Truth Be Told. Whitman: Game, Set, Match FALL 2017

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1 FALL 2017 THE CRIMESCENE NEWSLETTER OF THE LAKE COUNTY CRIME LABORATORY BY ROBERT SBERNA The various entities in a criminal investigation police, prosecutors, forensic scientists, and others each have different functions, but all share a common goal: to seek the truth. During the course of an investigation, discovering the truth is often supported by the work of the forensic scientists. Objective analysis of evidence can help determine the outcome of a case, whether it s helping to convict a perpetrator or eliminating an innocent suspect. In Lake County, prosecuting attorneys and defense attorneys alike are grateful for the accurate, impartial forensic science provided by the Lake County Crime Laboratory. I ve always liked criminal cases in which the Crime Laboratory is involved because I know they are not trying to favor one side or the other, said Lake County Public Defender Charles Grieshammer. They give the science, and whichever way (CONTINUED ON PAGE 3) Truth Be Told Trace Evidence Expert Dave Green providing testimony in court. Photo courtesy of The News Herald Whitman: Game, Set, Match BY ROBERT SBERNA On May 11, 2014, Jane had enjoyed a pleasant Mother s Day at her Madison Township home. After a visit from her son in the afternoon, she began preparing dinner at 6 p.m. for herself and her boyfriend, who was expected home soon. While chopping vegetables, she answered a knock at her kitchen door. A man who introduced himself as Chris told her he was a friend of her boyfriend and he had stopped by for a visit. Since Jane didn t know Chris, she asked him to wait in the driveway. But when Jane turned away from the door, Chris pushed his way into the house. He forced Jane into her bedroom, where he beat and raped her. When Jane s dog began barking, Chris ran (CONTINUED ON PAGE 5) PAGE 1

2 THE CRIMESCEN E FAL L 2017 Frequently Asked Questions This Column Answers Questions Commonly Asked of our Scientists ANSWERED BY SCIENTIST DAVE GREEN EXPERT IN TRACE EVIDENCE EXAMINATION Q: If the Ignitable Liquid Detecting Canine alerts at a fire scene, why do I need to collect the fire debris and have laboratory analysis conducted on the evidence? that are not produced by an ignitable liquid and have not always responded when an ignitable liquid accelerant was known to be present. If an investigator feels that there are indicators of an accelerant, samples should be taken even in the absence of a canine alert. The Ignitable Liquid Detection Canine is an indispensable tool for any fire investigator and should be utilized when available. The canine is trained to discern between burnt materials (e.g. wood and carpet) and ignitable liquids. The forensic scientist, utilizing the gas chromatograph/mass spectrometer, has the ability to separate and identify various types of liquids, such as gasoline, lighter fluid, and kerosene, from the burnt debris. ASTM approved standard practice scientific methods, such as ASTM (CONTINUED ON PAGE 7) A: The Ignitable Liquid Detecting Canines are used as a tool to assist in the collection of fire debris evidence by locating potential areas at the scene that may contain an ignitable liquid. Subsequently, the Lake County Crime Laboratory analyzes the evidence collected and identifies the components detected, such as an ignitable liquid, which indicate a possible arson. National Fire Protection Association s (NFPA 921): Guide for Fire and Explosion Investigations (2017), the standards used by Fire Investigators and accepted by the courts, states the following with regard to the use of a canine: Canine Teams. Properly trained and validated ignitable liquid detection canine/handler teams have proven their ability to improve fire investigations by assisting in the location and collection of samples for laboratory analysis for the presence of ignitable liquids. The proper use of detection canines is to assist with the location and selection of samples In order for the presence or absence of an ignitable liquid to be scientifically confirmed in a sample, that sample should be analyzed by a laboratory. Any canine alert not confirmed by laboratory analysis should not be considered validated Research has shown that canines have responded or have been alerted to pyrolysis products Accelerant Detection K-9s Ian and Tahoe. PAGE 2

