Criminal Justice Update April 2010
Criminal Justice Update April 2010
Criminal Justice Update April 2010
cover story
Ohio Attorney General
Richard Cordray Science: a partner in crime-fighting
Robotics help speed BCI Lab Division’s turnaround times
By Mary Alice Casey
laboratory basics
With the robots — four in the DNA casework place, and he saw it peak in 2007, when it seemed not necessarily have the right person of interest. It
vol.2
unit and two in the CODIS databasing unit — every prosecution team in the country wanted could mean that person was there at some point
criminal justice scientists are able to pull DNA profiles from a DNA evidence to present. in time, but additional investigation is needed to
update no.2
batch of evidence submissions in a matter of further prove the hit is viable.”
hours rather than several days. That’s en- Today, Greene said, there’s a better understanding
abled them to provide faster results, reduce of when and where science plays a part. Of the available databases, CODIS is the star, at
the number of pending cases and give law least in Greene’s view.
enforcement agencies scientific evidence to “BCI has been conducting DNA analysis for 11
solve crimes. years, and there is a gradually developing realiza- “CODIS is the model for a forensic database,”
tion that it has its place in certain investigations, he said. “The FBI developed it and continues to
Burglary and breaking and entering cases are but not in every investigation,” Greene said. “If administer the entire program through coopera-
the best match for the use of robotics in DNA there is biological evidence present at a crime tion with local and state CODIS laboratories. Every
casework, said Steve Greene, BCI’s deputy scene, in most cases you want to test it for DNA. CODIS lab in the U.S. and internationally uses the
superintendent of laboratory operations. But testing blind samples for DNA may produce same software and the same guidelines. Because
mixtures that cannot be interpreted or that yield of that, it’s all very interactive.”
Many times a suspect leaves blood at the results that create other unanswerable questions.”
gov/CriminalJusticeUpdate. point of entry or elsewhere in the crime In addition to housing the DNA profiles of convict-
community, visit www.OhioAttorneyGeneral. scene, providing evidence that can be Other than increased staff within the lab units, ed offenders, CODIS includes profiles tied to crime
sign up for e-mail updates for the criminal justice analyzed through robotics and entered and Greene believes databases have been the Lab scene evidence, unidentified human remains,
To join the Criminal Justice Update mailing list or searched through the Combined DNA Index Division’s biggest contributor to crime-fighting in missing people and relatives of missing people.
System (CODIS). In about half of such cases, the past three decades. While Ohio currently logs the DNA profiles of
Stay on top of the news the submissions match a convicted offender’s anyone convicted of a felony or sexually oriented
DNA profile that’s already in the database. “Databases allow us to develop suspects from misdemeanor, newly enacted Senate Bill 77 will ex-
(See story on Page 4.) a laboratory setting. But that is not to say that pand that to include any adult arrested on felony
(800) 582-2877 Greene has overseen the Lab Division for five investigations by law enforcement agencies are charges. (See related story.)
www.OhioAttorneyGeneral.gov/TDIM of his 32 years with BCI. He witnessed the no longer needed,” he said. “Just because a search
Registration deadline is May 7 buildup of requests for DNA analysis in the has produced an AFIS (Automated Fingerprint A recent $1 million expansion at BCI will allow
Hyatt Regency Columbus 1990s, when the technology wasn’t even in Identification System) hit or a CODIS hit, you do the CODIS databasing lab to process convicted
May 24-25 offender samples in-house for the first time, saving
For victim advocates, lawyers and law enforcement the state an estimated $500,000 a year that had
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From the desk of
the Ohio Attorney General
COVER story
Dear Colleagues,
Almost nothing in life is certain. But a DNA test Such are the scientific feats turned in every day by DNA Index System (CODIS) databasing unit,
that has only a one in 96 trillion chance of being the staff of BCI, which is part of the Ohio Attorney robotic instruments have helped us maintain a
wrong is pretty darn close. General’s Office. BCI serves as a force multiplier for turnaround time of less than 45 days. We also
local law enforcement by providing laboratory, expedite lab work any time an agency informs
That is the degree of certainty to which the Ohio investigative and identification support to us of special time constraints.
Bureau of Criminal Identification and Investigation agencies across the state.
(BCI) was able to link a convicted killer, Robert These are significant improvements that
Buell, to the 1981 murder of Tina Harmon, a In this edition of Criminal Justice Update, we take a help law enforcement and prosecutors solve
12-year-old Wayne County girl. comprehensive look at the lab services BCI offers crimes and put criminals behind bars. You can
and how those services — available free of charge be sure that my staff will continue to look for
Buell was tried, convicted and executed for the to every law enforcement agency in the state — advancements so that we can help bring old
1982 murder of another girl, 11-year-old Krista can help peace officers do their vital work. cases — such as that of Tina Harmon — and
Harrison, also of Wayne County. Fibers from new cases alike to definitive conclusions.
the Harrison and Harmon cases matched, and We know it is important for local law enforcement
investigators concluded in the 1980s that Buell was agencies to get quick, efficient and effective results
responsible for both crimes. But in recent years, from BCI labs. When I took office in January 2009, Sincerely,
Harmon family members wondered whether new the evidence backlogs were substantial, and we
technology might erase their lingering doubts. quickly developed plans to reduce them.
