by Paul Millen
To confirm this and close it as a line of enquiry, I tried to contact the two leading experts in forensic entomology. It was August and they were both out of the country on holiday. I confirmed my approach by phone and followed it up with a statement to close that avenue when one had returned.
I reviewed the crime scene photos and began to think how we could determine the time presence of the lime. The first potential method was to determine the change in acidity of the soil, as lime is a strong alkali. I took advice from Pam Hamer, a forensic chemist and former colleague at the Metropolitan Police Forensic Science Laboratory. I had a huge amount of respect for Pam and knew she would understand what I was trying to do. It would require core samples to a depth of one or two metres and a record of the rainfall over the past four weeks. It might not work but it was worth a try. I found a company that took core soil samples and arranged for them to visit the scene where they took a dozen or so samples from the area where the body was found and control samples from the surrounding area. It only cost some tens of pounds for all the samples, taken under the supervision of a crime scene manager and team to ensure the correct documentation and integrity of the sampling.
As it happened we didn’t have to use the soil samples, though it had been prudent to quickly secure them. In my conversation with Pam Hamer, I had asked about the effect of lime (an agricultural chemical) on the vegetation. Neither of us knew where to start but came to the conclusion that the National Botanical Gardens at Kew was a good start. So that was my next port of call. Two or three calls followed as each person passed me on to someone else. My fifth call was to a gentleman at the Ministry of Agriculture, Fisheries and Foods. He was a soil chemist although he preferred the title of agricultural engineer. The important thing was that his life’s work and expert subject was the effect of chemicals on vegetation. Bingo. By absolute chance he was based in Guildford, our county town, but he could have been anywhere in the country as far as I was concerned, I had found someone who could help us.
I carefully briefed him as to my position and responsibility and the question I needed to answer. Could he determine how long the lime had been there given the conditions I had described? In briefing someone who is an expert in a particular field but not accustomed to the demands, requirements and niceties of the criminal justice system it is important to lay out some ground rules for his protection and our integrity. I didn’t want him to stray off his subject and say things which he could not back up.
I did this by telling him the circumstances of the discovery of the body and the confidential nature of our enquiry. I gave him the results of the laboratory examination of the powder and its quantity. I informed him I could show him the scene photographs taken on the day the body was found and arrange for him to visit the scene which was by now a week old. I explained to him that I would like him to observe the photographs and interpret them for us if he could. How long had the lime had been there? If he could he would have to demonstrate on what basis he was making his observations and show any published scientific material which would support them. Wherever possible he should state what is fact and what is opinion based on his experience and expertise. I made notes of my briefing and arranged for Martin Gaule to take the scene photographs straight to him.
The reply and statement I got from Martin and our man was immediately encouraging. He described the four or so types of vegetation (grasses and ferns) surrounding the body and lime, each by their scientific name. He particularly noted one or two key types and suggested their documented growth rate. He then observed that the grasses on the edge of the lime were still depressed and suggested that the grasses had not regenerated and pushed through the lime in search of light. Based on this observation of the photograph and his knowledge it was his opinion that the lime had been there for no more than seven days.
This was a very good start. We had already whittled the time the body was dumped from four to one week. There was more to come.
Martin took our man to the scene with one of our forensic photographers. He surveyed the environment and confirmed the vegetation types. There were still some traces of the powder in the soil and grass. Now, based on this confirmation, and the regenerated growth that was now occurring at the scene, and on his observation and knowledge, it was his opinion that the lime had been there for no more than two days. This was a breakthrough.
It corroborated the observations of the two workmen, with some sound reproducible scientific evidence. It meant that investigators could target motorists who had travelled along the road in a two day period and who may have seen something suspicious. It meant that investigative time was not wasted trying to take statements from all the motorists who had driven that route in a four-week period. This line of enquiry had been useful and helped focus the investigation as it developed.
The overall investigation was soon transferred to the Metropolitan Police in London, based on rules agreed by chief police officers. It is governed by where the major part of the investigation lies. Although Surrey had the crime scene, it was in reality merely the dump site and that could have been anywhere. It was determined that the Met had the majority of the enquiries which had to be made based on the business and social affairs of the deceased.
I prepared a hand-over report for the SIO on all matters which the scientific support department had undertaken and then briefed my counterpart in London and the new SIO with Brian Woodfield.
Some years later, after lengthy extradition matters, a man stood trial for the murder. As for the lime and why the perpetrator(s) had used it, we never found out. It was probably a matter of a little knowledge being a dangerous thing. Lime had been used to cover bodies in plague pits in earlier centuries. Its purpose was to stop the spread of disease. Contrary to common belief it does not cause decomposition, but quite the opposite: it preserves the body by deterring the normal course of nature.
