Criminal Poisoning: Investigational Guide for Law Enforcement, Toxicologists, Forensic Scientists, and Attorneys (15 page)

The object that initiated the investigation was the victim, so it is with the victim that one begins searching for answers to important questions. What has become known as “victimology” is a study of the victim that it is hoped will reveal clues that can answer questions of
why
and
who
. Why was the person possibly a target? By answering this question, one begins to determine whether there was any individual who would have anything to gain either physically or mentally from the victim’s death. One needs to get a complete history of the victim, including a detailed financial background. Remember, the victim himself or herself is the most important crime scene.
Interviews are From: Forensic Science and Medicine: Criminal Poisoning, Second Edition By: J. H. Trestrail, III © Humana Press Inc., Totowa, NJ

69

70

Criminal Poisoning

Figure 5-1

critical, for except for suicides, few poisoned victims die in isolation—they are surrounded by other people!

Regarding the crime scene, with poisoning multiple locations may have come into play during the planning and execution of the murder. Each location can yield important clues that must be included in the complete case investigation. Some of the locations and the items to look for to yield clues are as follows:

• Where the victim was
found
(vomited material, clothes containing poison residue).

• Where the poison was
administered
(medicine bottles, food/beverage containers).

• Where the poison was
disposed
of (storage areas, trash containers, sink traps, vacuum cleaner bags).

• Where the poison was
prepared
(tools with poison residues, utensils, clothes, containers).

• Where the poison was
procured
(stolen items, receipts of purchase, signature on a poison register, computer files).

The criminal investigator needs to look closely at the environment of the crime scene regarding place and time. Does the crime scene show that it might have been manipulated? In other words, is it too clean?

How many offenders might have been involved in this crime? With poisonings, the vast majority will involve a single offender on a single victim.

This type of crime usually is not a group activity, although a few cases have Crime Scene Investigation

71

been documented in which multiple offenders have poisoned a victim or victims.

What matters is not the perfection of the poisoning crime, but the degree of imperfection of the detection process! The poisoner does not have to worry about disposal of the victim’s body. The poisoner counts on the medical system doing it for him or her.

5.1. PHYSICAL EVIDENCE

The analysis of whether a crime scene appears organized or disorganized can often yield valuable information about the mindset of the killer.

The poisoner usually will exhibit some characteristics of both the organized and disorganized personality. The organized poisoner has a planned offense and usually leaves no weapon or evidence at the crime scene. By contrast, the disorganized poisoner leaves the evidence in plain view at the death scene.

The criminal investigator needs to look carefully at the death scene to answer the following important questions: Does the body disposition show the possibility of an unnatural death? Are there items intentionally left or strangely missing? Are there any unusual odors? Investigators must remember to be aware of the masking effect of tobacco smoke on unusual odors associated with some poisons (e.g., cyanide, solvents, and fumes) and not allow smoking at the crime scene. Finally, is there evidence of “staging” (pur-poseful alteration of the crime scene)? It must be kept in mind that with the poisoner the scene will be left mostly in a natural state, except that the vehicle for administering the poison may have been removed or cleaned. As the famous French forensic scientist Dr. Edmond Locard (1877-1966) taught, “Every contact leaves a trace.” This is now known as Locard’s Exchange Principle.

5.2. INVESTIGATIVE CONSIDERATIONS

If there was a first-aid responder, that person should be interviewed as to what the victim looked like before therapy was attempted. Was the victim cleaned up? If so, where are the materials that were used in the cleaning?

They may contain valuable toxicological evidence. In addition, investigators need to keep the following in mind. First, they need to remember that what seems obvious may be totally wrong. Second, there should never be an unconscious selectivity of evidence; they must examine the evidence as a whole, and not only those parts that support their belief. Third, they should never attempt to manipulate evidence, or its interpretations, in an attempt to please law enforcement or attorneys.

72

Criminal Poisoning

5.3. SEARCH WARRANTS

If the poisoner does not think he or she will be suspected, the area of preparation may not be cleaned up, for it is the “den of security.” Why hide something one does not think an investigator will ever look for? It is important for investigators to stay within the “four corners” of the search warrant, meaning the corners of the pages of the warrant. It defines the only param-eters of the allowed search. On the search warrant, the exact location and items that need to be investigated must be specified. Of course, to obtain a search warrant, there must be “probable cause,” as defined under the Fourth Amendment to the US Constitution. “Probably cause” is when known facts and circumstances, of a reasonably trustworthy nature, are sufficient to jus-tify a person of reasonable caution or prudence in the belief that a crime has been or is being committed. Above all, it must be remembered that a poison can be found anywhere, so one must search areas such as wastebaskets, sink traps, garbage cans, and work locations. The poison most likely will be in small quantities (< 200 g), not in a 50-lb barrel in plain sight.

There are related items to search for, and the criminal investigator should consider all of the following: publications on poisons, receipts for procurement of chemicals, medical publications, poison recipe cards, chemical catalogs, diaries/journals, and computer files and records.

Criminal investigators should also do the following when executing a search:

• Read over the search warrant and affidavit prior to executing it and become familiar with all the details of the proposed search.

• Remember to leave a copy of the search warrant at each location that has been searched. Leave a receipt, and note the date and time of the execution and secur-ing of evidence.

• Maintain a complete and detailed inventory of seized properties.

