Introduction
A Senior Investigating officer (SIO) is the detective in charge of a team of specialist officers and staff that investigate serious crimes, such as homicide, rxxe, and kidnapping. A SIO has a lot more issues than just catching the offender nowadays (Cook & Tattersall 2010). Major investigations have become more challenging with the rise of the internet, and with it anonymity. Nevertheless, the number of internet homicides pales compared to the number of homicides that do not originate online (Flowers 2013). Furthermore, with social media and the press always watching your back, sometimes interfering with the investigation, and eager to ruin one’s reputation, the job of a SIO can be quite challenging (Cook & Tattersall 2010, Gibson 2015). Mental health problems have always been present, however, the amount information about it and the attention it receives, is recent (Ainsworth 2000). It is therefore no surprise that a SIO deals with it as well. This essay is about anonymity, the media, and mental health and the challenges they bring for major investigations.
Anonymity
Before the internet most homicides were a personal matter. The victim and the killer would know each other. Husband killed the wife, rival killed rival, friend killed friend, etc. During the crime investigation, the investigation officer would draw a bull’s eye around the victim and the closer the person would be to the victim the more likely they were the killer. This has changed since the rise of technology and with that the chance to be anonymous and thousands of miles away has arisen (Casey 2004). The architect Graham Dwyer disguised himself as architect72 and fetishboy online, where he found his victim Elaine O’Hara. These two started a sexual relationship that involved violence, knifes and bondage. Dwyer had severe urges to rxxe, stab, and kill a woman, which he mentioned to O’Hara in his text messages where he was simply “Sir” and she “Slave”. In their meetings, he would tie her up and stab her. O’Hara’s body was found September 2013, a year after she disappeared in 2012. Graham Dwyer never mentioned his name in the texts, had an anonymous username for his accounts online, and used a disposable phone bought under another name. This made it difficult to identify the killer since it could be anyone online, not just the close circle around the victim. If the summer in 2013 was not hot enough to reveal the two disposable Nokia phones and the SM gear, the murder would never have been linked to Graham Dwyer. Through the little information that was given by Graham through the texts, the analysis of the cell masts used the most by the Nokia phone, and data from a toll booth in Galway, the phone got linked to Graham. If these phones were never found, Graham could have gotten away with murder (Burrows 2017, Gleeson 2015, Lally 2017).
Few people know of the technical, and legal issues that come with digital evidence, which makes it easy for digital evidence to be overlooked. However, nowadays, solving a homicide does not always solely rely on physical evidence and witness statements. People do not only meet on the streets anymore, but online as well. It is therefore important to look not only for DNA, but digital evidence as well (Casey 2004: 12). There is a high chance that either one of them used a mobile phone, computer, or the internet. Therefore, there could be valuable information retrieved from, for example, the browser history or texts between people involved in the crime. When one has to rely on digital forensic as evidence, the forensic investigator has to be very careful that nobody tampers with the phone or computer. A copy of the digital evidence should be made, so that the copy can be examined as if it were the original (Casey 2004). In order to convince the court that the digital evidence is worthy of reception depends on the quality of the digital evidence, so a forensic digital expert should be brought in to deal with the evidence (Hak 2003). Objectivity is crucial in every case, but in cases with digital evidence especially. Sometimes the computers or phones can have the wrong data or settings which make it seem like someone is guilty. Forming preconceived theories and approaching the current case like past cases is something that even the most experienced investigators are prone to do. Trying to find flaws in one’s own theories can limit the bias (Casey 2004: 93, 94).
In Graham Dwyer’s case, they had digital evidence, however, he was anonymous. In the texts and Elaine O’Hara’s computer only the names Graham and David matched the mobile phone number. Even though the internet makes it easy to be anonymous, it also leaves behind a (cyber) trail. This is where a geographic profiler should be called in. The phone signal leads to certain locations where the suspect made a call. His work, his home, traffic, etc. It will not lead to a name directly, however, together with the information given in the texts, online accounts, and e-mails the suspects could be narrowed down to one person. The items found at the crime scene, the digital evidence, and geographic profiling would not have led to the suspect separately. Even though, the anonymity of the internet makes it easier for the culprit to hide, it also gives ample information that could be used as evidence (Casey 2004: 91-111). Digital evidence could be very important for cases where physical evidence is absent (Goodison, Davis & Jackson 2015). The success of the investigative process, especially when handling digital evidence, depends on experience, consideration of legal criteria for admissibility, and well documented conclusions (Casey 2004: 113).
