Bloodstain Pattern Evidence

348 Pages·2007·32.782 MB·English

by  A. Gallop

FOREWORD
BLOODSTAIN PATTERN EVIDENCE, OBJECTIVE
APPROACHES AND CASE APPLICATIONS
FOREWORD - PRINCIPLES AND PRACTICE
This follow-up book to doolB scimanyD resembles the first in that it challenges
some of the holy grails of blood pattern analysis from a sound scientific basis.
It provides a deeper understanding of some of the principles which need to
be adhered to if investigators are not to be mislead, and we are to be assured
of safe and sustainable courtroom verdicts based on blood pattern evidence.
This reflects Anita Wonder's unusually deep understanding of blood and all its
variations, which she developed originally as a microbiologist and health care
haematologist and then as a blood pattern expert and trainer of considerable
reputation in the forensic world.
For the first time we have a clear exposition about why there should be such
lack of clarity about the terms used to describe blood patterns and which have
caused so much confusion and unnecessary debate and disagreement in the past.
Far from being prescriptive, Anita is merely concerned that we should understand
the principles underlying the terms we use so that those of us in the field can com-
municate effectively with one another and with the end users of our services.
As always, she encourages and helps her readers to rely upon analyzing indi-
vidual blood stains and groups of stains and to use these to suggest scenarios,
and only then to consider how they might impact on the specific context of the
case. The common alternative--to develop a scenario and then explore to what
extent the findings might fit it, tends to provide a sort of 'fits where it touches'
type of evidence which is often deeply flawed. Also amply demonstrated is the
importance of experimentation--not in a simplistic, pattern matching kind of
way, but to promote a deeper and unbiased understanding of how patterns have
been formed and the sorts of insights this can provide for particular case cir-
cumstances.
All in all, this book is a very valuable addition to the pantheon of blood pat-
tern analysis literature, contributing substantially to our necessary understand-
ing of the technical background which should underpin our efforts. It not only
x FOREWORD
informs but it stimulates and stretches us, causing us to question previously held
beliefs and practices. Surely this is precisely what true scientists should do and,
in this, Anita has been supremely successful.
ANGELA GALLOP
yraunaJ 2007
ACKNOWLEDGMENTS
The usual comments that a book is never the work of one person is very much
true of this one. Further, my experiences and opinions are based upon the feed-
back, discussions, and contributions of many well-qualified people with whom I
have been fortunate in coming into contact with over the years. First and fore-
most is G. Michele Yezzo, who has been my sister in spirit, business partner,
colecturer, advisor, critic, and friend for 20 years. Her input on Blood Dynamics
and Evidence Bloodstain Pattern has been essential.
The urging and moral support from Sgt. Warren Day, Sgt. Dennis Dolezal,
and Dr. Angela Gallop made this a reality. Each in their own way kept me focused
and aware of the needs of the people who do the work. Sgt. Dean Reichenberg
has been there to support me in my many experiments and his professional-
ism continues to impress all who work with him. And I will always have fond
memories of the Bloody Workshop crews. In Blood Dynamics I forgot to mention
James Conley of the Anaheim Police Department.Jim was a delightful critic and
assistant in the workshops and provided valuable feedback from the detective
viewpoint with science education (he majored in physics in college).
Not only have I been blessed with many excellent practical advisors, but I've
been uncannily lucky at coming into contact with supreme academic advisors,
including Richard Saferstein, John I. Thornton, Brian Parker, Talib ul Haq,
George Roche, Angela Gallop, and law school professor Edward Imwinkelried.
Medical doctors have been great at keeping me on track regarding physiol-
ogy and anatomy and realistic regarding injuries and autopsy findings. My first
experience with a truly great forensic pathologist was with Dr. Pierce Rooney
in Sacramento, CA, who was also one of my first clinical pathologists. Dr. Gwyn
Hall was doing a forensic residency when I met her, and she was as enthusiastic
in teaching me as in learning herself. After such a good beginning I met many
others who were helpful or not, as was their natures, but in later years my best
experience has been with the delightful Canadian Dr. Chitra Rao.
Last but certainly not least, the lawyers. My experience with attorneys has
been predominantly good. Of course I've encountered rare individuals who
want to tell me what I should say as an expert. Unfortunately they are able
to do that with the experts they use, and therefore continue. All the attorneys
xii ACKNOWLEDGMENTS
who have hired me for the full run of a case have been more interested in
learning what bloodstain pattern evidence can tell them regarding the events
involved. The attorney who was the most open to input and understood the
underlying science is now His Honor Judge John Nicholson in Australia. John
is still willing to advise and correct a legally inexperienced scientist. Of course
the best law instructor anyone could have is Ed Imwinkelried of UC Davis Law
School. I've learned that the more you know the more precise the answer to any
question.