So Wayne County Sheriff Thomas Maurer and In the DNA casework unit, we used robotics, Richard Cordray
Prosecuting Attorney Martin Frantz reopened outsourcing and administrative changes to cut Ohio Attorney General
the case. With the help of BCI scientists and DNA those backlogs 34 percent by the end of 2009.
testing, they were able to definitively prove it was Similar measures helped bring the forensic biology
Buell who killed Tina Harmon. unit’s backlog down 68 percent. In the Combined
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OPOTA is coming your way Ohio consumers’
Departments give thumbs up to regional training lineup
trainings News & notes top 10 complaints
By Mary Alice Casey
Every year, the Ohio Attorney General’s Consumer
The Ohio Peace Officer Training Academy is on the enforcement is held to a higher standard than To register for these and Fiatal named executive director Office. The office posts the statistics and other Protection Section compiles a list of the top 10
move, and law enforcement agencies around the other professions, and to meet that, you need of training commission, academy resources at www.OhioAttorneyGeneral.gov/ categories of complaints. Here is the breakdown
other trainings, visit the Web at ConcealedCarry.
state appear to like the direction. training. You never can be over-trained.” for 2009:
www.OhioAttorneyGeneral.gov/Events
The Ohio Peace Officer Training Commission
As part of an initiative to bring instruction closer to Although Myers sends deputies to training and view the trainings column. All has named Bob Fiatal executive director Law Enforcement Conference
the agencies it serves, OPOTA is offering free, half- sessions at OPOTA’s Richfield campus as his budget courses are at the Ohio Peace Officer of the comission and Ohio Peace Officer scheduled for Sept. 14-15
day regional training sessions on selected topics. allows, he appreciates the regional offerings. Training Academy, 1650 Ohio 56, Training Academy, effective April 22.
Sessions updating officers on criminal procedures London, Ohio, unless otherwise noted. The Ohio Attorney General’s Law Enforce
and drug trends are ongoing, while trainings “We don’t have a big budget here. This gives Fiatal, 59, replaces Ron Ferrell, who is ment Conference is Sept.14-15 at the Greater
focusing on gangs are planned in urban areas of deputies and police in the area a chance to get Finding Words returning to his previous position as police Columbus Convention Center. This year’s theme is
the state later this year. training, and it’s not going to cost us a lot of May 10–14 chief for the city of Mason. Partnerships in Crime Prevention.
money,” he added. Tuition cost: $200
“Training budgets are obviously very limited for The five-day course teaches investigators and This is Fiatal’s fourth assignment within The event will include workshops, plenary sessions
all law enforcement agencies. They can’t always Worthington Police Chief Michael Mauger is prosecutors how to interview child abuse victims. the Ohio Attorney General’s Office. He has and networking opportunities for state, county
afford to break their officers loose or to cover glad to see the trainings address important law served as deputy director of law enforcement and municipal law enforcement. Attorney General
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It qualifies social workers for Continuing Education
travel expenses to an OPOTA facility in London enforcement basics. Unit (CEU) credit and attorneys for Continuing Legal services for OPOTA since February 2009. Prior Richard Cordray also will present Ohio Distin- Motorized vehicles
or Richfield,” said OPOTA Executive Director Bob Education (CLE) credit. to assuming that post, he served briefly as guished Law Enforcement Awards to officers from
Fiatal, who coordinated the trainings as deputy “Officers are more likely to fail in their mission the academy’s acting executive director and across Ohio.
director of law enforcement services. “By offering when they lack the knowledge of law changes, led the Bureau of Criminal Identification and
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Electronic Surveillance Training
half-day sessions closer to them, we’ve constructed search and seizure, and use of force,” Mauger said.
May 18–19, 8 a.m.–5 p.m. Investigation (BCI) from October 2007 to Nominations will be accepted through May 28 for Collections, credit
it so they can fit the training and travel time into “Too often we spend more time on trendy training January 2009.
an eight-hour shift. And the sessions are free. topics than we do on the core matter. I agree we
Richfield OPOTA Campus the awards, which include: reporting and financial
Tuition cost: $100 The Mark Losey Ohio Distinguished Law
Some officers are signing up on their days off.” have to bring issues that are new to our officers’
The two-day course provides legal, administrative, An attorney and former FBI agent, Fiatal Enforcement Service Award, recognizing services
attention, but we should not forget the basics.” brings a strong combination of skills to the law enforcement officers who demonstrate
practical and technical training to certify
Nearly 1,000 peace officers had signed up for the office’s law enforcement responsibilities, outstanding commitment to their community in
investigators and prosecutors to conduct
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criminal procedure updates around the state by Fiatal said OPOTA will base plans for future regional Attorney General Richard Cordray said. the pursuit of justice
wiretapping and electronic surveillance. An
the end of March, and registration is still open trainings on the success of the current offerings.
