Better Lighting VICTIM DEFENDANT Drinking Locations Drinking Locations 7 11/18/2013 Don’t Forget These…. Follow Up Booking Photos Maps –Key Points GOOD. BETTER. BEST. • Consider the Source. • Careful with Formatting. • Do not take the place of photos. • Add to them for enhanced effects. Where to find them? Maps • The internet • Map Making Companies • Law Enforcement & Gov’t Agencies –Tax Assessor’s Office –Appraisal & Flood Control Districts www.maps.google.com 8 11/18/2013 Maps Maps www.terraserver.com Last Resort? Mitchell’s House Nguyen’s House Smith’s House Debris Field Pole Impact State’s Exhibit 26 A Path of Travel / Speed Calculations Toll Plaza #1 @ 2:45:30 a.m. Drive Time at Speed Limit = 10 Min State’s Exhibit Defendant’s Drive Time = 90 27 MPH Toll Exit to Bellaire @ 2:52:30 a.m. & Crash 9 11/18/2013 Maps – Tyler Diagrams and Charts Crash Location Bar • Don’t Make More Complicated than Data. • Keep very simple. • Easy to Read. • Use to Summarize. Wrong Way Sign Do Not Enter Sign State’s Exhibit 96 HOT = BEND Stopped for red light HOT = BEND Arakawa ran red Claren Damaso light Bricyn Afong SCHOOL ST Old 105 HWY 10 11/18/2013 Crash Data Retrieval Throttle position in %, shown wide open‐70%‐ closed (idle) Vehicle speed shown at 57‐65‐62‐55‐47 MPH DPS Speed 1: 117 MPHEngine speed shown 4032‐4160‐2304‐1088‐ DPS Speed 2: 93 896 RPM Brake switch status shown from off to on State’s Exhibit 2 Total Station (Bring it in) Chevron Walgreens 249 North Hardin Store Road 249 South Presenting DNA 11 11/18/2013 Swab from wheel Clay Abbot Swab from driver’s seat Clay Abbot 1 IN 2,298,000 Caucasians 1 IN 3,123 Caucasians D D D A D D D D D A D D D 8 3 1 m 8 3 1 1 1 m T T e 5 2 T T e 5 S S 9 v l S S 3 6 9 v l F H P S 1 H P S 1 1 S W o 1 1 S S S W o G 0 O g 8 S 0 O g 8 1 3 4 A e 1 3 3 5 4 A e A 1 X 1 1 1 X 1 7 5 3 n 7 5 1 3 3 n i 8 1 i 8 9 8 3 n 9 8 7 9 3 n D D D D D D A D D D D D D A D D C D m D D D C D m D 8 3 1 1 2 1 8 3 1 1 2 1 2 7 S T T 1 e 5 2 7 S T T 1 e 5 S S 3 6 S 9 v l F S S 3 6 S 9 v l F 1 S F H P 8 o S 1 S F H P 8 o S 1 1 S S 1 S W G 1 1 S S 1 S W G S 8 1 0 O S g 8 S 8 1 0 O S g 8 1 3 3 5 3 4 A e A 1 3 3 5 3 4 A e A 1 2 P 1 X 5 n 1 1 2 P 1 X 5 n 1 State’s 7 5 1 3 3 3 i 7 5 1 3 3 3 i State’s 1 0 O 1 8 Exhibit 5 1 0 O 1 8 9 8 7 9 8 3 n 9 8 7 9 8 3 n Exhibit 5 Reconstruction Evidence Skid Marks –Key Points Skid Marks: an elongated stain • Can Get Complicated. in the rear of • Keep It Simple. one's underwear • Show the basics. caused by poopy • Give some background. pants • Make It VISUAL! Types of Skids Skid Marks –marks made by tires that are not rotating. Skip Skid –short choppy, usually made by a bouncing tire. Characteristics of Skid Marks Gap Skid – segmented with gaps between segments. Skid Marks Curved Skids – continuous but slightly curved. Wheel Motion Slide, No Roll Overlapping Skids –rear tire marks over front marks. Operation Braking Skuff Marks –tires that are still rotating (sideslip, impact, acceleration scuffs). Number From 4‐Tired Vehicle Mostly 4, Also 1, 2, 3 Yaw Marks – rolling tire is sliding sideways. Right & Left Tires Equally Strong Front & Rear Tires Front Stronger Squeegee Marks –tire as it wipes moisture from road. Width If Straight, Same As Tire Erasing –removal of dirt or debris by wiper action of skidding tires. Beginning Usually