Being anonymous is not the only thing a killer can be to cover up his tracks. The killer can also pretend to be the victim, making it seem that the victim is still alive. Shanna Golyar, a love rival, pretended to be Cari Farver for 4 years before she got arrested 22 December 2016. In these, Shanna posed on social media as Cari Farver. Making it seem like Cari Farver was still alive, since the body has not been found yet. In 2015, Golvar went to the police station claiming another love rival shot her in the leg, which was suspected to be self-inflicted. Later, she was caught breaking into the apartment of the same rival. During this time, it was discovered that she had several fraudulent email accounts pretending to be two different women. The actual hearing is this upcoming 18 January, so whether she is guilty or not is yet to be determined (Conley & Nelson, 2017, Nelson 2017, Nestel 2017, Zilber 2017). They found the fraudulent e-mails on her computer. This means that digital evidence could have been gathered for the Cari case. The cyber trail on this case could have led the social media posts of “Cari Farver” to Shanna Golyar. A digital forensic investigator would have to find the IP address and link the location to Shanna’s house or frequent whereabouts. Cari has been missing for four years. They could have set the digital forensic investigation team on it sooner (Casey 2004).
Media
The news and social media can help with the investigation. The relationship between the police and journalists depends to a large extend upon the SIO and his attitude towards the media (Innes 1999). By working together, not against the media, the SIO can take advantage of the free publicity. It can help with solving crime, reaching out to witnesses, and gaining the trust and confidence of the public (Cook & Tattersall 2008: 386). Especially when a person is missing (Gibson 2015). Jill Meagher’s husband Tom Meagher turned to social media for help with finding his wife, who was missing at the time. It got a lot of attention and within a few days the offender was located through CCTV footage the Victoria police released. The case was solved quickly with the help of social media and news coverage. However, sometimes the media can be too intrusive. The case turned into a “trial by social media” and the information sharing was not moderated anymore. Very few people are aware of the risks that come with (online) defamation (Lowe 2012). A man named similarly to the suspect received abusive phone calls and was contacted by the Irish media (Bucci 2012). The posts could not be deleted after the arrest of the suspect and the overflow of evidence online could possibly cause problems at the trial. If the person is publicly being identified as guilty, it may lead to the defendant’s side claiming that the jury has been influenced (Gibson 2015). Lloyd Rayney was called the “only suspect” by the SIO during a police press conference. Lloyd was suspected of killing his wife, Corryn Rayney. In the three years before the trial Lloyd was villainised by the media, which led to the defendant requesting a trial with judge only. The intense publicity on the case would make a fair jury trial difficult. The judge ruled Corryn “not guilty” (ABC news 2012). The SIO’s words brought into public hatred and ruined the reputation of Corryn Rayney. Rayney was not yet charged with murder in 2007. This insinuation of being the offender, goes against the innocent unless proven guilty principle.
It is very important to think carefully about what to say to the media about the homicide investigation. The media is an industry that wants to sell the most out of their product: the story. They will try to make their stories as exciting and interesting possible (Innes 1999). If the SIO does not negotiate and talk with the press, they face the risk of the press interfering, meddling in, and/or impeding the investigation (Cook & Tattersall 2008:386). However, sometimes it is in the best interest to withhold information from the press (Cook & Tattersall 2008: 402). In the Damilola Taylor murder investigation a tabloid newspaper leaked evidence that could have been information only the offender would have acquired. It severely weakened the evidence and it ended up being ruled as inadmissible (Damilola Taylor Investigative Review 2002, as discussed in Cook & Tattersall 2008). One should not only be careful with what one says, but also what one shows. In 2009, senior counterterrorism officer Bob Quick accidently showed his papers about a planned anti-terror operation to the waiting press. The documents carried sensitive information about an operation planned by the MI6 and several police officers. The press did not care and within a few minutes the pictures were circling online. As a result, they had to rush their plans forward and quickly impose a “D notice” to restrict the media. Quick was fired soon after (Dodd & Batty 2009). For these kind of situations, quick thinking and handling is needed to still get a positive result out of the situation. Off-the-record press briefings have the tendency to interfere with ongoing police investigations and could give the suspect the chance to evade arrest. For example, once the media has been alerted of a possible terror-related arrest, they will soon arrive race to the location to be the first with the “breaking news”. This is a big warning to the suspects that the police are on its way (House of commons 2009). During the Birmingham anti-terror operation in 2007, information was leaked that had the press gathered in front the police stations before the suspects were well inside the building. This gave the police, the SIO, no chance to control what information would be given to the press. This damaged the interview strategy of the police and raised the tension in the community. The public trust in the police takes a hit with these leaks (BBC news 2007). It is therefore important to control what gets to the press. During official press releases the SIO can turn negatives into positives and focus on the positive points of the investigation. Being well prepared and having the ability to deal with the press is crucial for the SIO. It will improve the public view of the police and the investigation (Cook & Tattersall 2008:400).