3 Truth Be Told Continued from Page 1 it leads, it doesn t matter to them. Grieshammer recalled a case several years ago in which a defendant who he was representing benefitted from the testimony of Dave Green, a Crime Laboratory trace evidence expert. In that case, there was an issue of whether someone had fired a gun at the defendant s car, which then provoked return fire from the defendant. Green analyzed the car and indeed found bullet fragments lodged in the defendant s windshield. Green s lab work and his honest testimony provided a very critical fact that saved my client from spending the rest of his life in prison, said Grieshammer. He ultimately was convicted of a lesser charge, which was appropriate. While forensic evidence is not always necessary to prove a case, the presence of DNA, fingerprints, and trace evidence can be pivotal, said Jenny Azouri, of the Lake County Prosecutor s Office. As an example of the power of forensics, she referenced a Lake County case she prosecuted. We had witness statements and the victim seemed believable, said Azouri, an assistant prosecuting attorney in the felony division. The suspect was arrested and the investigation moved along. But DNA results started coming in that didn t support the victim s statement. We realized that the pieces of the case weren t falling into place the way they usually do. Based on the Crime Laboratory s scientific analysis, Azouri began to have doubts about the suspect s guilt. She decided to confront the victim. It turned out that the victim was not being truthful, she said. The science didn t lie. We dismissed the case and immediately got the guy out of jail. If not for the forensic evidence, that guy s life could have been ruined. Noting that a prosecutor s job is to do justice, Azouri said, Justice is making sure that the right person is held accountable for a crime. With justice as a paramount objective, it s important that judges and juries have access to forensic science that can help assess a defendant s guilt or innocence, said Azouri. She recalled a recent aggravated robbery/ home invasion case that involved a gun: I called Ray Jorz, the Crime Laboratory s firearms expert to testify. Ray told the jury that he processed the gun used in the crime, but he didn t find any usable fingerprints. Ray s test result was evidence that the jury needed to hear so that they didn t speculate that someone else s prints were on the gun. Azouri added that the (CONTINUED ON PAGE 4) THE CRIMESCEN E FAL L 2017 Judge Culotta observing questioning of a witness by Assistant Prosecuting Attorney Patrick Condon. Photo courtesy of The News Herald PAGE 3

4 THE CRIMESCEN E FAL L 2017 Forensic Expert Kimberly Gilson providing testimony in court. PAGE 4 Photo courtesy of The News Herald Truth Be Told Continued from Page 3 defense attorney in the case attempted to discount Jorz s testimony by noting that he and other Crime Laboratory scientists typically testified for the prosecution. However, Ray told him that he didn t testify for either side, he testified for the evidence, she said. Jorz s unbiased, scientific focus reflects the mission of forensic analysts, said Lake County Crime Laboratory Director Linda Erdei. Our main purpose is to seek the truth through scientific facts, she said. All the test results that we generate are based on the science. Erdei noted that the popularity of CSI and similar TV shows has conditioned today s jurors to expect forensic evidence in all criminal cases. It s gotten to the point that if there are no scientific results, we sometimes have to explain to jurors why there was no evidence left behind at the scene, she said. In response to jurors increased interest in forensics and the growing complexity of forensic science, the Crime Laboratory has ramped up its educational resources for Lake County s criminal justice community. We are available any time for prosecutors and defense attorneys alike who have questions about test results or the science behind the results, said Erdei. We believe that attorneys can do a better job if they understand the science. They can then ask better questions in court to help the jury understand the significance of the evidence. Lake County attorney Richard Morrison has made several visits to the Crime Laboratory while representing criminal defendants in drugs and firearms cases. Whenever we have a question about forensics during a case, we ve been able to make an appointment to meet with the scientists, said Morrison. Dave Green and Doug Rohde (the Crime Laboratory s supervisor of chemistry and toxicology) and the other scientists are always very helpful. They tell it like it is. They want to seek truth. Crediting the culture of transparency that exists at the Crime Laboratory, Morrison said, The scientists are fair and they don t hide anything. The big thing is that we are always welcome to discuss a case with them. The Crime Laboratory s open-door policy has always extended to law enforcement officers, said Erdei. We help them in understanding forensic science so that proper justice is served, she explained. The science will point police to the perpetrator, and it will also eliminate innocent people as suspects. For area law enforcement agencies, the Crime Laboratory not only offers learning opportunities but also inperson collaboration with scientists and timely processing of evidence submissions. Willowick Police Detective Greg Spakes admitted to being spoiled by convenient access to the Crime Laboratory. The lab is a huge asset to law enforcement and the citizens of Lake County, he said. A major benefit of having the lab is that the scientists will come out to a crime scene and assist us with collecting the evidence that police need to arrest perpetrators and have them prosecuted. Spakes said the Crime Laboratory s speedy processing of evidence compares very favorably to the turnaround time of the State of Ohio s Bureau of Criminal Investigation ( BCI ). Evidence submitted to BCI can take up to six months for processing, while the Crime Laboratory can deliver results within a month, he said. If it s an emergency situation, the analysts will work as efficiently as they can and possibly have results in less than a week, said Spakes, adding that fast turnaround can have a dramatic impact on an investigation. He recounted a Willowick (CONTINUED ON PAGE 7)

