FlashPoint June 2016
Transcription
FlashPoint June 2016
FLASH POINT T HE O FFI C I AL PUB L I CAT I O N OF T H E SA N LUI S O B I SP O F IR E T H E O F F I C I A L P U BT LHI EC AOT FI FO I NC I OA FL TP HU EB LS I AC NA IT LNI UOV INES S OTO IFBGITASHTPEI OO SNFA I NSR TELR UI KI SE OT EB AI SMP O F I the importance of bugs: why we need entomologists Volume 4, Number 2 // June 2016 slo f is t. or g abo u tSLOFIST SLOFIST about ! ! ! ! ! SLOFIST Executive Staff John Madden, President/Chief Executive Officer Barb Kessel, Chief Financial Officer Dr. Elayne Pope, Vice President - Training and Education Bob Adams, Vice President - Operations/Field Operations Stuart MacDonald, Vice President - Administration Dr. Robert Kimsey, Secretary - Forensic Sciences Director Scott Hall, Vice President - Safety ! ! Inside this Issue of Flash Point This issue discusses the manner in which firefighting has evolved from primarily fighting fire to more of a medical services response. Historical glimpses of how this has changed, as well as new technological challenges, make up a mew type of role for today’s firefighter. The newsletter concludes with a discussion of some of the legal challenges associated with the uses of new technology as well as reminders for how to maintain your credibility. ! FFDIC 2016 Course Review......................... Page 1 Spotlight: Forensic Biology ........................ Page 2 SLOFIST Directors Brian Parker, Classroom Instruction Nancy Acebo, Locating the Dead Instructor Impact of Technology ................................. Page 6 Kevin McBride, Hotel Liaison Dennis Byrnes, Logistical Operations Mike Whitney, Videography and Medical Education CEUs Jamie Novak, Photographic Documentation Jeremy Davis, Marketing/Thermocouple Data Collection Training Schedule ...................................... Page 8 Criminal Law Update ..................................Page 12 Eric Emmanuele, Marketing/Live X-Ray Data Collection Jeff Nichols, SLO Sheriff’s Department, Coroner Division Dr. Lynn Kimsey, Staff Photographer ! ! ! ! ! SLOFIST is a 501(c)(3) Non-profit organization Box 1041, Atascadero, California 93423 www.slofist.org flashpointeditor@outlook.com ! Copyright 2016, SLOFIST Bugs that Made History .............................. Page 13 Book Review .............................................. Page 16 Law Enforcement & Science ........................ Page 18 Travel Destination: Archeology ................... Page 22 FFDIC 2016 Course Overview Courtesy of Mary-Jane Harding, Archaeologist and Anthropologist, United Kingdom ! My name is Mary-Jane Harding, and I’m a PhD researcher from the UK who recently made the transAtlantic trip to attend the Forensic Fire Death Investigation Course (FFDIC) sponsored by the San Luis Obispo Fire Investigation Strike Team, Inc. (SLOFIST, Inc.) in San Luis Obispo, CA. My background is in archaeology (BA Hons), and Forensic Archaeology and Anthropology (MSc), in which I majored in Fire Investigation. My PhD is investigating the applicability of traditional and archaeological techniques in Fire Investigation, with my primary focus on fatal fires and understanding heat induced movement of fatalities. Here in the UK, I am privileged to hold a joint position as both a PhD Researcher within Cranfield Forensic Institute and Fire Investigation Academic Attachment with Dorset and Wiltshire Fire Service, following completion of my FI training. This unique practical-academic position enables me to undertake my research with participation and understanding of frontline investigations. To my mind there really is nothing more important than experiencing first-hand the complexity of fire investigation, and in particular the intricacy of undertaking a fatal fire investigation. It is very important to me that my work is applicable to frontline personnel—whichever frontline service/profession you work for —and I’m driven by my desire to undertake the best scene analysis, recording, and recovery for victims and their family. To this end, when I heard about the FFDIC course with SLOFIST Inc., I knew that it was a course I needed to attend. In the UK we are unable to use cadavers in this kind of research, and my experimentation thus far has used pigs as proxy in burns. This unique opportunity to observe and participate in such a varied set of fatal fire scenes was compelling, so I made the journey across the Atlantic. Firstly, I was taken back by the diversity of my fellow candidates, from varied professions such as District Attorney’s offices, Coroners, Police, CSI and of course a wealth of Fire Investigators. Secondly, it was so refreshing to be surrounded by likeminded individuals who had a genuine interest in expanding their knowledge of fatal fires. The classroom component was fairly intensive with an array of experts providing lectures in their field of experience and knowledge. The breadth and diversity of subject matter was very interesting, all in keeping within the fatal fire theme, and the use of real case evidence as examples certainly helped support the lectures. The practical component was extraordinary with the various scenes laid out ready for investigation, many of which were based on real case work the various Proctors had encountered in their professional capacity. Teams were created with careful consideration of the mixed skill sets of candidates, and certainly in my team I found this to be very beneficial. Processing the scene over the two days was a great