Bloodstain Pattern Evidence - A. Gallop (Elsevier, 2007) WW

348 Pages·2007·32.78 MB·English

FOREWORD

BLOODSTAIN
PATTERN
EVIDENCE,
OBJECTIVE

APPROACHES
AND CASE APPLICATIONS

FOREWORD
- PRINCIPLES AND PRACTICE

This follow-up book to Blood Dynamics 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

January 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 Bloodstain Pattern Evidence 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 Blood Dynamics 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 to Kill a Horse. "A 17, O00-year-old cave painting at Lascaux, France. Reprinted by permission of the French
Ministry of Culture. The red streaks have been identified by French scientists as vegetation (possibly a tree). From the perspective
of bloodstain pattern analysts it resembles a training session, or observations where arterial damage occurred to a wild horse.

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 is 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 is relatively new within recognized science disciplines,

both subjective and objective approaches presently exist in casework, training,
and adjudications. This volume is 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 Dynamics.

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 is 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 is perhaps history's oldest form of physical evidence.
In Blood Dynamics, 2 it was suggested that Paleolithic humans, 15 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. AP Forensics, London.
21bid., 37.

4
BLOODSTAIN
PATTERN
EVIDENCE

Figure 1-2

Dying Lion of Nineveh
(Iraq 650 8c). © Trus-
tees of the British
Museum.

Spain. Another interesting pattern is 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 1-2 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 1-3
Dying Lioness of
Nineveh (Iraq 645 ~c).
© Trustees of the 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,

3Dying Lioness 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

explanation of blood behavior using references from a variety of science fields.

No effort was directed at censoring anyone engaged in the use of the evidence.

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.

Figure 1-4

Facsimile of stone petro-
glyph found in areas of
the Hawaiian Islands.

4Wonder, 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.

SRosenberg, Robert D., MD, PhD. (1987). Regulation of the hemostatic mechanism. In The Molecular
Basis of Blood Diseases. W.B. Saunders Co., Philadelphia, 534f.
6Bugliosi, Vincent. (1996). Outrage. W.W. Norton & Co., New York.