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, , a a contributing author to the FBI' s Crime Classifica/ ion Manual. 2 and contributed a chapter

to the book Criminal Investigative Failures. 3 I currently serve on the editorial review

board of two professional journals, The Journal o/Ag'.!ression and Violence and The

Journal of'Familv Violence.

4. I hold the following opinions regarding police practices and investigative procedures to a

reasonable degree of professional certainty. Every meaningful analysis of violent crime

begins with victimology, i.e. a study of the victim(s). "Victimology is the collection and

assessment of all significant information as it relates to the victim and his or her lifestyle.

Personality, employment, education, friends, habits. hobbies, marital status. relationships,

dating history, sexuality, reputation, criminal record, history of alcohol or drugs, physical

condition and neighborhood of residence are all pieces of the mosaic that comprises

victimology. The bottom line is, ' Who was the victim and what was going on in his or

her ltf'e al the time of the event? ' ..... Was the victim having any problems? Had the victim

recently expressed any fears? .... Did the victim express any concerns about his or her

security? Was the victim in a relationship? ... Ascertaining the victimology is the key to

4 any successful death investigation.'"

5. FBI Uniform Crime Report data consistently demonstrates that someone known to them

kills most homicide victims. The motive typically stems from an interpersonal conflict

between the victim and offender. Credible homicide investigations begin with the victim

and move out in concentric circles, focusing first on those closest to the victim. The first

2 Douglas, J., Burgess, A. \V. , Burgess, A.G .. Ressler, R.K. (Eels.) . (I 992) Crime Classification Manual: A Standard Svstem for lnvesligating and Classi61ing Violent Crimes: New York: Lexington Books, 3 Rossrno, K. (Ed) (2009) Criminal Investigative Failures: New York: CRC Press; 4 Geberth, V ., (2006) Practical Homicide l;westigation; New York; CRC Press Pg 21-22

.., _) 6

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that our behavior and decision making are influenced by an array of such psychological

undercurrents and that they are much more powerful and pervasive than most of us

realize. The interesting thing about these forces is that, like streams. they converge to

become even more powerf .u I .,-6 ·

11. Tunnel vision is a narrow focus that unduly limits the range of alternatives. It is

insidious and can result in the elimination of other suspects who should be investigated.

Events that could lead to other suspects are eliminated from the officers' thinking as well.

Getting locked into a mindset is a consistent thread in analytical and investigative

failures. Premature closure, which is closely associated with tunnel vision, results when

investigators make early judgments about the resolution and then defend those initial

judgments tenaciously, limiting the scope of the investigation. Premature closure, " .. . can

lead an investigator to select subsequent evidence that supports the favored solution and

to reject evidence that conflicts with it. " 7 There is a tendency to put more weight on

evidence that supports the hypothesis than evidence that weakens it, and we tend to

remember those things that support what we believe. "Arresting the first likely suspect,

then closing the investigation off to alternative theories, is a recipe for disaster; tunnel

vision bas been identified as a leading cause of wrongful convictions. "8 Belief

5 The Innocence Protection Ac! r?f 2001. a bipartisan bill that failed to make it through Congress, would have required states to investigate reasons for wrongful convictions, publicize them, and find ways to prevent such errors from reoccurring. 6 Brafman & Brafman (2008); Sway: The Irresistible Pull

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a Manitowoc County detective was recorded asking if Mr. A very had been taken into

custody yet. (TT:2/12: 151, attached as Exhibit L to this affidavit). This is a strong

suggestion that investigators had shifted to a suspect-based investigation with Mr. Avery

as that suspect. An important pointed related to this is that well trained and supervised

law enforcement officers should have ensured that Manitowoc County authorities were

not involved in this investigation due to an obvious conflict of interest. Mr. A very had

filed a $36 million dollar lawsuit against Manitowoc County alleging that they had

wrongfully convicted him of a rape for which he had served nearly 18 years in prison.

22. There is evidence that voice messages were deleted from Ms. Halbach's voice mailbox

after her death and before law enforcement initiated their missing person investigation.