way to reinforce both our collective experience and new knowledge, with all participants playing key and equal roles. In addition to the team scene investigation, I felt that observing a burn first hand was not only a very useful learning experience, but underpinned the whole week’s training. As professionals, we are primarily post-scene analysts, so to witness both fire dynamics and transitional body movement first hand aids not only our understanding, but also affords us real time knowledge. Over my academic career I have sat through many lectures (more than I care to count) and this week at SLOFIST is certainly the best week’s training I have ever encountered. To be able to participate in something I am passionate about, with like-minded individuals was brilliant—definitely worth the trip —and I made some new friends too. I would most definitely recommend attending this course, wherever you are in the world, it’s a very unique and unforgettable experience!! Mary-Jane Harding Forensic Archeologist and Anthropologist FLASH POINT — JUNE 2016 — PAGE 1 S p o tl ig h t: T h e Ro le o f the Fo rensic B io lo g ist 7/13/2016 || environmentalscience.org Biology deals with the science of living things—human, plant, animal, and everything in between. They will also study how these living systems interact with their environment. Although some will understand a single organism completely, others will learn about environmental and ecological impact of wildlife—none of these things exist in a bubble. A forensic biologist pieces together a picture of biological evidence. Effectively, they are biological detectives, looking at various aspects such as entomology, how environment shapes a living organism or how, where or when something died. ! They build a picture from the “freeze frame” evidence. How did this creature live? How did it die? What are the circumstances of its death? What is the likely sequence of its final days or hours? This detective work is unsurprising that they will often end up in law enforcement or in scientific services. Even those who examine dead bodies need to have an understanding of the wider biology such as botany and microbiology amongst other things. ! Forensic biologists are sometimes employed in anthropology in order to understand what may have brought about the end of an individual or civilization. They may also work with archaeologists to ensure that a body discovered on a construction site is ancient and not recent. Their evidence and understanding of biology detective work can be invaluable in adding a human element to the stories of the past. ! Most will find employment with law enforcement—most in dedicated research units as employees or on retainer. They can work at a state or local level with police departments, or with the FBI in criminal cases. They may even join law investigation teams and become police officers or federal agents themselves. ! That's not to say that their forensic work and acquired evidence is purely for prosecution, often suspects are acquitted on the basis of this evidence. When they do work for the prosecution, they will build up a picture of how and when the victim died—looking at soil, animal feeding patterns, the decomposition, any drugs in the system, their last meal and much more. Regardless of their capacity, they have one of two specializations available in criminal law: the first is in crime scene analysis and the second is as a lab technician. FLASH POINT — JUNE 2016 — PAGE 2 S F I A R E N I N V L E S U T I I G A S T O I O N S B T R I I K S E P T E O A M Spotlight: The Forensic Biologist Three New Species of Flesh Flies Found in Brazil and Argentina July 13, 2016 / entomologytoday.com Two new species of flies in the family Sarcophagidae, which are commonly known as flesh flies because some of them deposit maggots into the wounds of animals, have been discovered in Brazil, and another new species has been found in Argentina. All three belong to the genus Lipoptilocnema, and are described in an article in the Journal of Medical Entomology. ! The new species were discovered when taxonomists examined museum specimens from the two countries in an effort to revise the genus and its species. The discovery is significant because it may have implications for forensic entomology — when entomologist examine insects found on carcasses and corpses to determine the time of death and other clues — because sarcophagid fly larvae and adults are sometimes found on dead animals. In fact, some of the samples examined for this study were collected from the carcasses of pigs, snails, and rodents, and one was found on a dead human. ! When a partly buried body was found in the Villavicencio Natural Reserve in Argentina, entomologists came and collected larvae from the corpse. They then reared the larvae until they emerged as adults, and they were identified as a new species called Lipoptilocnema delfinado. According to the authors, “The species epithet, delfinado, is an Argentinean slang in reference to specimens that were obtained from human corpse.” ! One of the other new species, Lipoptilocnema savana, was found on a pig carcass in Brazil. The species epithet, savana, refers to the ecoregion where the species has been collected, the Cerrado, which is also known as Brazilian savanna. ! Very little is known about the biology of the third new species, Lipoptilocnema tibanae, but it is found near Rio de Janeiro. It was named tibanae in honor of Professor Rita