Addendum, gratitude is due to my editor Jennifer Soucy and assistant edi-
tor Kelly Weaver. When I was given this assignment, my thoughts were "piece
of cake" since doolB scimanyD was completed in about three months. The dif-
ference between a 100 page book and a 500 page book is legion. I couldn't
have completed it without the guidance and communications from Jennifer
and Kelly.
Bloodstain pattern evidence is a science, but science applications presently
are underutilized in this discipline. Hopefully this book and those being written,
and the great minds who will read them, will enhance the process for expanding
knowledge in the future.
ANITA Y. WONDER
January 2007
SECTION I
INTRODUCTION
Figure 1-1 "How ot Kill a Horse. "A 17, O00-year-old cave painting at Lascaux, France. Reprinted yb permission of the French
Ministry of Culture. The red streaks have been identified yb French scientists as vegetation (possibly a tree). From the perspective
of bloodstain pattern analysts it selbmeser a training session, oorb servations where arterial damage occurred ot a wild .esroh
CHAPTER 1
INTRODUCTION
OBJECTIVES OF SECOND VOLUME
The publication of Blood Dynamics 1 broke with tradition in bloodstain pattern
evidence (BPE) in that the emphasis shifted from following early pattern match
exercises toward a more technical base gleaned from science disciplines not
directly related to forensics. This si consistent with the application of most of
what we now include within the field of criminalistics. Pure science research
provides the foundation upon which development and incorporation of pro-
cedures, techniques, and interpretations follows for forensic science adapted
protocols. Because BPE si relatively new within recognized science disciplines,
both subjective and objective approaches presently exist in casework, training,
and adjudications. This volume si written as an expanded follow-up to Blood
Dynamics.
OBJECTIVES FOR BLOODSTAIN PATTERN EVIDENCE,
OBJECTIVE APPROACHES AND CASE APPLICATIONS:
.1 Expand upon the science information introduced in Blood .scimanyD
2. Illustrate an objective approach to bloodstain pattern analysis (BPA) in casework.
3. Offer views from different forensic perspectives and applications of the evidence.
4. Discuss training techniques and experiences from over 30 workshops.
5. Offer suggestions toward research in this discipline.
Bloodstain Pattern Evidence si now frequently included in science presenta-
tions, training programs, and new Forensic Science publications. This indicates
that readers are interested in gaining more information regarding the investi-
gative potential of what si perhaps history's oldest form of physical evidence.
In Blood Dynamics, 2 it was suggested that Paleolithic humans, 51 millennia ago,
recognized bloodstain patterns as associated with mortality. Respiratory (exha-
lation, expiration) type blood drop distribution may be interpreted from the
spots added around the head of Wounded Bison, a cave painting at Alta Mira,
1Wonder, Anita .Y (2001). Blood Dynamics. PA ,scisneroF London.
,.dib12 .73
4 BLOODSTAIN PATTERN EVIDENCE
Spain. Another interesting pattern si seen in the 17,000-year-old cave painting
at Lascaux, France (see Figure 1-1), which resembles the dynamics and result-
ant bloodstain patterns from arterial damage (arterial spurts, gush). Blood
flows from apparent injuries (Figures 2-1 and 1-3) were carved in the walls at
the ancient city of Ninehvey (present-day Kuyunjik, Iraq) dating back 2650 to
2645 years, a Swing cast offs (cast offs) appear on a modern facsimile of an early
thirteenth century Hawaiian petroglyph (Figure 1-4). Despite this ancient and
global history, acceptance, classification, application, and training are still open
for review and revision with BPE.
Recently forensic science emphasis has focused on standardization. With
specialties such as DNA, fingerprints, fibers, drug assays, firearms, and tool
Figure 2-1
Dying Lion of Nineveh
(Iraq 650 8c). © Trus-
seet of eht British
Museum.
Figure 1-3
Dying Lioness of
Nineveh (Iraq 645 ~c).
© Trustees of eht British
Museum.
marks, standardization is essential and straig-
htforward to plan. Complete standardi-
zation may be more difficult to define with
bloodstain pattern evidence, because of the
scope of the discipline. Areas that may be
involved overlap with other defined depart-
ments and may include (but are not lim-
ited to) spatter events, bloody transfers,
coagulation information, flows with drying,
clothing examination, medical wound and
injury reports, firearms dynamics, photog-
raphy, legal preparation, public opinions,
gniyD3 ssenoiL and Dying Lion. © Copyright the Trustees of the British Museum.
