Today’s Investigative Special Report – December 24, 2012 “Dealing With Today’s Law Enforcement Specialized Investigations” “The Night Before Christmas Law Enforcement Is Still On The Job”

English: United States Internal Revenue Service Criminal Investigation Division Badge (Photo credit: Wikipedia)

By Lawrence W. Daly, MSc

Forensic Expert – Senior Author

There are only a few professions where no matter what day or time it is someone will be working. These obligations and responsibilities are public employees e.g. fire personnel, medical personnel; from medics to surgeons, all types of military and law enforcement officials, and so many other professions. Without them there would be many serious consequences occurring.

Imagine the United States not having anyone guarding the borders, the military and law enforcement deciding to take the day off and enjoy the holidays. The men and women who work in these professions are dedicated, sacrifice, courageous, relentless, and so many other gracious personality traits. We need them to be on the job at all times, no matter what Federal holiday it may be.

Most citizens take for granted that while their enjoying one of the Federal holidays others are working and taking care of so many responsibilities that without them no holidays would be possible.

Seniority is very important in the public employees and military professions. Determining if you get to enjoy the holiday with your family or your cohorts generally depends upon the number of years people have been working on the job. Most people no matter what their profession have to go through a process, the rite of passage, a customary process and practice. Each person begins at the bottom of the ladder and over the year’s climbs to the top of the ladder.

This rite of passage provides many professionals to look forward to when their day will come and they can put in for vacation and no one will be in front of them when it comes to seniority. There is nothing inappropriate with a rite of passage, it has been around for centuries and allows everyone the opportunity to bare the responsibilities of making sure everything is safe and sound so others can enjoy their holiday.

The law enforcement profession has a multitude of responsibilities to fulfill 24/7. The Special Operations Divisions (SOD) who generally works Monday through Friday with the administrative staff and management officials generally do not work on Federal holidays. The division’s which must work is the Patrol Operations Division (POD) and Criminal Investigative Division (CID).

The Patrol Operations Division (POD) is the Division responsible for reactive patrol. The calls for police service from the community may be reduced but this depends on the specific holiday. There is a ripple effect in the demand for public services. Holidays such as the Fourth of July, Thanksgiving, Christmas, and New Year’s Day bring about an increase in the drinking of alcohol and drug usage, which then in turn brings about an increase in physical violence, drinking under the influence while driving, robbery, and other violent type crimes.

Children who are sexually assaulted by a relative rarely disclose that they were assaulted as they are full of shame and guilt and don’t want to ruin the holiday. Children believe they will be the person to cause the family to collapse and become concerned that they will be responsible for their mother, father, step-father, grandfather, or some other family member to go to jail.

Silence by the victim in child sexual assault cases speaks loudly for what a child has to endure until someone steps-up to the plate, listens to her, and they eventually reports the assault to law enforcement. If the assault is reported to law enforcement the detectives who are assigned to the Sexual Assault Unit (SAU) generally are not designated to work Federal holidays or if someone has to work one of the designated shifts, the number of detectives assigned to work would be minimal.

Most law enforcement agencies don’t have the manpower or the budget to have detectives from their Criminal Investigation Division (CID) assigned to work around the clock. Therefore, reactive patrol’s supervisors will need to make the decision to have one of the detectives called out to the crime scene. This also entails anyone in the Criminal Investigation Division (CID) who performs specific functions such as crime scene processing.

If a child is sexually assaulted and law enforcement is contacted, reactive patrol will respond to the call and ascertain what information has been developed in reference to the allegations. If the alleged perpetrator is a family member who lives in the home with the alleged victim, then several things need to happen. Until the investigation is performed by the detective the alleged perpetrator needs to find a place to go or child protective services needs to be called to take custody of the alleged victim. Protecting the child is of the utmost importance when sexual or physical assaults or neglect has been alleged.