5 Whitman: Game, Set, Match from the house, grabbing Jane s cell phone and $24 as he left. Chris attack was over in moments, but he left Jane with a lifetime of recurring nightmares. He also left DNA that would enable Lake County Crime Laboratory scientists to tie him to the crime. The scientists work on the case began shortly after the attack was reported to Madison Township Police. The Crime Laboratory Director Linda Erdei, Dr. Karen Zavarella and Rebecca Silverstein were called to the crime scene to help police officers collect latent fingerprints, trace evidence, and blood-stained bedding and clothing. While the scientists processed the crime scene, police detectives interviewed Jane s boyfriend and learned that the attacker, Chris, was most likely his former coworker Christopher A. Whitman. Police also learned that Whitman, a 41-year-old Ashtabula County resident, had been living with his girlfriend in Madison Township. The Madison Township Police Department was actively investigating an assault reported earlier that day by Whitman s girlfriend and asked that she contact them if she heard from Whitman. Shortly after 7 p.m., Whitman s girlfriend dialed 911 to report that he was at her house. Madison Township Police arrived within minutes and captured Whitman after a brief foot chase. Contents of Defendant s pockets including Victim s cellphone and $24. Continued from Page 1 Although police found Jane s cell phone and $24 in Whitman s pockets, he vehemently denied involvement in the rape or ever being at her house. As detectives questioned Whitman, Jane was taken to Lake Health s Madison Emergency Department, where she was treated by nurses specially trained in forensic examination of sexual assault victims. The nurses documented Jane s injuries and collected physical evidence including hair, fibers, blood samples, and bodily fluids. That evidence was submitted to the Crime Laboratory, along with material collected from the crime scene and DNA samples taken from Jane and Whitman. Crime Laboratory testing showed that Whitman s shirt contained traces of Jane s blood. Analysts then tested bodily fluid found on Jane s thighs and also on Whitman s underwear. In both cases, the substance contained Jane s DNA and a second uninterpretable DNA profile. That type of DNA mixture is not unusual in sexual assault cases, explained Zavarella, a forensic analyst who holds a doctorate in molecular biology. In these types of cases, a lot of the evidence contains a mixture of DNA from the female victim and the male suspect, she said. When that happens, the DNA is predominantly female. If there is a male contributor, it is often masked by the female contribution. Initially, the Crime Laboratory used conventional autosomal testing to process the DNA evidence. However, in order to isolate the male DNA, the scientists utilized Y-STR (Short Tandem Repeat) testing, a process that looks specifically at the male Y chromosome. Noting that the Y chromosome is only carried by men, Zavarella said that it is passed from father to son. Because everyone in that male lineage has the same Y -STR DNA profile, it s not as discriminating as autosomal DNA testing, but it s a useful tool, she said. The Y-STR testing did, in fact, indicate that Whitman s DNA was found on Jane. When Whitman, who had maintained his innocence in the case, was confronted with the DNA evidence, he agreed to plead guilty to rape and felonious assault. On September 22, 2014, he was sentenced to 17 years in prison by Lake County Common Pleas Court Judge Richard L. Collins, Jr. Charles Cichocki, the Lake County assistant prosecuting attorney who handled the Whitman case, said the Crime Laboratory s (CONTINUED ON PAGE 6) THE CRIMESCEN E FAL L 2017 PAGE 5

6 THE CRIMESCEN E FAL L 2017 Whitman: Game, Set, Match Continued from Page 5 quick and thorough work was a critical element of the plea agreement, Whitman denied being at the house and denied knowing the victim, said Cichocki. The test results by the Crime Laboratory, however, were difficult for Whitman s attorney to refute. The scientists took the extra step of doing Y-STR testing and found Whitman s DNA profile on the victim s legs. At that point, it was game, set, and match. The DNA results forced the plea. In Cichocki s view, the Crime Laboratory plays a significant role in making the Lake County criminal justice system more effective. He explained that in many criminal proceedings, prosecutors have little more to rely on than eyewitness descriptions of a defendant s clothing and appearance. However, there is always wiggle room with eyewitness testimony, he noted. There is also the psychological phenomenon of witnesses filling in facts that they aren t sure of. When you have scientific evidence, as we did in the Whitman case, it cuts off any avenue of escape for the defense team. Science is always more certain than eyewitness testimony. While Zavarella agreed that forensic science can have a powerful impact on a criminal case, she said the Crime Laboratory s work is just one element of a law enforcement investigation. Sexual assault evidence collection kit and contents. After being found guilty of Rape and Felonious Assault, Whitman was sentenced to serve a prison term of 17 years. You have to take all aspects into consideration, including the police work and the scientific evidence, she said. In a rape case, for example, the scientific evidence does not prove that an attack occurred. It doesn t prove how the evidence got there. It can only show what evidence is present or is not present. The evidence can corroborate or dispute a suspect s statement to police. In the Whitman case, he said he didn t touch the victim, but the evidence contradicted that. Zavarella added that Madison Township Police and Jane deserve credit for promptly seeking care at the Madison Emergency Department. It s really important that victims get to a hospital for a sexual assault examination as soon as possible, she said. Since evidence deteriorates, it s of extreme importance that it gets collected quickly. It s also crucial that victims preserve evidence by not bathing or washing their clothes before they are examined. As a final thought, Zavarella urged sexual assault victims to be open and candid with nurse examiners. I m sure the victims want to put the details of the attack out of their mind. A victim may be embarrassed to talk about what happened, but the nurses are there to help. For example, if an attacker licked a body part, the saliva may not be visible to the naked eye, but there may still be DNA evidence there. It s important that the nurses check for any evidence that can help police officers and forensic scientists do our best. PAGE 6