Tibana, professor emerita of the Museu Nacional Rio de Janeiro, for her endeavors in understanding the Neotropical fauna of flies in the family Sarcophagidae. Lipoptilocnema delfinado, a new flesh fly species found on a corpse in Argentina that may be useful for forensic entomology. FLASH POINT — JUNE 2016 — PAGE 3 Sp o t l i gh t : T he Fore nsic Biolog i s t Forensic Entomology is More than Just Blow Flies and Beetles January 22, 2015 / entomologytoday.com ! Fans of CSI: Crime Scene Investigation and similar TV shows know that forensic entomology involves the use of insects and other arthropods in legal matters, including homicide cases. Entomologists who are properly trained can find clues about a corpse — for example, time of death and whether a body has been moved — by observing the insects on and around it. ! Forensic entomologists rely on certain insects that are typically found on corpses. Blow flies, for examples, can hone in on dead animals and lay eggs within minutes, and forensic entomologists can gather clues by examining the developmental stages of the larvae and the pupae. Dermestid beetles are also associated with dead bodies. In fact, their larvae are sometimes used by museums and by taxidermists to strip the flesh off of bones. A new study published in the Journal of Medical Entomology shows that other insects — ones that are not normally associated with human corpses — also interact with dead bodies, which may provide more clues for forensic entomologists in the future. ! As part of her master’s thesis, Natalie K. Lindgren, a student at Sam Houston State University, studied cadavers at the Southeast Texas Applied Forensic Science facility and made some unusual observations. “Having never worked with cadavers I did not know what it was going to be like,” she said. “My concerns about working with cadavers quickly went away when I realized for us, the researchers, there is no sadness associated with these dead people. These people or their families donated their bodies because they wanted them to be used for education, training, and research, so to fulfill their wishes we should all try to do the best science that we can.” ! Natalie’s schedule was rigorous, as she and her colleagues checked the cadavers one to four times each day for a whole year. ! A scorpionfly, Panorpa nuptialis, feeding on scalp fluids from autopsy incisions. “I was pretty much married to my cadaver research for that year,” she said. “I made myself comfortable and brought a lawn chair to sit in for taking observation notes, changing camera lenses, and for getting the insects from the kill jar into the labeled falcon tubes.” ! In two of the case studies, the researchers observed insect interactions that had not been previously documented on human cadavers. In the first one, scorpionflies (Panorpa nuptialis) were the first insects to feed upon a freshly placed cadaver. According to Natalie: ! “In the fall of 2009 we had just placed a clothed cadaver face down and were waiting for the first insects to arrive so that we could catch and document them. The first insect to show up was a scorpionfly, and it landed right next to the cadaver and then crawled onto it. I knew very little about scorpionflies and initially thought it was an incidental insect that was not there for the cadaver, but I was wrong! It walked up to the head and began feeding intently on the fluids seeping from where the brain had been removed during autopsy. As we sat there watching, other scorpionflies came to the cadaver and started mating and feeding on the cadaver too. We had surveyed several cadavers prior to this one and had expected blow flies, flesh flies, and house flies to arrive first and be the most numerous. But to our surprise, for the first few visits to this cadaver, scorpionflies outnumbered all other insects.” ! “It’s significant that Panorpidae (scorpionflies) were the first insects to feed upon a freshly-placed corpse,” said Dr. Jason Byrd, President-Elect of the North American Forensic Entomology Association, who was not involved with the research. “Entomologists rely on insect succession to help them determine portions of the postmortem interval, and FLASH POINT — JUNE 2016 — PAGE 4 More than Blow Flies and Beetles… and having a study that indicates that Panorpidae are early-arriving species will certainly assist forensic entomologists in their investigations.” scavenging behavior. Knowledge that a noctuid is an opportunistic scavenger will be beneficial to entomologists because the pattern of scavenging is likely different than that of other insects, and it should not be accidentally attributed to a pattern injury from a human perpetrator.” ! In another case, Natalie and her colleagues saw a caterpillar (Spodoptera latifascia) in the family Noctuidae chewing and ingesting dried human skin: ! “One cadaver that was still somewhat fresh had many of his toenails removed when no one was around. We hypothesized that some animal from the woods had come in and chewed/pull them off during the night, but the cameras did not catch the activity. Interestingly, the porous, soft flesh that had been previously covered by the toenails had filled with bright-red blood, so that from a distance these feet appeared to have brightly-painted toenails. Due to this phenomenon, any time I walked by this cadaver, even if it was not his turn for observations and collections, I could not help but to stare at his toes. On this day, I was walking by and could