To do so required one to have the password to Ms. Halbach's voicemail account. Mr.

Hillegas is one individual who knew Ms. Halbach's username and password and assisted

law enforcement in accessing her Cingular Wireless account to obtain a list of her phone

calls dw-ing the relevant time period. (TT:2/13: 159, attached as Exhibit M to this

affidavit).

23. Mr. Hillegas became improperly embedded into the investigation of Mr. Halbach's

disappearance. By serving as primary liaison between the victim ·s family and law

enforcement, he was in a position to monitor law enforcements' investigative efforts as

well as become directly involved in some of those effo11s, such as helping coordinate the

citizen search effort as noted above.

"The police commenced and carried on their investigations, not.for the pwpose offinding ow who was the guilty party. but for the purpose (~[finding evidence against Edalji. who they were ulready sure was the guilty man. " (Case o{George Edalji: Commission o,/'lnquiry, 1907, as summarized by commission member Dr. Arthur Conan Doyle).

11 24. Investigators are the gatekeepers for the rest of the criminal justice system. At their best,

investigators can protect us fi:om some of society's most dangerous predators. At their

worst, they can create and perpetuate egregious injustices. "Investigators must keep an

open mind about how to interpret data and evidence until they have gathered as many

facts as possible. At its inception an investigation should be multidimensional. No single

hypothesis ( or suspect) should be either embraced or eliminated until all pertinent facts

and evidence have been collected and thoroughly examined." 11

25. Well-trained investigators would have conducted an exhaustive victimology, i.e. a study

of the victim. This is especially important in cases like this where the victim's lifestyle

included risk-enhancing behaviors as noted above. Instead of starting their investigation

with the victim and moving out in concentric circles, which would have included her ex-

boyfriend, Mr. Hillegas, among others, investigators quickly and improperly limited the

universe of suspects down to one, Mr. A very. Investigators overlooked indicators that

Mr. Hillegas should have been investigated as a suspect. The fact that he injected himself

into the investigation was one such factor. The fact that he had observable injures similar

to scratch marks on his hands immediately after the homicide is another factor. The fact

that he falsely identified to police during the investigation and made wmuthorized entry

to the crime scene are other factors. In summary, this was a substandard investigation in

which investigators became ensnared by tunnel vision, confirmation bias, group think and

other cognitive biases all of which compromised the integrity and objectivit)' of the

investigation.

11 McCrary, G. (2009) Who Murdered Stephanie Crowe in Criminal Investigative Failures; New York; CRC Press

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!Cl AF training, Forsyth, Georgia, June 9-13, 2008. Crime Scene Reconstruction (Post Certified) American Psychology and the Law Society (AP-LS); March 5-7 San Antonio, Texas; False Confessions; Eyewitness Fallibility; SVP's and Sex Offender types, Child Molesters, Pedophiles and Pornography; Use of Informants Institute of Law, Psychiatry and Public Policy, University of Virginia, Charlottesville, VA. April 17, 2009; Risk assessment o(Sexuallv Violent Predator.L Paraphilias, NOS -: Rape and Coercion. - Current Controversies Institute of Law, Psychiatry and Public Policy, University of Virginia, Charlottesville, VA. April 24, 2009; Assessing Malingering and Waiver o(Miranda Rights. Implications for criminal and civil litigation • ICIAF lraining, Myrlie Beach, FL May 3-7, 2010: Violence Progression in Paraphilics: False allegations; Sexual Homicide,· Serial Murder; Victims ' Reaction to Sexual Violence. Crimes Against Children Conference, Dallas, Texas August 9-12, 2010 Assessing Risfs.for Violence in Juveniles: University of Virginia, Institute of Law, Psychiatry and Public Policy, February 25, 2011. • Advanced: Police_Custody and Interrogation of.Juveniles. University of Virginia, Institute of Law, Psychiatry and Public Policy, November 4, 2011. • American Society o(Criminology Round Tables on Criminal Investigative Analysis and Wrongful Convictions. Washington, DC November 17-18, 2011 • Master Class: Investigative Interviewing using PEACE model; International Investigative Interview Research Group (i!IRG) Toronto, Ontario, Canada May 22-23 2012 • ICIAF Conference Forsyth, GA September 10-14, 2012; Psychopathy and advances in Crime Analysis. • TAG Seminar, Washington DC; September 16-17, 2013:

> Principles of Workplace Violence Prevention > Safe Hiring > Assessing and Managing Workplace Threats > Personality Disorders and Workplace Violence > Mental Illnesses and workplace Violence > Domestic Violence and the Workplace > Stalking and Cyberstalking > Safe Termination of End Stage Employees > Problematic Former Employees > Protection of Targeted Victims > Active Shooter Situations > International Issues

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County Police Sex Crime 1nvestigators Training Seattle, Washington

Olympia, Washington Yakima, Washington May 6-10, 1991

New York City Police Advanced Homicide Detective Training Featured Speaker May 1991 New York, NY

FBI National Academy Retraining Seminar Violent Crime Rochester, New York, June 23-26, 1991

Marymount University Psy Chi National Honor Society for Psychology Guest Lecturer "Inside the Violent Mind". Arlington, VA - October I, 1991

FBI National Academy European Chapter Violent Crime Investigation Brussels, Belgium November 1992

First International Symposium on Criminal Investigative AnalysisPrincipal Instructor and Coordinator Vienna, Austria - October 1993

Policia Judiciare National Police Academy of Portugal Investigating Violent Crime Principal Instructor Lisbon, Portugal - November 1993

Cuerpo Nacional De Policia National Police Academy of Spain Investigating Violent Crime Principal Instructor Avila, Spain - December, 1993

Hungarian National Police Investigating Violent Crime Principal Instructor Budapest, Hungary - .lune I 994

French National Police Investigating Violent Crime Principal Instructor - Paris, France - June 1994 Gregg 0 . McCrary Page 6

California District Attorney's Association l 0th Annual Homicide Symposium San Diego, California: January 1995

Defense Research Institute Premise Liability re Violent Crimes Boston, Massachusetts May 25-26, 1995

Pacific Coast Labor Law Conference Seattle, Washington Workplace Violence Prevention June 7-9, 1995

Grand Rounds University of Virginia Medical School Charlottesville, Virginia November 8, 1995

Center for the Study of the Mind and Human Interaction University of Virginia Charlottesville, Virginia - January 17, 1996

Defense Research Institute Premises Liability for Violent Crimes San Diego, California March 27-29, 1996

Association of Trial Lawyers of America Premises Liability for Violent Crimes Mega Seminar Las Vegas, Nevada February 1997

Defense Research Institute Premises Liability for Violent Crimes New Orleans, Louisiana: April 10-11, 1997

FBI National Academy International Retraining Symposium Burlington, Ontario Canada July 14- 15, 1997

Northeastern Association of Forensic Scientists White Plains, New York October 17, 1997

Employers Reinsurance Corporation Violent Crime Seminar San Francisco, CA Oct. 27, 1997 Gregg 0 . McCrary Page 7

Atlanta Apartment Association Premises Liability - Violent Crime Seminar Atlanta, Georgia, May 20, 1998

"The Violent Mind" Nova Southeastern University (APA accredited) Ft. Lauderdale, Florida June 20 - 21, 1998

Association of Trial Lawyers of America lnadequate Security Litigation Group National Convention Washington, D.C. - July 13, 1998 institute of Continuing Legal Education in Georgia Premises Liability-Violent Crime Seminar Atlanta, Georgia- November 5, 1998

Annual Claims Exposition & Conference Premises Liability - Violent Crime Presentation St. Louis, Missouri - November 13, 1998

Eastern Analytical Symposium Criminal Profiling Somerset, New Jersey - November 18, 1998

American Academy of Forensic Sciences Panel Member Suicide and Equivocal Death Investigations Orlando, Florida - February 15, 1999

Nova Southeastern University The Violent Mind (APA Accredited)