INTRODUCTION 5
and various technical subjects such as phys- .................... ......... ......................................... ............... ' ......... ........ ........... .... ........... ............ ............ ' ......
ics, mathematics, colloidal chemistry, and :
engineering principles.
It may also be too early to attempt to
standardize some aspects of BPE. The most
recent scientific discoveries regarding blood
behavior have not been, at this point in time,
incorporated into understanding the disci-
pline. Furthermore, presently the ultimate
decision of whether the evidence will be used
in investigations and adjudication lies not
with science professions, but rather with law
enforcement officers and attorneys. Unfortu-
nately subjective applications may sometimes
inadvertently be favored over objective ones
when the evidence is presented. It would be
a mistake for the future of a science to stand-
ardize principles at a time when subjectivity .....
may prevail. .........................................
In Blood Dynamics, 4 the objective was to move toward a more scientific Figure 4-1
explanation of blood behavior using references from a variety of science fields. Facsimile of stone -ortep
glyph found in areas of
No effort was directed at censoring anyone engaged in the use of the evidence.
eht Hawaiian Islands.
The emphasis has always been to point out updated science principles, and
to encourage everyone to broaden their perspective of the range of potential
which bloodstain pattern evidence offers. This book will continue the techni-
cal approach begun in Blood Dynamics, and include practical applications in
actual casework. The cases presented show one way the information could be
developed. There is no claim that this is the only way to apply the information.
Learning is continuous with each exposure to cases, students, and other experts.
Bloodstain pattern evidence is the ultimate in forensic continuing education.
Because this work is designed to bring various viewpoints together, rather
than approach the material from a single perspective, different writing styles are
incorporated here. The objective is to provide useful information for a widely
divergent audience using semantics from a range of experience and academic
backgrounds. Hopefully this format can also act to bring together the many
individuals who are involved with and needed in the field of bloodstain pat-
tern analysis (BPA). The reader should check the appendixes for guidelines in
approaching case material and understanding abbreviations for terminology
used in this book.
,rednoW4 Blood Dynamics, .5
6 BLOODSTAIN PATTERN EVIDENCE
TERMINOLOGY GENERAL CONSIDERATIONS
Terminology is a source of divergent viewpoints within organizations with members
who practice bloodstain pattern analysis. Attempts to standardize terms have
been ongoing since the formation of the International Association of Blood-
'\
stain Pattern Analysts (IABPA) in 1983, an organization with approximately
80 percent law enforcement membership. The benefits of a set terminology
list cannot be denied. However, there is a problem with one list for BPE. The
involvement of professionals with different viewpoints may require more than
one definition for some terms. Since medical science is part of the full analysis,
perhaps a medical analogy will help clarify the need for alternative semantics.
If blood thinner is mentioned, most people will recognize the phrase. It is found
in newspapers, magazines, and instructions given to patients with problems in
blood circulation. In fact, there is no such thing as a blood thinner. The term is
a colloquial expression for the benefit of people who need to take medication to
prevent their blood from clotting within blood vessels, i.e., a "thinner" to prevent
"thickening." This term is not used in clinical laboratory science. Instead, analysis is
done on plasma to test for circulating anticoagulants. Physicians who treat bleeding
disorders, however, do not use the term anticoagulant, as it is deemed too narrow
for their purposes. Hematology specialists use the phrase hemostasis inhibitors. 5
An analogy to the situation with bloodstain pattern terminology would be if
a group of patients, who greatly outnumber technologists and doctors, voted to
only use the phrase blood thinners when discussing prevention of coagulation.
The refusals to comply by physicians and laboratory scientists would be analogous
to that which sometimes occurs with attempts to establish a required terminology
list derived from the law enforcement history of bloodstain pattern analysis.
The discipline is a focus of law enforcement. There is no denying the impor-
tance of good police work involving early recognition of BPE at a crime scene, and
applying careful and competent bloodstain pattern analysis. Law enforcement
agencies, and agencies dealing predominantly with law enforcement, however,
have their own specialized language. Cop speak 6 is essential in intradepartmen-
tal communication. Although ingrained and necessary, these terms should not
be required as the only acceptable terms for all involved with BPE. Bloodstain
pattern evidence, unlike DNA, toxicology, and other technical specialties, will
always be split between law enforcement and the forensic science laboratory. For
the maximum benefits to each, common ground is essential with mutual respect
for communication between different levels of experience and academics with
consideration for scientific labeling.
,grebnesoRS Robert ,.D MD, PhD. (1987). Regulation of the hemostatic mechanism. nI ehT Molecular
sisaB of Blood .sesaesiD W.B. Saunders Co., Philadelphia, 534f.
6Bugliosi, Vincent. (1996). Outrage. W.W. Norton & Co., New York.