I also reflected on how we managed the investigation process. Did I use the scientific support staff to their best potential? These were still early days in the development of my management of the process and not just how we supported the investigation. Danny Finnerty had been the first crime scene manager to respond to the scene, but he was not a member of the local team. He dealt with the first few hours and in reality that seemed to be a good formula without having the local manager on call all the time. I was concerned that on my return to the county, I had asked Martin Gaule (the local CSM) to take over from Danny. I didn’t want Danny to feel that he was being replaced for some negative reason, which was not the case. Danny had done an excellent job, but I had to plan. I would have to learn how to get the best out of people and there is not only a need for continuity but also perhaps local knowledge, not least knowing the facilities and resources immediately to hand. In the future, as far as possible I would use the local team to respond and see a case through. Outsiders, particularly those on call, would be the first responders, but the local team with their relationship with local officers and detectives, I decided, would be best placed and motivated to see a case of local interest through. Keeping the local team out only demoralised the team. When a big case broke I would use outside personnel to fill in behind the local team for the day-to-day work, whilst they handled the big case.
Whilst I was busy with the nuts and bolts of supporting the investigation with the scientific team there was one aspect of the case which presented a wonderful opportunity and I offer it as a final reflection. It often amuses me. It is the only case I know of where the offenders themselves helped preserve the scene for the police.
19. Crime Scene Manager
It is the major crime scene which brings together all the aspects of practice and resource. The start is often as not confused, very confused. There is emotion amongst the victims and witnesses and high activity amongst the first officers to respond. The priority is the preservation of life. It takes precedence over everything else. The next priority is detaining any offenders who are escaping from the scene. But preservati
on of life comes first.
As a crime scene investigator I often found myself picking up the pieces once the scene was secure and suspected offenders and injured victims had been taken away. The immediate goal was always to establish order, and to take control. Only then could a planned and balanced investigation take place. My role, however, evolved as the concept of crime scene investigation, and all its benefits, grew and was accepted and ultimately demanded by detectives. The progression was not only to manage my own actions, but those of other scene investigators and other police resources, even serving officers.
Crime scene management was a relatively new concept when I went to Surrey. One person with a crime scene, rather than a detective, background to control the investigation at the scene was a novelty. Of course there had been managers but they were often senior detectives and had no professional expertise in forensic investigation themselves. The model, where it existed up to then, used a detective, often in a laboratory liaison role, which I felt really wasn’t part of the continuum or escalation process which I have previously described. The old system had served the police service well, with many fine exponents from whom I had learnt a lot, but there was a need to change, to develop. In reality, I had been practising the role now recognised as crime scene manager since my time on the Flying Squad. The bedrock for my skills was that of an apprentice examining and investigating thousands of minor and major crime scenes. As a crime scene manager it was my role to plan and implement a process so that all the information, intelligence and evidence was recovered and communicated at the earliest opportunity to the senior investigating officer. As a crime scene manager, I was the link between the scene, the laboratory and the SIO.
On my arrival at a major crime scene I often found the first officers had taken step to preserve it and establish a cordon. My first actions were to confirm that all steps to preserve life had taken place. Sometimes this was obvious, but could never be assumed. Someone with medical training had to confirm death. Until that was done it was best to assume that the victim was alive and get medical assistance there and into the scene without any delay or hindrance.
The initial cordon would be decided by those first officers but it would be my second action to check it. I would review this and would either agree or revise, and in many cases outwardly extend it. Wider is always best as it can be reduced later. It is difficult but not impossible to extend a cordon and if there is a sound reason the earlier that move is taken the better. I would ensure that a log of those entering and leaving the scene (and the relevant times) had been started. The cordon would normally be protected by police officers to ensure that only those with a need or role in the scene could enter it. That need would be determined solely by me once I had taken responsibility for the scene. I also needed to backtrack and list those who entered and left the scene from its discovery. It could be necessary to examine them and possibly recover their clothing and footwear to eliminate this from anything which could subsequently be found in the scene examination.
The initial activity always involved listening, assessing the nature of the allegation and what staff resources were available to deal with the numbers of scenes (people, places, vehicles, objects) that had already been identified. My job was to ensure that these areas were addressed in order of priority. Where scene investigators were not available, clear instructions to other police personnel on how to preserve the subject until a scene investigator was available were given and they could be instructed to deal with the situation.
The actual crime scene could often wait, as it was more likely that people, and sometimes vehicles, required more immediate action.
All suspects have rights. They have a basic right to medical attention. They have a right of human dignity. In law, dependent on the jurisdiction, they have a right to refuse to be examined. In some jurisdictions (such as England and Wales) the right of the suspect to be examined can be overruled to allow the recovery of clothing and the taking of some samples, by force if necessary. These are limited to external, non-intimate areas, where it is believed that the evidence recovered has the ability to eliminate or implicate the suspect. Changes in legislation in the UK have allowed such examinations to take place. They protect the rights of the individual and also the investigator who is acting within the law.