Orlando, Florida - February 27-28, 1999 Miami, Florida- May 15-16, 1999

Burns fnternational Security Seminar Las Vegas, Nevada; September 13-15, 1999

Henry C. Lee Institute of Forensic Science Cold Case Homicide Workshop University ofNew Haven January 11-13, 2000

Northern California Fraud Investigator's Conference Monterey, California April 11, 2000 Premise

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September Aspen, August

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Banff, January

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Arlington, University

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(CAPL)

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Professionals Gregg 0. l'vlcCrary Pg. 10

FBI Profiling and the Criminal Mind March · 1, 2004

Nova University Homicide Presentation for Law Enforcement Miami, Florida March 26, 2004

Nova University Homicide Presentation for Law Enforcement Las Vegas, Nevada April 2, 2004

Markle Symposium Henry Lee Institute of Forensic Science Foxwood Resorts Ledyard, Connecticut April 5-6, 2004

Advanced Markle Symposium Cold Case Homicide Workshop Henry Lee Institute of Forensic Science University of New Haven April 7-9,2004

Atascadero State Hospital Presentation to staff re violent offenders Atascadero, California May 3, 2004

Public Defenders Service Washington D.C. Interview/Interrogation Techniques Dynamics of False Confessions May 17, 2004

Delaware State Police I 0th Annual Homicide Conference Dover, Delaware December 5-9, 2005

Nova South Eastern University Ft. Lauderdale Florida Crime Analysis and Criminal Profiling January 21-22, 2006

Henry C. Lee Institute of Forensic Science Cold Case Homicide Seminar University of New Haven April 24-27, 2006

November November

June June

Colloquium; Colloquium; October October

Mind Mind

November November

October October

the the

National National

June June

National National

Training Training

presentation presentation

Panel Panel

CLE CLE

September September

Cold Cold January January

State State

Virginia, Virginia,

Office Office

San San

Florida Florida

Violent Violent

American American

University University State State

Henry Henry Panama Panama Gregg Gregg

September September

Invited Invited

Saskatoon, Saskatoon,

Anaheim

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January January

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2008 2008

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Crime Crime

Police Police

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August I, 2012 College and University Police and Investigators Conference (CUP IC) Fairfax, VA. - Criminal lnvestigative Analysis and Failures

October 29, 2012, Elon University, Elon, N.C. Criminal Investigative Analysis and Failures

February 27, 2014 - Institute of Law, Psychiatry and Public Policy, University of Virginia, Juveniles in the Criminal Justice System: Best Investigative Practices.

March 7-8, 2014; Training for homicide investigators from the Massachusetts State Police, Boston Police and prosecutors from the Suffolk County, Mass. District Attorneys' Office re Best Practices for investigations.

September 19, 2014 - Law Enforcement Conference, DeSaies Univeristy.

November 3-6, 2014 Smokey Mountain Law Enforcement Conference, Gatlinburg, TN

May 13-14,2016 - International Academy of Investigative Psychology, New York City Cognitive Biases; Noble Cause Corruption and Investigative Failures

.lune 16, 2016 - !CIAF: FBI Academy, Quantico, VA Cognitive Biases; Noble Cause Corruption and Investigative Failures

October 4th and 6th 2016 - Stockholm, Sweden, Swedish Police Authority (Polisen) Cognitive Biases; Noble Cause Corruption and Investigative Failures

OPERATIONAL SUPPORT OF MAJOR INVESTIGATIONS

Agent McCrary has been a consultant to law enforcement agencies both nationally and internationally in over I 000 cases involving sexual homicide, serial murder, rape, arson, child abduction, child molestation, threat assessments and other violent crimes.

October 24, 1987 On-site consultation, Toronto, Canada re the homicide of Margaret Mc Williams

November 9-11, 1988 On-site consultation, Little Rock, Arkansas re the abduction of infant Christopher Michael Jones from a hospital.

November 21-23, 1989 On-site consultation, Toronto, Canada, re "The Scarborough Rapist"

January 12, 1989 On-site consultation with the Massachusetts State Police, New Bedford, Mass. re serial murder of prostitutes.