Mental Health
One in four people in the UK will experience some form of a mental health problem per year. In 2013 the number of suicides for people over 15 in the UK was 6233(Mental Health Foundation 2015). The average SIO will come across cases that involve people suffering from a mental health problem. Especially with suicide cases. According to Global Burden of Disease Study (2010, as discussed in Mental Health Foundation 2015) major depression is the main contributor to the burden of suicide. There are sometimes cases where it is uncertain what happened. This death is called an equivocal death. It is important to not make conclusions to soon in consideration of the family. Gordon Hess, a captain in the Army National Guard from the State of New York, was found dead near a stream in 1998. The case was treated as a homicide form the onset. However, there were no interpersonal conflicts with the unit members, there were no signs of struggle near the scene, and no other blood types, fingerprints and objects were found besides Gordan’s. The knife that was the cause of death was near the scene, and the wounds could have been self-inflicted. Yet the Army Representatives already notified the family that Gordan had been assaulted by an unknown person or unknown persons. Later, after the autopsy report, the Public Affairs Officer made a press release, claiming that the injuries were self-inflicted. A second autopsy claimed that it was a homicide again based on what later turned out to be a post mortem artefact. Resulting in the family hiring a lawyer to find out what really happened. He brought in forensic pathologists that pointed towards homicide. In cases like these it is important to look at the motive or intent the victim could have had to take his life. Gordan was a perfectionist and when he killed the members of two friendly companies in a computer based battlefield simulation, he blamed himself. A doctor/evaluator suggested that Gordan self-inflicted the multiple stab wounds to either relieve the stress or punish himself. Gordan was showing suicidal behaviour and seemed to believe that he was doomed with no way out. This report was submitted after all the autopsy reports and numerous interviews. Time, expenses, and unnecessary emotional pain could have been spared if they waited to share the causes of death, and looked at the Psychological autopsy earlier. Going back and forth between homicide and suicide will make the final conclusion seem less secure and gives the family a reason to doubt the suicide (Adcock 2011). Nevertheless, it is important to not rule suicide without the proper (psychological) evidence. A death could be staged to look like a suicide in attempt to get away with the murder (Geberth 2006).
Mental illness could also be the consequence of a homicide. Whilst it is important to solve a case, it is also important to think of the wellbeing of the ones involved. Jeshma Raithatha, the little sister of Nishma Raithatha committed suicide four years after the death of her sister. Her sister was rxxed and murdered and Jeshma never came to terms with the loss. The victims are not only the ones killed or rxxed, but also the family and close friends. The death of the sister could have been avoided by some form of therapy. It is therefore always important to have a family liaison officer for the family that makes sure everyone is coping with the trauma (Edwards 2009, Hall 2016). Too often there is too much focus on the crime and offender, and not enough on the victims (BBC news 2010, as discussed in Hall 2016).
Incorrectly being charged for homicide has negative consequences as well. Sally Clarke was arrested for murdering her two sons after her two babies died in the same manner. All the evidence depended on a paediatrician who claimed that Clarke was a lonely drunk who resented her children for giving up her high paying job. She received life in prison. 4 years later the conviction was overturned when it became known that the paediatrician made a mistake in his calculations and the pathologist failed to hand in a report. Clarke was unable to recover from the incident. She suffered from alcohol abuse disorder and finally died from acute alcohol poisoning (BBC 2007). When a mistake is made because of insufficient investigation, it is important to make sure that the one who was negatively affected is taken care of. This death could have been prevented by not only making sure that natural death could have been ruled out, but also by providing enough support after the incident.
Conclusion
Being the Senior Investigating Officer on a case is not an easy job. You are responsible for the actions and decisions that are being made during an investigation. It is therefore important that the investigation is professionally managed and structured so that all information available is thoroughly analysed and investigated (Cook & Tattersall 2010: 2-3). When looking for suspects in a disappearance, rxxe, and homicide, it is always a good idea to look for evidence online, on the computer, and mobile phone of the victim, as well. Not looking for digital evidence could lead to a major loss of evidence. When the victim of homicide or rxxe met the suspect online, anonymity of the suspect could be quite the challenge. However, forensic techniques that work offline, such as geographic profiling, as well as IT address tracking, could lead you to a name or a location. It is extremely important to work according to the rules when working with digital evidence otherwise the evidence is useless in court (Casey 2004, Goodison, Davis & Jackson 2015).
The SIO should not only control the investigation itself but also the attention on it. Attention on the case will help with finding witnesses and information, however, it should not get to the point that it is made into a public trial. Leaking information to the press that hinders the investigation or wrongfully villainises a person, should be prevented. Information that is given to press should help the investigation, reassure the public, and give the police a good/better image. It is one of the SIO’s jobs to make sure that happens (Cook & Tattersall 2008, Lowe 2012).
Finally, a SIO should not only pay attention to mental health problems when it concerns a suicide, but also a homicide. For people involved, a suicide, homicide, and/or rxxe is a traumatizing experience. It is the SIO’s job to make sure that this is processed as best as possible. This can be done by making sure that what is been told to the family is correct. Additionally, a familial liaison officer should be provided for the family and, lastly, that everything has been done to present the right evidence to court (Edwards 2009, Hall 2016). Forming preconceived theories and approaching the current case like past cases is something that even the most experienced investigators are prone to do. Trying to find flaws in one’s own theories can limit the bias (Casey 2004: 93, 94).