see from a distance that there was a caterpillar on his toes, so I scrapped my usual order of observations and went to see what this caterpillar was doing. I had seen caterpillars on roadkill before, but they appeared to be incidental, just in the wrong place at the wrong time. I sat and watched this caterpillar crawl around on the toes, and then it settled and began to chew and ingest the flakes of rough skin next to where the toenail had once been in the same manner that a caterpillar chews down the side of a leaf. Luckily, I had my macro lens on my camera and I got great shots of this behavior to show others, because I knew that they would not believe me otherwise! If I had been earlier or later in my observations that day, or had not stopped and watched what this caterpillar was doing without disturbing it, then I would have missed that it was actually interacting with the cadaver and was not incidental.” ! A noctuid caterpillar ingesting dried skin near the toenail of a cadaver. ! After her field research was completed, Natalie hit the books to find out whether her observations were new or unusual. “It was a different kind of fun to get into the literature and try to figure out if others had reported these species interacting with cadavers or carrion and under what circumstances. I spent months and befriended our lovely librarian Bette Craig trying to answer those questions. I did not want anybody else to have to start from ground zero on a literature review if one of these species, or a closely related species, is found in association with a casework or research cadaver. I sincerely hope that this article contributes to our understanding of decomposition ecology and motivates others to observe and collect insects we usually think of as incidental during decomposition studies.” ! “The report of the noctuid caterpillar found chewing and ingesting dried human skin is interesting because we need to interpret the various postmortem artifacts that manifest on human remains,” said Dr. Byrd. “Roaches, ants, crayfish, starfish, bees, and wasps all leave characteristic markings as a result of their This noctuid caterpillar was unexpectedly found ingesting dried skin near the toenails of a cadaver. FLASH POINT — JUNE 2016 — PAGE 5 The Impact of Technology California Man Arrested for Piloting Drone Over Wildfire Associated Press / July 16, 2016 ! Authorities have arrested a man they say flew a drone over a Northern California wildfire and grounded firefighting aircraft. Eric Wamser, 57, of Foresthill in Placer County was arrested Friday on suspicion of interfering with firefighting operations. It's not clear whether he has a lawyer. ! State fire spokesman Daniel Berlant says Wamser allegedly flew a drone over the Trailhead Fire (seen to right) on June 28 near the American River. The 5,600-acre blaze forced hundreds of people from homes in Placer and El Dorado counties. ! Berlant says authorities tracked down Wamser after he posted video from the drone on social media. Berlant says there have been dozens of similar drone incursions in fire areas over the past two years but Wamser is the first person arrested by state fire investigators. ! ! ! Drones Are a Big Problem for Firefighters Battling Massive Blazes time.com / June 27, 2016 / Julia Zorthian ! “They’re forcing air crews to land to avoid collisions.” As at least three major wildfires rage across the American southwest, the people tasked with controlling them are contending with an unusual problem beyond the flames themselves: Drones. ! Officials say that small personal drones are increasingly being spotted flying near or above wildfires, interfering with aircraft used for aerial firefighting and firefighter transport operations. Small drones operating near wildfires put those aircraft at risk of collision. It’s unclear why people are flying drones near wildfires, but it’s likely they’re being used to record video footage of the blazes. ! Firefighters spotted two drones in their air crew’s operating area on Wednesday in Arizona, the Arizona Republic reports. A drone almost collided with a fire crew’s helicopter in Utah the same week. ! Over the weekend, airborne firefighters in California had to stall their operations when they spotted drones in the area while fighting the San Gabriel Complex fire. The U.S. Forest Service issued a warning in response, saying that flight restrictions were in effect and reminding the public that drone operators interfering with fire crews could be fined or jailed, according to The Los Angeles Times. ! U.S. Forest Service spokeswoman Jennifer Jones told the Republic that drone activity over firefighting areas is becoming more frequent, reaching 21 reported cases last year and 9 so far this year. Three of this year’s drone incidents resulted in air crews returning to the ground, delaying the operations. “There’s no centralized method for tracking incidents, but we started to notice the trend of seeing UAVs over fire suppression operations in 2014,” Jones told the Republic. ! Some drone advocates say they can be used to assist first responders in their efforts, but only when deployed with the acknowledgment and cooperation of authorities. Federal aviation officials recently approved a rule that opens the door for further use of drones in commercial applications, a move that may result in more drone firms offering their services to firefighters, search teams and so on. FLASH POINT — JUNE 2016 — PAGE 6 The Impact of