February 7, 1989 On-site consultation, prosecutive strategy re John William Doughty (kidnapping and attempted murder) St. Paul, Minnesota

April 26, 1989 On-site New Bedford, Massachusetts re serial killing of prostitutes.

November November

November November

cases cases

consultation consultation

November November March-April March-April

Catherines

October October

November November

October October

May May

August August

Kansas Kansas of of

investigation investigation

September September

January January

New New

Multi-State Multi-State

murder murder November November

At At May May

March March

September September

April April

April April Gregg Gregg

December December

August August

Rapist). Rapist).

investigation investigation

December December

Page Page

Ontario, Ontario,

Morristown, Morristown,

13 13

-

1993 1993

York. York.

0

22-23, 22-23,

27, 27,

June June

. .

18, 18,

City

27-29, 27-29,

investigation. investigation.

1992 1992

McCrary McCrary

9-11, 9-11,

1992 1992

16-22, 16-22,

1989 1989

, ,

-

26

1992 1992

5-8, 5-8,

13-15, 13-15,

1993 1993

3-8

1992, 1992,

24-26, 24-26, 4-6, 4-6,

12-18

Canada Canada

of of

Ontario Ontario

Conference Conference

, ,

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re re

1991 1991

1993 1993

(Signature (Signature

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Kansas Kansas

Dr. Dr.

1991 1991

, ,

1992 1992

1989 1989

Leslie Leslie

1991 1991

serial serial

Vienna

1991 1991

1991 1991

On-site On-site

New New

1989 1989

1990 1990

-

-

, ,

at at

Ernst Ernst

April April

and and

At At

1989 1989

1991 1991

-

Multi-jurisdictional Multi-jurisdictional

Brussels Brussels

Canada. Canada.

At At

Suffolk Suffolk

Phoenix, Phoenix,

chi chi

Charleston, Charleston,

Lisbon, Lisbon,

Jersey Jersey

Vancouver, Vancouver,

On-site On-site

Mahafley

On-site On-site

27-29, 27-29,

, ,

Newark, Newark,

Waco, Waco,

Austria Austria

Geiger Geiger

3, 3,

consultation consultation

fCIT fCIT

and and

Id Id

Crime Crime

Greenville Greenville

1992 1992

molester. molester.

case case

re re

AP AP

Belgium Belgium

County County

1989 1989

Consultation Consultation

Po1tugal Po1tugal

consultation consultation

Texas Texas

Arizona Arizona

kidnapping kidnapping

and and

, ,

Analysis). Analysis).

with with

New New

On-site On-site

Kristen Kristen

presentation presentation

consultation consultation

SC SC

BC BC

Magistrate Magistrate

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South South

re re

Dr. Dr.

re re

consultation consultation

New New

Jersey Jersey

and and

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re re

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sexually sexually

task task

Branch Branch

consultation consultation

French French

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the the

Carolina Carolina

Amsterdam Amsterdam

York York

of of

serial serial

re re

with with

consultation consultation

force force

Multi-agency Multi-agency

and and

Sidney Sidney

mass mass

murders murders

consultation consultation

with with

Thomas Thomas

Davidian Davidian

and and

Royal Royal

homicides homicides

sadistic sadistic

Police

murder murder

case case

re re

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murder murder

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Thomas Thomas

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of of

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Vienna Vienna

killings killings

Police Police

presentation presentation

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of of

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serial serial

case case

NY NY

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Ronquist Ronquist

Rica. Rica.

serial serial

Rochester

Province Province

Temple. Temple.

homicide homicide

murder murder

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December 1993 - At Avila, Madrid and Barcelona, Spain re unsolved homicide and serial rape investigations

December 1993 - At Babenhausen, Germany re abduction and sexual homicide of a two-year-old female.

March 1994 - In Florida and Alabama re Frank Potts serial murder investigation

March of 1994 - In Mexico City assisting Mexican authorities re assassination of Presidential Candidate Luis Donaldo Colosio

June 1994 - At Graz Austria - provided expert testimony re Jack Unterweger, Serial Murderer.