• Do not consume any edible materials at the site, because they may be tainted, or one may be destroying important evidence.

5.4. POISONING DEATHS COMPARED

WITH OTHER TYPES OF VIOLENT DEATHS

As a crime, poisoning exhibits some nuances usually different from the more violent and traumatic homicides. The offender is usually secretive, quiet, and covert and will not confide in others about the intention or execution of the murder. The victim will usually exhibit no external signs of violence. The crime almost always involves careful planning and cool deliberation (the murderer engineers the well-conceived opportunity). The poisoner is most Crime Scene Investigation

73

thoughtfully and seriously concerned with preventing discovery of the crime, and he or she is probably the most cunning of murderers. The offender usually possesses a high degree of skill as well as knowledge of the victim’s routine and personal habits and usually acts alone; thus, there will be an absence of witnesses. The offender kills because he or she truly believes that he or she can get away with the crime. A poisoning murder is usually an intimate or “household” crime, with the principals usually united by close emotional ties (the marital bond is the most common).

Additional contrasts are that the victim of a poisoning is defenseless, with no protection, and, therefore, it is not likely that there will be any defensive kind of evidence. The offender has a high degree of knowledge of the lethal potentialities of the poison used, because he or she has researched the poison.

It has been stated that poisoning is the least used method of homicide, accounting for only 3–6% of known homicide cases (Adelson, 1974). Because of the complexity of poisoning homicide, it is one of the most difficult homicides to prove. Homicidal poisoning is almost always murder, never manslaughter (unless the offender is judged to be legally insane), because it involves premeditation, deliberation, and intent to kill.

5.5. INVESTIGATING A CRIMINAL POISONING

To better the chances of detecting a murder by poison, all death investigations should be handled as homicide cases until the facts prove otherwise.

To begin an investigation, it is necessary to gather some facts that may help determine whether the death might have been owing to a poisoning incident. If the victim is still alive, the investigator should ask questions that deal with symptoms, how he or she feels, and if the onset of these symptoms coincided with a common event. If the victim is dead, these same questions should be asked of any other individuals who had contact with the deceased. (The investigator should always remember that he or she may be interviewing the
actual poisoner!)
Table 5-1
summarizes essential pieces of information that need to be gathered (Department of the Army, 1967).

If the criminal investigator determines that a poison is likely to have been involved in the death, then he or she must determine the possible source of the poisonous weapon. It is imperative to look for a paper trail that might show taking possession. If the poison was procured at a pharmacy, the investigator should ask to see the pharmacy’s “poison register,” which should indicate the date, purchaser’s name and address, name of the substance, amount purchased, and intended use. Was there a commercial source, such as a chemical supply company, that might have purchasing records? Is there a possible 74

Criminal Poisoning

Table 5-1

Information to Obtain During a Poisoning Investigation What was the location of the victim when symptoms first appeared?

What were the symptoms?

Did someone give the poison intentionally? (Who might have done it, and what was the motive?)

Did the victim administer the poison himself or herself (accidental or intentional)? If so, why?

Who called for help? (When and how?)

What did the victim do just prior to the appearance of symptoms?

What did the victim eat or drink prior to the appearance of symptoms?

Did the victim abuse any drugs or controlled substances (which could have been adulterated)?

Was food or medication requested or offered? (Who prepared it, and who served it?) Did any other person consume the same items, and if so, how are they feeling?

Was the victim in the habit of consuming the substance in question?

Was the victim in the habit of consuming any type of alcohol not intended for drinking?

Did the victim eat or drink anything after the symptoms first appeared?

Did the victim take any medicine before the appearance of symptoms?

What was the victim’s general health condition?

Was the victim recently unhappy, depressed, jealous, or angry?

Did the victim have money on his or her person prior to the appearance of symptoms?

What was the condition of the victim’s estate, and did he or she owe large sums of money?

Who would inherit the victim’s estate, and do they have immediate financial needs?

Did the victim have any recent difficulties with his or her employment?

Was anyone jealous of the victim because of his or her position? (Who might be promoted?)

Did the victim receive any threatening letters or other communications?

Did the victim receive any unsolicited gifts by mail for birthday or special holidays?

Was an unsolicited sample of a new product received in the mail?

Adapted from
Crimes Involving Poison
, Department of the Army Technical Bulletin TB PMG

21, Department of the Army, Washington, DC, 1967, pp. 11–13.

computer trail that shows purchase of the material over the Internet? Did the offender have any connection with an industrial or educational institution that would have allowed him or her to steal the material?

5.6. PHYSICAL EVIDENCE

The criminal investigator should take into evidence any and all of the following types of materials from the crime scene: remains of food and drink, drugs, medicines, chemicals, glasses, bottles, spoons, syringes, and soiled linen or clothing.

Crime Scene Investigation

75

5.6.1. Product Tampering

There is always the possibility that the death was owing to a substance that had been tampered with (e.g., food, drug, cosmetic). According to the Federal Anti-Tampering Act, it is a felony to tamper with foods, drugs, devices, cosmetics, and other consumer products. There are certain governmental agencies that now or in the past have been involved in the investigation of product tampering. For example, prior to 1989, the Food and Drug Administration (FDA) maintained the Elemental Analysis Research Center, in Cincinnati, Ohio, and, in 1989, the FDA began the Forensic Chemistry Center, also located in Cincinnati.