Every State has their own child protection services laws as to who has the responsibilities of protecting the child’s safety and the accused Constitutional Rights. Child Protective Services (CPS) doesn’t have any law enforcement authority, therefore if a child is to be removed because the non-offending parent will not provide a safe and secure environment from the alleged perpetrator, law enforcement by law has to remove the child at that point and take custody of her. Law enforcement has the right to place the alleged perpetrator at the crime scene under arrest if they believe they have probable cause, but arresting him may prove to be a tactical mistake. CPS can request an administrative warrant from the court to remove the child, but law enforcement will have to accompanying them in order to take custody of the alleged child victim.

Reactive patrol in a serious sexual assault such a violent rape of a child should contact the on-duty CID supervisor so the proper detective can be altered of the situation and requested to respond. The detective must make decisions of what his responsibilities will be upon arriving at the crime scene. He will have to give the officers at the scene investigative responsibilities such as performing collateral interviews, protecting physical, biological, and trace evidence which may be immediately visible, and so forth. Until the crime scene technicians arrive at the crime scene no one is allowed to be inside the crime scene. Contamination is vital to maintaining the integrity and credibility of the evidence which may link the alleged victim and perpetrator together.

All major crimes which occur on Federal holidays should follow the policies and procedures which have been outlined in the above child sexual assault case. Although the more serious the type of crime, the policies and procedures may be similar but the personnel needs may change. The more serious the crime there will be a need for additional personnel and experts in reference to the specific crime committed.

The issue of which professions have to work shift work goes back to the above earlier statements. The surprising Bureau of Labor Statistics demonstrate just how many professions are willing or are forced to work different shifts than day shift. According to their statistics in 2001 14.5 million full-time wage and salary workers, 14.5% of the total work force were working a variety of shifts other than day shift.

In the criminal justice system there are a multitude of shifts available to work. The standard 7-3, 3-11, and 11-7 are the standard day, swing, and graveyard shift, working five days on and two days off. Some law enforcement officers are assigned to similar shifts but over the past several decades some law enforcement agencies have adjusted shift work making the shift hours longer e.g. 10 to 12 hours and the number of work days a week shorter e.g. working three and having four days off. These types of shifts in the criminal justice system have proven to be of value. There are less officers who call in sick, the less days of work give the impression that the officer has more time off; with the extra one or four days off per week, the officer are mentally, physically, healthy as the job is not consuming their lives. The stress and anxiety which causes serious health issues is reduced because the officer is allowed to expend time away from the job, more time to be with their family, and so forth.

Tonight, is Christmas Eve and there will be many law enforcement officers working a variety of shifts from the east to the west, from the north to the south. Most cities which are large enough have someone watching over it, making sure if an emergency occur someone will be there to take care of the situation. Another year which has brought us to a wonderful time of year and from me and the staff we want to wish all of you a “Merry Christmas and a Happy New Year.” If you see any person from the criminal justice system working make sure you take the time to stop and tell them how much you appreciate them and what they do for you and your community.

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Today’s Investigative Special Report - September 26, 2012 “Dealing With Today’s Law Enforcement Specialized Investigations” “Is Law Enforcement Justified In Arresting Parents For Child Endangerment?”

By Lawrence W. Daly

Forensic Expert Senior Author

Are you responsible to know where your children are 24/7 and if you don’t how much supervision is required under the law? It seems logical and reasonable that children under the age of twelve need constant supervision, where maybe children twelve and above don’t. If you fail to supervise your child and you are investigated by law enforcement officials for child endangerment should you go to jail?

parents (Photo credit: Mystic Lens)

In La Porte, Texas, Tammy Cooper, a stay-at-home mother was arrested recently after one of her neighbors called the police and reported that Ms. Cooper’s children were riding their motorized scooters unsupervised, in an area where there were vehicles coming and going. Ms. Cooper was arrested and spent 18 hours in jail, before being released. She was initially charged with Child Endangerment, but those charges have since been dismissed.