June 1994 - At Budapest, Hungary re unsolved homicides and rapes with Hungarian National Police and Budapest Homicide .

June 1994 - At Paris, France re unsolved homicides

September 1995 - At Morristown, New Jersey re Nicholas Muscio homicide investigation

January of 1996 - At Somerville, Massachusetts re Edward O'Brien homicide investigation

April of 1997 - Testified the transfer hearing of Edward O ' Brien in a homicide case for the Middlesex County Prosecutor May of 1998 - At Ventameglia and San Remo Italy re on-going serial murder Investigation

July 29, 1998 - At University of Virginia, Institute of Psychiatry, Law and Public Policy, re serial murder investigation in Perth, Australia (Macro Task Force)

September I 999 -At Barre, Ontario Canada with an Australian Multi-Agency Task force investigating a series of sexually sadistic homicides committed by a group of offenders.

March 31 - April 3, 2000 - Testified in the Sam Sheppard civil trial in Cleveland, Ohio.

March 2003 - Testified in Alaska v. Wade, Anchorage Alaska. (Sexual Homicide)

May 4, 2004 - Testified in San Diego, CA in State v. Richard Raymond Tuite (Child Homicide)

January 16-19, 2006 - State of Alaska v. Betsy Hester- Domestic Homicide Kenai, Alaska

May 22-24, 2006 - United States Marine Corps v. Joyce - Equivocal Death; False Confession San Diego, CA

June l 3-22. 2006- Fukushima Prefecture, Koriyama City, Japan re unsolved homicide of Asemi Yamagishi

September 6, 2007 -Testified before Governor Kaine's Commision regarding the "Norfolk 4" casein Richmond, Virginia Gregg

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Mr. McCrary has worked with numerous victims groups throughout the United States and has served as a member of the national advisory board for Parents of Murdered Children.

Agent McCrary has provided expert commentary for such media organizations as NBC, ABC, CBS, Cable News Network (CNN), The Today Show, Good Morning America, Nightline, 60 Minutes, Dateline, 48 Hours, Larry King Live, The Discovery Channel, BBC, RTL Television in Germany, Japanese National Television and other national and international programs. He has also provided expert opinions to print media including Time, Newsweek, U.S. News and World Report, The New York Times, The Washington Post, The San Francisco Chronicle, The Toronto Star, and "Psychologie" Magazine in the Netherlands among others.

FBI ASSIGNMENTS

FBI Academy, Quantico, Va. 1988-1994 Behavioral Science Unit National Center for the Analysis of Violent Crime/Critical Incident Response Group

Types of Crimes: Threatening Communications and Extortions Product Tampering Homicide (Serial, Mass, Sexual, Domestic, etc.) Rape, child molestation and other sex crimes Stalking Arson White Collar Crime Foreign Counterintelligence Kidnapping and Abduction Bank Robbery Organized Crime and Drug Trafficking Services: Criminal Investigative Analysis (Including Profiling) Threat Assessments Violence Risk Assessments Interview and Interrogation Techniques Expert Testimony

Training and Research Investigative Strategy and Indirect Personality Assessments

Buffalo Field Division, 1977-1988

White Collar Crime Foreign Counterintelligence Threats and Exto1iions Kidnapping and Abduction Bank Robbery Gregg 0 . McCrary Pg. 18

Sex Crimes Homicide Hijacking Undercover Assignments Organized Crime Drug Trafficking Expert Firearms and Defensive Tactics Instructor Special Weapons and Tactics Team Leader

New York City Field Division. 1971-1977

Foreign Counterintelligence Organized Crime Bank Robbery Homicide Hijacking Threats and Exto11ions Homicide Kidnapping and Abduction Undercover Assignments Loan Sharking and Gambling

Detroit Field Division, 1970-71

Bank Robbery Kidnapping and Abduction Homicide Threats and Extortion Organized Crime Hijacking, Loan-Sharking and Gambling