Technology U.S. Forest Service officials are asking drone operators to stay away from the CA wildfires, as firefighters complain that drones are interfering with their efforts. Nine different wildfires are still burning throughout California, with almost 70,000 acres burned so far. Over 5,000 firefighters are working on containing the fires, state and federal authorities say. While drones can be used to assist in natural disasters, helping with both search and rescue operations and mapping to identify the centers of the blazes, firefighters complain that drone operators looking for images of the fires are interfering with their ability to fight the fire from the air. ! CA has enacted heavy local restrictions against drones, making it a challenging space for any type of drone operator. Interference with the states’ commonly occurring wildfires is one of the most frequently cited reasons for heavy drone regulation, as firefighters in helicopters sometimes refuse to take off if they see a drone in the vicinity. The U.S. Forest Service told drone operators on Sunday that they may face serious criminal charges if they violate the emergency flight restrictions currently in effect. “When drones interfere with firefighting efforts, a wildfire has the potential to grow larger and cause more damage,” the agency stated in an incident report. Drone industry leaders are asking all drone operators to behave responsibly and observe any temporary flight restrictions around the natural disasters – as new federal regulations make it likely that the use of drones will expand, it behooves the drone community to ensure that the public comes to view drones as a help, rather than a hindrance in emergency scenarios. ! With hundreds of media headlines complaining that drones had interfered with firefighters, only one pointed out that drone aerial mapping had been used to assist officials to chart the real-time progress of the fire. Stay Away From the CA Wildfires! Complaints About Drones ARTICLE FROM DRONE LIFE // JUNE 28, 2016 // BY MIRIAM MCNABB FLASH POINT — JUNE 2016 — PAGE 7 Training Schedule — Plan Ahead for 2017 Courses J a n ua ry 2017 Forensic Vehicle Fire Investigation Course Chowchilla, CA January 23-27, 2017 — 40 hours See fireinvestigationindustries.com for further information. J u n e 2017 Death Scene Investigation Course (DSIC) San Luis Obispo County Fire Department Training Grounds June 2017 (TBD) — 40 hours To enroll, go to https://glencraiginstitute.com, or forensicoutdoor@gmail.com Airway Management Lab California Highway Patrol, Air Operations, Paso Robles June 2017 (TBD) — 4 hours Check in occasionally at www.slofist.org for updates on this course. Automobile Versus Bicycle Reconstruction Course (AVBRC) San Luis Obispo County Fire Department Training Grounds June 2017 (TBD) — 6 hours Check in occasionally at www.slofist.org for updates on this course. Locating the Dead (LTD) — Cadaver Dogs/Handlers/Observers San Luis Obispo County Fire Department Training Grounds June 2017 (TBD) — 8 hours Check in occasionally at www.slofist.org for updates on this course. Forensic Fire Death Investigation Course (FFDIC) San Luis Obispo, Embassy Suites Hotel San Luis Obispo County Fire Department Training Grounds June 24, 2016 — June 30, 2017 (40 hours) Secure your spot now at www.slofist.org for this course. FLASH POINT — JUNE 2016 — PAGE 8 New Technology in the News Privacy row over FBI iris scan “trial” bbc.com // July 13, 2016 The FBI has collected nearly 430,000 iris scans over the past three years, an investigation by technology website The Verge, has revealed. ! What started as a pilot in 2013 has grown into a database "without any public debate or oversight", said the American Civil Liberties Union. It amounted to "runaway surveillance", director of technology Nicole Ozer tweeted. The FBI said it was developing "best practices" for iris image capture. The project was launched in September 2013 and has seen the FBI collaborate with agencies in Texas, Missouri and California. ! The iris data, taken from people who have been arrested, can be scanned in a fraction of a second. Privacy International told the BBC: "It is deeply concerning that hundreds of thousands of people's iris scans are being added to a biometric database without public debate, proper safeguards, or even awareness that such data has been taken and is being stored. ! "If our biometric data is to be collected at all, such systems should not be introduced or continued before a public debate, strong legal frameworks, and strict safeguards are in place." "It is deeply concerning that hundreds of thousands of people's iris scans are being added to a biometric database without public debate, proper safeguards, or even awareness that such data has been taken and is being stored. ! The scan takes a detailed image of the ridges in the colored part of the eye, which are as detailed and distinctive as a fingerprint. An average of 189 iris scans were collected every day in California at the start of 2016, according to documents obtained by The Verge. ! The program was started to "evaluate technology, address key challenges and develop a system capable of performing iris image recognition services", according to the FBI's website. Such technology is necessary in order to easily track criminals and quickly catch repeat offenders and suspects who try to hide their identities, the FBI argued. ! The project falls under its $1 billion nextgeneration identification