application for pre-approved CLEs is pending with The Ohio Distinguished Law Enforcement Household goods and
for several of the sessions. The trainings address
the Ohio Supreme Court. “Bob Fiatal has been instrumental in Valor Award, honoring officers who have property improvement
search and seizure, right to counsel and DUI laws Questions? For more information or to express an bringing regional training to local law distinguished themselves above and beyond the
and procedures. interest in hosting a regional training, contact Bob enforcement, which agencies strapped call of duty
Fiatal at Robert.Fiatal@OhioAttorneyGeneral.
BASICS
for personnel and budget welcome and The Ohio Distinguished Law Enforcement Group
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June 13–18
The positive response prompted OPOTA to offer gov or (740) 845-2700.
Tuition cost: Free
appreciate,” Cordray said. “I am confident Achievement Award, recognizing a group’s Internet and phone
sessions in other areas of the state and to schedule that the outstanding work Chief Ferrell has accomplishment of a mission
The weeklong course instructs victim advocates
additional sessions in Perrysburg and Richfield, undertaken to serve the training needs of The Ohio Distinguished Law Enforcement
on issues related to child abuse, domestic violence,
where demand exceeded expectations. local law enforcement — and the important Training Award, commending training officers’
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crisis intervention, legal advocacy, trauma care and
UPCOMING Training Sessions death notification. CEUs are available through the
work done every day by our top-flight impact on law enforcement Shopping, food
The Attorney General’s Office and OPOTA are instructors — will continue moving forward
collaborating on the trainings with other agencies.
AROUND THE STATE Counselor, Social Worker and Marriage and Family
with the innovation and professionalism that
and beverages
Therapist Board. To nominate individuals for awards, visit www.
For the criminal justice sessions, those partners Criminal Procedure Update local law enforcement deserves.” OhioAttorneyGeneral.gov/LEConference.
are the Ohio Department of Public Safety May 12: Youngstown State University Registration for the conference will open in June.
Elder Abuse Training for Law Enforcement
6 Mortgages
and Ohio Department of Health. The Franklin June 2: Great Oaks Police Academy, Cincinnati
County Sheriff’s Office and Ohio High Intensity June 21–22, Aug. 19–20, Sept. 30–Oct. 1 Ohioans seek record number
June 23: Lima FOP Hall Tuition cost: Free of concealed handgun licenses Opinions focus on prosecutors’ offices,
Drug Training Area are assisting with the drug July 15: Mansfield FOP Hall
education effort. And police departments in Akron, This course helps law enforcement protect the housing of out-of-state prisoners
Still to be scheduled: Marietta and Defiance
8 Professional services
the Mid-Atlantic Great Lakes Law Enforcement Sexual Assault Training of 45,497, set in 2004 when the concealed
June 29: Harrison Career Center, Cadiz
Network and Ohio Department of Rehabilitation June 24–25, Cambridge handgun law went into effect.
Aug. 10: Centerville Police Department Several recent opinions focus on the work
and Correction. Oct. 14–15, Marion
Oct. 19: Ohio Department of Transportation, of county prosecutors and assistant county
Dec. 16–17, Chillicothe Totals for other years were:
Columbus prosecutors. These include opinions 2009-045,
10 Utilities
“Any training that I can put my deputies through investigating sexual assault; and Identifying Sex
gov/OPOTA or call (740) 845-2700.
helps them,” said Harrison County Sheriff Joe Offenders: Tools for Interview and Interrogation. County sheriffs report the statistics
Myers, who arranged to host a drug education Officers are encouraged to attend both days; that is quarterly to the Ohio Peace Officer Training The full text of the office’s opinions appears at
session at the Harrison Career Center. “Law required for second-day participation. Commission, part of the Attorney General’s www.OhioAttorneyGeneral.gov/Opinions.
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Serving every victim, every time Ohio peace officers
“As advocates we need to be aware of these
issues in order to assist crime victims,” King said.
Prosecutors to
is a sufficient cooling-off period to allow law
unique information on what kind of forensic and Bureau of Criminal Identification and enforcement to re-interrogate because it provides standard Miranda form prior to custodial serve warrants on four men
investigation is available and how prosecutors can Investigation specialists on how to effectively the suspect time to return to his normal routine interrogation. Powell waived those rights Assistant Marshal Edward H. Davis of the
sharpen their
use it in their trials.” conduct capital trials from beginning to end. and talk with friends and family. The high and admitted he owned a handgun found in Nelsonville Police Department, who was shot in
They will discuss deciding whether to indict court also found that if the suspect is already a search. He subsequently was charged with April 1888 by a man he had previously arrested
Kanai points out that capital cases can be won or for capital murder, handling Brady material — possession of a weapon by a convicted felon. for a traffic violation
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