Cooper has now filed a law suit naming her neighbor and the police officer who arrested her. Individuals and organizations are standing behind Cooper stating that children need freedom in order to have a positive child development.

In Manhattan, NY Tori Grady was charged with failure to exercise control of a minor. Her four year old son, Chase, was found by a superintendent of a building wondering around unsupervised. When police arrived they were unable to locate the child’s parents and he was taken to the police station.

Grady told police she allowed Chase to sleep on the couch, went to b

ed and was arrested and charged. Later, after neighbors started a petition to release Grady, the police acquiesced, dropped the criminal charges, and returned Chase to her.

Are the Cooper and Grady situations isolated incidences or are they a problem for law enforcement and Child Protective Services across America? The answer is not a simple one. Most cases of child endangerment deal with parental decisions to allow their children, no matter the age, to leave their home and play outside the home with whoever unsupervised.

The story about “When I was growing up I was allowed to play outside from dusk to dawn” may have worked years ago, but statistics provide us with a more reasonable and logical approach to this ever growing problem. Let us look at some of the considerations:

Years ago, the amount of traffic in residential areas was minimal compared to the vast amount of traffic which comes in and out of residential areas today. In the last ten years, just over 7,600 pedestrian were killed by motor vehicles while 29 were killed by cyclists. Over the same period, 364,000 pedestrians were injured by motor vehicles, almost 76,000 (or 21%) of them seriously while cyclists injured just over 2, 600 with roughly the same proportion (22%) being considered serious (Fitch, 2009).

Years ago, the amount of play areas were less likely to cause injury, i.e., some of the residences today have structured play areas which have playgrounds where a child could be injured or killed and these playgrounds, depending on the child’s age may require supervision. Some of these play areas have trampolines which are one of the most dangerous toys a child can play on. A study by Brown Medical School reported that trampoline injuries this decade have doubled compared to last decade. They reported that over ½ million kids were treated in emergency rooms for home trampoline-related injuries between 2000-2005, this according to Dr. Gwenn Schurgin O’Keefe, a pediatrician in the Boston area.

Years ago, the numbers of pedophiles living in a neighborhood were minimal compared to now which has never been so great. In many of the neighborhoods there can be anywhere from 10 to 700 pedophiles living in a community depending on the residential layout. Strangers perpetrated 39% of violent victimizations in 2010. The possibility of a stranger coming into a neighborhood where a child is playing increases the risk of the child becoming a victim. In Jan 23, 2012, there were 747,408 registered sex offenders in the United States, according to Reason.com, 2012.

English: Bullying on IRFE in March 5, 2007, the first class day. (Photo credit: Wikipedia)

Years ago, there was a lack of education about the dangers a child faces when dealing with other children. Sexual bullying is a major concern now in society, which generally goes unreported. Sexual molestation and rape amongst peers is not uncommon. In a recent SAFE survey, teens in grades sixth through 10^th grade are the most likely to be involved in activities related to bullying. About thirty percent of students in the United States are involved in bullying on a regular basis either as a victim, bully, or victim (Bully Statistics, n.d.). A Wiki.answer.com survey states 10% of children will be victims of bullying (2012).

Years ago, most parents did not have many concerns about their children playing outside their residences because depending on the residential layout homes were not located next to each other and children were easier to supervise. Today, homes are built closer together, and some parents have the belief that one of the parents will be monitoring the children as they play, so they don’t have to check-in on what their child is up to. Unfortunately, this belief is an incorrect belief. Most supervision is being conducted from the computer room. Most parents are either glued to the computer or television and rarely check on their children.

Years ago, parents would provide guidelines about what the child could do, could not do, and the times to check in and be home. Today, parents are flexible, in they have the belief that the child is knowledgeable and educated where they can make the decision when to come home or check-in.

Years ago, crime was being committed at a lower rate than it is today. Children are prime targets for aggressive and older children or adults and are more likely to become a victim of a crime. In 2009 the total number of childhood firearms accidents and gun related homicides was 389.