system that aims to expand the bureau's old fingerprinting database to other identifiers such as facial recognition and palm prints. FLASH POINT — JUNE 2016 — PAGE 9 New Technology in Old News Through Airport Security in the Blink of an Eye boomberg.com // August 13, 2012 // Ashlee Vance New iris scanning technology cuts airport wait times from 49 minutes to 22 seconds. If there’s such a thing as frequent-flyer porn, it might be The Future Passenger Experience, a recently issued white paper from AOptix Technologies. The 10-page document presents an idyllic future in which a traveler shows up at an airport, tosses his bag on a conveyor belt, breezes through security, and boards a plane without ever dealing with another human or handling any documents. This is all accomplished with new face and iris scanners that can quickly identify a person—even a fidgety one—and automatically approve his progression through the normally onerous process of getting on an airplane. ! AOptix, a 100-person outfit based in Silicon Valley, says it has the technology to pull off this vision of the future. The company has developed a scanner that can snap an iris from a few feet away in about a second. “It has to be easy enough for an 80-year-old Tibetan grandmother who has never flown before,” says Dean Senner, chief executive officer of AOptix. Senner is championing the idea that by 2020 the vast majority of people will be processed automatically at airports by matching iris scans against databases. ! Movements to implement biometric scanning at airports gain steam every few years, but iris scanners have been too slow and inconsistent for heavy use. Privacy experts are also concerned about an iris database being hacked and someone having their biometric identity stolen. Still, some big-name investors, including venture capital firm Kleiner Perkins Caufield & Byers, have bet that AOptix has finally overcome those problems. On Aug. 23 the company was set to announce it has raised $42 million in its latest funding round, bringing its investment total to $123 million. ! With conventional iris scanners, the subject usually needs to be about a foot from the machine and remain still while the scan takes place. AOptix makes a tower roughly the height of an average person that can take a scan from about eight feet away. “They’ve become quite famous for making it so that people can just walk up and do the scan without needing to be precisely placed in front of a machine,” says Patrick Grother, a computer scientist at the National Institute of Standards and Technology. It takes around eight seconds to register both eyes in a database on a passenger’s first scan and just a second or two in subsequent scans to recognize them. ! In AOptix’s Future Passenger Experience scenario, flyers will walk up to a scanner when they arrive at the airport to verify their identity. Then, if they’ve registered before and been prescreened, they can go through a fast lane at security. Finally, they’ll walk up to an e-gate, which will open up and let them board a plane after one last iris and face scan verifies their identity. AOptix was founded in 2000 by two astronomers from the University of Hawaii who worked with deep space telescopes atop the islands’ mountains. The researchers hit on new techniques for correcting the ways in which the atmosphere distorts the starlight reaching their telescopes. Over time, their insights evolved into the basis for a long-range, wireless communication system. Originally, the basic technology worked like this: An operator fired a laser at a target equipped with a malleable lens and some software. Iris Scanning Tech In The News FLASH POINT — JUNE 2016 — PAGE 10 F I R E I N V E S T I S A N G A T I O L N U I S S T R I O K B E I S T E P A O M The software then performed about 30,000 calculations per second to determine how the atmosphere was affecting the laser beam. The lens, about the size of a 50¢ piece, changed its shape 1,000 times per second via electrical impulses to clean up the signal. “It’s like putting on a pair of glasses that are always adjusting,” says Senner. The end result is the ability to send a huge amount of information over a reliable wireless connection. ! At first, AOptix had difficulty convincing would-be clients that you could send a high-bandwidth laser beam hundreds of kilometers. Eventually the company won over the Pentagon, which has been using the technology for years to shuttle information to ground stations from drones and planes without having to land them and pull out their hard drives. ! While the military business was profitable, the market was small. So in 2005, AOptix hired Senner—a Lockheed Martin veteran who later ran Thales Navigation, the maker of Magellan GPS devices—to expand the business. Early in his tenure at AOptix, Senner sequestered his top executives and engineers in a hotel suite to dream up novel uses of the technology. The results of that brainstorming have started to appear over the past couple of years. One is a suitcase-size system that wireless carriers can use to link cellular transmission towers when fiberoptic cable is impractical. Senner also sees a market for this technology among high-speed financial traders who will pay big bucks for millisecond advantages. “The shortest path between a trader’s building in New Jersey and an exchange in New York could be a wireless signal,” he says. ! AOptix has trials under way for other ventures, but to date its security