7 Frequently Asked Questions Continued from Page 2 standard E Passive Headspace Concentration with Activated Charcoal, must be utilized to make the determination as to whether or not an accelerant is found in the debris. This particular method extracts the ignitable liquid onto a charcoal strip using heat. A liquid chemical is then added to the charcoal strip and subsequently tested on the gas chromatograph/mass spectrometer, which then separates the components into individual ions. The forensic scientist then evaluates these results and can classify the type of accelerant, if one is determined to be present. Lake County police departments, fire departments, and residents are very fortunate to have a certified Ignitable Liquid Detection Canine to assist in the collection of evidence. Our county is one of the few counties in the State of Ohio to have their own canine. Our current canine s name is Ian, and his handler is Lt. Gordon Thompson from the Painesville Township Fire Department. Ian is an ATF trained and certified detection canine who responds to fire scenes not only in Lake County, but also Geauga, Portage, Lorain, and Cuyahoga counties. Additionally, when Lt. Thompson applied to ATF for his canine, a letter of support from a laboratory was required with the application, indicating that the laboratory would be willing and able to analyze the debris collected by the team. The Lake County Crime Laboratory fully supported this request because the laboratory director understood the capabilities and importance of these canines when it comes to assisting in fire investigations. The canine, his handler, and the forensic scientist work hand in hand to provide the citizens of Lake County with the highest level of fire investigation tools in order to provide scientific results that can be used in court. If you have any questions, please contact Dave Green at THE CRIMESCEN E FAL L 2017 Truth Be Told Continued from Page 4 case in which a mother came home and found her 21- year-old son missing and a large amount of blood in the house. The signs of a struggle and the absence of a body mystified police. Investigators didn t know if the son or someone else had been murdered in the house, or if the son had been abducted. A blood sample was taken to the Crime Laboratory s Dr. Karen Zavarella, a forensic analyst. She received the sample on a Friday and worked over the weekend, said Spakes. On Monday, she let me know that it was the son s blood. Ultimately, he was found and we learned that he had attempted suicide in the house. Without the Crime Laboratory s involvement, we would have been waiting a long time for test results, and we may have taken the investigation in an entirely different direction. Tim Doyle, a senior detective with the Madison Township Police Department, applauded the Crime Laboratory for helping (CONTINUED ON PAGE 8) Dr. Zavarella processing a crime scene after a SWAT incident. PAGE 7

8 THE CRIMESCEN E FAL L 2017 LAKE COUNTY CRIME LABORATORY 235 Fairgrounds Road Painesville, OH (440) fax (440) An ASCLD/LAB-International Accredited Testing Laboratory since 2009 An ASCLD/LAB-Legacy Accredited Laboratory Truth Be Told Continued from Page 7 investigators operate quickly and efficiently. It s great to have forensic scientists head out to a crime scene to help us, said Doyle. With them being at the scene, we re all on the same page. They are familiar with the case and can help us with any questions we might have later. Doyle added that the Crime Laboratory s swift turnaround of DNA samples enables detectives to quickly identify suspects. With crime investigations, I d like to think there is a time element, he said. The quicker we can identify suspects, the better our chances of solving the crime. If we find that the evidence eliminates a suspect, then we can immediately move on from that person and search for the perpetrator. Doyle said that Madison Township police officers have participated in Crime Laboratory training sessions. They ve learned how to collect blood and other evidence from crime scenes, best methods of protecting fingerprint samples from smudging, and tips for taking crime scene photos such as including a reference scale in the photo in order to show actual size of the evidence. Doyle, who joined the Madison Township Police Department in 1995 and became a detective in 2002, said he has become a big fan of the Crime Laboratory. I appreciate the help of the forensic scientists more than I can express, he said. During my career, the Lake County Crime Laboratory has become one of my best crime-solving tools. The CRIMESCENE A quarterly publication of the Office of the Lake County Prosecuting Attorney, For questions, comments, or to receive an electronic copy of this newsletter, please contact us at: (440) or CrimeLabNews@lakecountyohio.gov 2017 PAGE 8