Years ago, children from one home generally consisted of brothers and sisters playing outside. Today, with one to two children per household, the likelihood that someone is watching over each other in a group of peers is unlikely. According to a Stanford University study the number of children has been under two per household for most American households (Williams, 2012).

Years ago, parents worked an eight hour shift and were home generally at the same time every day and one of the parents stayed at home to take care of the children. Today, parents either work at their homes, which keeps them pre-occupied, or both of the parents work long hours and the latch key children are free to do whatever they want. There are several studies about how many hours people work each week in the United States. It is estimated that most individuals work around 55-60 hours a week and online another 20 hours of fun work a week for a total of 75-80 hours. According to Jareb Collins, Yahoo! Contributor Network, in October of 2006 stated that, “Every day, as many as 77 percent of American youth are labeled by a special definition: Latchkey Kids.”

Years ago, communications between children was by picking up the house telephone and calling a friend to meet them at a specific location, where the parent was advised where they would be. Where today, children communicate by their smart phones and meeting at different locations can occur by the child receiving a text. The problem with this is sometimes children fail to advise their parents where they will be at. If the child needs parental assistance communicating or locating them may be difficult.

The outrage that has occurred in the Cooper and Gray case may be isolated incidences, but what about the situation where the child is abducted, raped, or murdered because the child was left to roam the streets. In the State of Washington approximately 20 years ago, a mother sleeping on her couch, allowed her seven year-old son play outside where he rode around the neighborhood. The child who was unsupervised rode the bike out of the neighborhood into an area where transients were known to be. The child ran into one of these transients and the child was castrated.

When society allows children to make decisions without constant supervision the likelihood that the child will be injured, harmed, murdered, or accidentally killed is greater. Most parents would argue that they can’t be with their child 24/7 and that when they were a child they were allowed freedom to explore and have fun. Falling down was part of growing up, but they made it through their childhood.

The statement, “That was then and this is now” is right on point. Imagine if something would have happened to the Cooper or Gray children. Many would argue that the parent was neglecting their responsibility as a parent. Parents need to make sure that the environment the child is to play in is allowed only after rules and boundaries are put in place in order to minimize the risks to the child.

There are no easy solutions to how one person may parent their child. In reference to the Cooper and Gray stories there will be individuals and organizations who are first to stand up and say the neighbor and police were over reaching and that what happened to these two mother’s was unfortunate. Both of these mother’s story had happy endings.

Should Cooper who is suing receive financial compensation for being the parent she wasn’t at that time and place, this author thinks not? As a former police officer, I responded too many times to residences where children were missing, abducted, raped by a neighbor, abused by a peer, and so forth. My question each time was when these things were happening to the child where the parent was and if the child had been properly supervised would this have happened? Before people jump to conclusions, think about the ‘what ifs’ and then if you must judge, and you have a child, think about ‘what if’ my child had been injured or killed because I had to stay inside and watch my favorite soap opera or surf on the Internet.

The outraged individuals who believe Cooper and Gray are victims of over-zealous neighbors and law enforcement officials need to think if these types of situations are over reaching, need to consider the above statistics. Each complaint of child endangerment needs to be investigated thoroughly and completely with a competent and intelligent investigation using common sense, reason, and logic. The decision to criminally charge someone for any criminal complaint needs to be taken seriously by all of the parties involved. The ultimate decision by law enforcement officials should and needs to come down to the safety of child at the moment of the lack of supervision and should the parent have provided the necessary supervision at all times.

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Today’s Investigative Special Report August 17, 2012 “Dealing With Today’s Law Enforcement Specialized Investigations” “Did Law Enforcement Learn From The Jerry Sandusky Case”

By

Lawrence W. Daly

Most organizations find themselves always catching up in the training and education of their personnel. It is no different in the professional community of law enforcement. With an ever changing world law enforcement needs to be trained, educated, competent, and intelligent in every aspect of their organization. When it comes to specialized investigations law enforcement must be on top of their game.