Many years ago, before such laws were implemented I dealt with one offence which tested my morality and integrity. During a bungled armed robbery, shots were fired at police officers who had arrived quickly at the scene. A suspect was arrested in a violent struggle with the unarmed officers. Both the suspect and officers received injuries and were taken to hospital. On hearing the details of what had happened, I called a colleague to deal with the scene of the robbery. He was some way away. I made my way immediately to the hospital to deal with the suspect and hopefully undertake some examination which would eliminate or implicate his involvement in the robbery, and in particularly the discharge of a firearm. Thankfully, the firing of guns in the commission of crime was relatively rare both then and now. The particular examination I had in mind was to swab the hands and face of the suspect to recover any gunshot residues. This would indicate his proximity to a gun when it was fired. The particles in question are delicate and are quickly lost from the skin but can be retained longer on hair, such as exposed beards, moustaches and head hair.
At that time there were no rules allowing the taking of samples by force. If the suspect refused that was the end of the matter. Any evidence which would implicate or eliminate them would just be lost. On arriving at the Emergency Room of the hospital and seeing the condition of the suspect and hearing the manner of his arrest, it was clear that this man was not going to consent to any police examination. I knew some of the medical staff from previous visits. I can’t recall exactly what happened next but I take full responsibility for it. There was no way the suspect was going to allow anyone to swab his hands for evidence; a white coat was called for which I duly put on. I went into the cubicle and managed to swab one hand and was on the second before the suspect realised that this was not a normal medical procedure. Ducking a punch, I exited with what I had. It was underhand and I am neither proud nor ashamed, it just seemed the right thing to do. I was searching for the truth. I was prepared to recount my actions before a judge and take full responsibility if what I had done was deemed wrong in some aspect of the law. I was unsure whether I had broken the law. If I had I was ignorant (no defence, I know), but my goal was to seek the truth so that the court could decide. Nobody was going to get hurt (although the flailing right hand of the suspect once he realised what was going on could have injured me). The examination of the swab I had taken indicated that the suspect had been in close proximity to a gun when it was discharged. The suspect was found guilty of firing at the police officers. I was never called to give evidence, so never had to explain my actions. A few years later, after pressure from many of us, the law was changed to allow examinations such as the swabbing of external skin to take place even when the suspect refuses and even by force in the cases of serious crime such as shooting incidents.
Whether a suspect is in custody or not, some initial steps are naturally made at the scene whilst the initial confusion calms down. It helps establish order and control, so I would instruct a crime scene investigator or photographer to take external photographs of the scene.
I would begin to identify the type of search and the types of specialist who would be needed as information came to light. The very nature of investigation is that as the search takes place and other things are seen and found, further specialists may be needed. Good time management was always needed so that these specialists were called to enable them to get to the scene at a time when they were needed, otherwise there could be periods of delay with other specialists hanging around.
Part of my initial scene assessment needed to include any hazards or dangers which might affect the investigators and specialists who would go into the scene. I had to plan for this and included it i
n any briefing I gave. The right information and the right protective clothing and equipment are essential. Then there were the changeable conditions such as weather or lighting for the outside scene. You can’t change the weather or nightfall but you can prioritise examinations and protect key areas within the scene as well as bring in additional lighting.
Having listened to all the information available and most importantly the needs of the SIO, I had to agree the examination and search plan. The SIO always wants as much information as early as possible. This becomes more important when someone has been arrested from the outset. The clock will be ticking and there may be limits on how long the suspect can be detained before release. Any investigation of a suspected murder scene is likely to take a number of days. In any event the SIO will want to interview the suspect and will want as much information from us at the earliest opportunity so they are in a position of strength, not ignorance. If the right person has been detained they will know more about the scene than anyone else. The SIO will want to redress this balance.
I was responsible for briefing all the investigators and specialists about the scene and their role. I was always open for discussion but it is necessary to determine clear areas of responsibility and terms of reference for each member of the team.
As I said earlier, examining a whole major crime scene often takes days, so it is necessary to break it down into manageable parts and prioritise. A body is always an early and obvious priority. So a common approach path (CAP) would be cleared from the edge of the cordon to the body. The route of the CAP, however, may not be the most obvious. If it is the route any offender is known or likely to have taken, then the area and the items within in it may take a long time to clear. So, often another route, from another door or window when the scene is a building, would need to be found. This would ensure that the CAP to the body is established quickly. In woodland areas, rather than take an obvious path, it is often possible to cut a new direct path through the undergrowth, bypassing areas which will take a long time to examine.