Abrupt Shadow –faint tire mark preceding the darker skid mark. End Usually Abrupt Tire Print –imprint in soft dirt or sand made by a rolling tire. Striations Always Parallel to Mark Other Details Outer Edges of Ten Stronger Furrows – mounding of soft material (dirt, snow, grass) made by skidding tire. Length 1 to 500 Feet Jog, Offset –irregular mark caused by sudden change in direction (usually impact). Scallop –irregular mark caused by flat tire. 12 11/18/2013 Anticipate Defenses and Rebut Them Use Diagrams to Explain Before the Defense Defendant’s Tire Marks Flat Tire Marks Length: 188 feet Impending Skid Shadow Skid Put It All Together G r a v i t y Both Tires Locked=.80 = 3 Length: 188 feet 2 SQUARE ROOT OF: 32 x 188 x 0.80 = 69MPH Diagrams for Difficult Concepts Horizontal Force Drag Factor Weight F 2000 lbs f 0.50 w 4000 lbs Direction of Force 2000 lbs 4000 lbs State’s Exhibit 182 13 11/18/2013 Tibia Direction of Force DIRECTION OF FORCE State’s ROADWAY SURFACE State’s Exhibit Exhibit 181 187 Collinear Collisions Opposite Direction DIRECTION OF FORCE Same Direction FRICTIONAL FORCES ROADWAY SURFACE State’s Exhibit 188 14 11/18/2013 MINIMUM PRE‐IMPACT SPEED OF COBALT = 93 MPH Vericom (x?) + ( x x ) Weight Pre‐Impact Weight .276 SOLVE FOR = 4952 Speed = 13 = 3105 Approach = Angle ( x x )+ ( x x ) Weight Minimum Depart Weight Minimum Depart = 3105 Post‐Impact Angle = 4952 Post‐Impact Angle Speed= 41 .927 Speed= 39 .988 State’s Exhibit 75 State’s State’s Exhibit Exhibit 5 5 15 11/18/2013 SFSTs –Key Points Horizontal Gaze Nystagmus • Help to Understand. • They Need to See It. • In Court Demos. • What’s the Purpose? Hawk‐Eye Video HGN Demonstratives HGN How does HGN apply to driving? Left Eye Right Eye (1)________ ________ Lack of smooth pursuit (2)________ ________ Distinct & Sustained at Maximum Deviation (3)________ ________ Onset Prior to 45 Degrees Number of Clues Indicating Intoxication: ______ 4 TOTAL CLUES: ______ 6 16 11/18/2013 HGN= Here Goes Nothing Walk & Turn (1)_____ Can’t balance during instructional phase (2)_____ Starts too soon (3)_____ Stops while walking (4)_____ Steps off line (5)_____ Doesn’t touch heel to toe (6)_____ Uses arms to balance (7)_____ Wrong number of steps (8)_____ Improper turn (or loses balance on turn) Number of Clues Indicating Intoxication: ________2 TOTAL CLUES: ________5 17 11/18/2013 One Leg Stand (1)_____ Sways (2)_____ Hops (3)_____ Puts Foot Down (4)_____ Raises Arms for Balance Number of Clues Indicating Intoxication: ________2 TOTAL CLUES: ________3 18 11/18/2013 Put it all together. Signs of Intoxication - Blood .15 - Lying ‐ “No” Open Containers & “ 2 Beers” - Lost Control of Vehicle - Inappropriate Actions - Refuses Portable Breath Test Beyond A Reasonable Doubt - Refuses One Leg Stand - Refuses Walk & Turn - HGN 6/6 Clues - Swaying - Admits to Drinking “A LOT” - Attempts to Hide Poor Balance - Cannot Follow Instructions Probable Cause - Slowed Ability to Comprehend & Answer Questions - Slowed Movements & Reactions - Bloodshot, Glassy Eyes - Strong Odor of Alcohol Beverage on Breath - Slow, Hesitated, Deliberate Steps Reasonable Suspicion - Speeding & Not Using Blinker 19 11/18/2013 Blood & Breath Evidence – Key Points • Scrutinized by Defense Attorneys.
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