With the Jerry Sandusky case behind the criminal justice system, law enforcement had the opportunity to take a case where there were multiple victims, witnesses, and perpetrators and learns from it. Sandusky acted alone in reference to the sexual assaults but the individuals who surrounded him could be seen as culpable as he was because they failed to report the sexual abuse.

In the late 1980’s in the State of Washington the reporting of child sexual abuse by the Department of Social Health Services i.e. the division of Child Protective Services failed to report allegations of sexual assaults on children to law enforcement. With the assistance of Senator Linda Jackson and the King County Sheriff’s Departmentthe law for reporting child sexual abuse was changed.

The confusion in the Washington State law in the 1980’s was the reporter of the alleged child sexual abuse could call either child protective services or law enforcement. The law changed the manner in which the reporting was conducted. The new law took away the problem by making it mandatory for child protective services to report any and all reports they received immediately to law enforcement and vice-versus.

The amount of work tripled for both agencies, however, the need to protect children from sexual and physical assaults had to be the number one consideration. The need for change in the 1980’s was a learning lesson not only for those in the criminal justice community, but for other states who were dealing with their own method and techniques to deal with the reporting of child sexual assaults.

By the time the Sandusky sexual assaults occurred the reporting of child sexual assaults was no longer an issue. Those who were responsible to report any reasonable suspicion that a sexual assault had occurred involving a child had to report the assaults. Sandusky’s superiors knew what he had done and the incident which was witnessed by then assistant coach Mike McQueary was reported to his supervisors and by the Pennsylvania state law the language of who has to report the sexual assault is clear.

McQueary’s immediate supervisor would have been the head coach Joe Paterno. This situation was something Paterno could not have delegated. In fact under the law of reporting sexual assaults, Paterno had a duty to report the incident to the authorities.

It is alleged that President Graham Spanier, former Vice President of Business and Finance Gary Schultz, and former athletic director Tim Curly allegedly failed to report the sexual assault incidences because they wanted to avoid the consequences of bad publicity. Therefore, these three men and others allegedly concealed facts relating to Sandusky’s sexual assaults to authorities and the University’s Board of Trustees.

The criminal trials of Schultz and Curly will take place in the immediate future. Due to the Sandusky conviction it is unlikely that these men who were part of the cover-up would be able to receive a fair trial.

The law enforcement officials who worked the Sandusky investigation need to take the information of how they handled the investigation to make the outcome a positive and successful learning experience for their profession. If law enforcement shares the methods and techniques to other law enforcement officials and agencies, which were utilized in a multiple victim, witness, and perpetrators criminal investigation everyone wins.

The ability to communicate between law enforcement officials from the bottom to the top what investigative steps were utilized can be performed in many ways. The law enforcement officials who experienced firsthand how complex investigations should be conducted need to provide in writing i.e. articles, protocols, and other methods what they achieved from the time the report was made to the conviction of Sandusky.

The communication of methods and techniques should not stop at the investigative level. Those in the criminal justice system e.g. corrections, prosecutors, counselors, and etc. should convey to others in their professions specifically what their role was from the beginning to the end.

Too often the criminal justice system has to wait until one of the parties involved in the investigation authors a book before how the case unfolded, was investigated, and prosecuted. This is a poor way of communicating information which promotes competence and intelligence.

The need to broadcast success in the criminal justice system needs to vocalize the victory loudly. There are too many criminal cases which eventually go to trial and the number of success stories is minimal. The need to communicate in a profession where communication is generally limited has never been in such great need and demand. With budgets cutting training and education, what someone finds successful in law enforcement should be shared in any way possible to other law enforcement agencies and officers across the globe. If law enforcement learned anything positive or negative from the investigation of the Sandusky case, the need to share the investigative methods and techniques is now.

Lawrence W. Daly           

steppingstones.ws

206-650-0229

ld@steppingstones.ws

Puyallup, WA

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