products have shown the most promise. Its InSight towers, which perform both facial and iris scans, sell for $40,000 each. In Qatar, 80 of the towers are in use at all the air, land, and sea borders to compare people’s eyes against a growing database of scans. Meanwhile, the Dubai International Airport has been running trials of the technology at a terminal that handles about 40 million people per year. It has cut immigration wait times from an average of 49 minutes for most travelers down to 22 seconds. Gatwick Airport uses the towers as well to confirm the identity of people moving between the international and domestic terminals. ! Despite growing acceptance, biometric scans still present serious concerns. Senner says AOptix’s technology makes its growing line of equipment tough for hackers to crack. In a demonstration at its Silicon Valley headquarters on Aug. 10, he showed off its latest device, a case that slips around a smartphone and makes it possible to record iris scans, photos, fingerprints, and voice patterns. In a test run, the device took all of my identification vitals in a couple of minutes, a feat equal parts impressive and disconcerting. ! Ann Cavoukian, information and privacy commissioner of Ontario, says she has been discouraged by the company’s tendency to avoid discussing privacy issues head-on. “What bothers me is there is just no mention of privacy issues anywhere on their website. Privacy does not exist for them.” ! So…what happened between 2012 and 2016? Are we reinventing the wheel? FLASH POINT — JUNE 2016 — PAGE 11 -FP Cell Phones In The News Judge: Don’t expect privacy if you leave your phone at a crime scene Williams Pelegrin // June 27, 2016 // digitaltrends.com ! If a tree falls in the middle of the woods and no one is around to hear it, does it make a sound? Sure, why not? If you leave your phone behind while you are running away from a crime scene and your name is Matthew Muller, are you entitled to a reasonable expectation of privacy? According to a California federal judge, the answer is no, reports The Sacramento Bee. This all started in 2015 when authorities found a Samsung Galaxy phone at the scene of a home burglary in Dublin, California. Authorities were able to get the phone’s actual number using 911’s caller ID, though Verizon asked to see a warrant when police asked Big Red to find out who the number belonged to. Police managed to get a warrant within a few hours and tracked down Muller after finding out the number was registered to his stepfather. ! Interestingly, police found materials related to a separate kidnapping case while executing the arrest. In that case, Denise Huskins was kidnapped from the home of her boyfriend, Aaron Quinn, in Vallejo, California, in March 2015. Quinn was instructed to deliver $17,000 in two ransom payments to the kidnapper. Authorities believed the kidnapping story to be a hoax, since Huskins did not show up for a flight to Northern California in order to speak with the police. However, it was after the kidnapper called the Vallejo Police Department confirming the story and both Huskins and Quinn took to the media that police believed that Huskins was a victim of kidnapping. The couple are suing Vallejo officials over the ordeal. As such, when Muller was eventually found and arrested on June 5, 2015, not only was he arrested for the burglary, but for the kidnapping as well. Muller pleaded to the burglary charge, but denied any knowledge of the kidnapping. ! Thomas Johnson, Muller’s lawyer, wants all evidence against Muller thrown out. According to Johnson, when authorities got Muller’s phone number by dialing 911, that constituted an illegal search, particularly since Muller did not intentionally leave his phone behind. As such, it violated Muller’s Fourth Amendment right of being free of unreasonable searches and seizures. Johnson used Riley v. California as an example, since the case made it unconstitutional to search a phone without a warrant unless it was an exigent circumstance, such as abductions and bomb plots. ! However, federal prosecutors do not agree with Johnson, arguing that “a burglar has no reasonable expectation of privacy in something he places in an intruded-upon house.” Furthermore, the police only used the phone to dial 911 and waited until the warrant was granted to search it, argued prosecutors. Finally, prosecutors did not believe that Riley v. California applies, since that case was concerned with the search of a phone at the time of arrest. ! With the final say in the matter, U.S. District Judge Troy Nunley sided with the prosecutors, saying that Muller leaving the phone behind was the definition of abandonment. The judge also said that there is an exception, since the officer established exigent circumstances. ! “I simply can’t buy the argument that a person violently assaults some homeowners and then goes back: ‘Can I get my phone back please?’ Assuming that it wasn’t abandoned, if this is a search, then there is an exception because the office did establish exigent circumstances,” said Judge Nunley. ! Muller’s trial is scheduled for January 30, 2017. FLASH POINT — JUNE 2016 — PAGE 12 Famous Cases Solved by Entomological Evidence 10 Ways Creepy-Crawlies Helped Solve Heinous Crimes Candace McMillan | November 19, 2014 | listverse.com ! 10. Sung Tzu The first documented case of insects used in a criminal investigation comes from China’s Song Dynasty. Sung Tzu, a lawyer and death investigator, wrote The Washing Away of Wrongs in 1247. This book served as a guide for investigators and provided instructions for assessing a crime in a productive manner. The book mentions a murder case that Tzu solved using insect activity in 1235. The victim was murdered by slashing, and Tzu ordered the men of the village to lay their sickles on the ground. He found that flies were attracted to one specific sickle. He hypothesized that the flies were attracted to invisible matter on the sickle, and the murderer soon confessed. Tzu’s attention to detail and careful documentation of his investigations laid down the fundamentals for forensic entomology. The book was immensely popular, and it introduced to the general public the idea that insects could be used to solve crimes. Still translated and printed today, The Washing Away of Wrongs remains a treatise on forensic science. ! 9. Bergeret d’Arbois In 1855, the mummified remains of an infant were found behind the wall of a Parisian apartment by the new owners. Investigators had no idea if the former owners had killed the infant and placed the body in the wall, or if the new owners were responsible. How long had the child been dead? That’s what French doctor Bergeret d’Arbois set out to discern. After studying the different insects present and the duration of their life cycles in the corpse, d’Arbois was able to estimate the period that had elapsed between the infant dying and the discovery of the body. He determined that the accumulation of insects within the corpse pointed to a level of decay dating several years back. His analysis concluded that the baby had died in 1848, exonerating the new tenants. Based on testimony from the doctor, police deduced the logical suspects to be the occupants of the house in 1848, and they were subsequently arrested and convicted of the murder. ! 8. Buck Ruxton The case of Buktyar Rustomji Ratanji Hakim, an Indian-born physician better known as Buck Ruxton, gripped the United Kingdom in 1935. In a fit of jealous rage, Ruxton murdered his wife, Isabella Kerr, and their maid, Mary Jane Rogerson. In an effort to hide his crime, Ruxton mutilated the bodies and scattered the parts. When the gruesome discovery of the remains was made, maggot specimens were collected and sent to Dr. AG Mearns at the University of Edinburgh. Dr. Mearns, an expert on insects, was able to determine the date on which the body parts had been deposited in the countryside based on the presence of bluebottle larvae, better known as maggots. The maggots helped pinpoint the date of death, and Ruxton’s alibi soon unraveled. This was the first time a maggot had been used in a court of law in the United Kingdom. Ruxton was found guilty and hanged in May 1936. ! 7. Kevin Neal On July 9, 1997, Kevin Neal reported his step-children missing. Two months later, two small human skulls and badly decomposed remains were found in a nearby cemetery. By studying the locations on the bodies where blowflies had laid their eggs, it was determined that the children had likely been asphyxiated. The entomologists concluded that the egg-laying pattern would have been different had bullet or knife wounds been present. Using climatological data and the life cycle of the blowflies on the children’s bodies, experts were able to calculate the earliest time the children had been dead. Neal, who had been imprisoned for an unrelated crime shortly after the children went missing, argued that he could not have been the murderer because he was in jail. But when the absence of other species of flies that prefer different states of decomposition were analyzed, it was determined that the children had died no earlier than July 9 and no later than July 14, well before Neal was incarcerated. The state of Ohio convicted Neal of murder. He is currently serving a life sentence. FLASH POINT — JUNE 2016 — PAGE 13 Creepy Crawlies Solving Crimes 6. Vincent Brothers Vincent Brothers was suspected of killing his wife, mother-in-law, and three children in California in 2004. However, Brothers had a solid alibi: He claimed that he was visiting family in Ohio during the time of the murders. Since he’d never left the state, there was no way he was responsible for the deaths of his family members. Or was there? FBI agents assigned to the case felt sure that Brothers was their man, but needed to disprove his alibi. The air filter and radiator from Brother’s car were sent to UC Davis insect expert Lynn Kimsey. Investigators hoped that Kimsey could identify the bugs in the radiator grill and ascertain where they came from. She testified that the species of dead bugs in Brother’s rental car were from California and other locations strictly west of the Colorado Rocky Mountains. She said that there was no way the bugs could have been in Ohio. The time of year and the species of the insects present served as evidence that Brothers had driven the car to commit the murders and then gone back to Ohio. There were also no daytime insects on the car parts, indicating that the car had been driven mostly at night. In 2007, a California jury found Vincent Brothers guilty of five counts of first-degree murder. Brothers was sentenced to the death penalty. ! 5. Jonathan Blackwell Jonathan Blackwell went missing from his job at a Virginia Goodyear Plant in October 2004. In December 2006, his remains were discovered near a barn in North Carolina. But there was a problem: He had been missing for over two years, so how could the blowfly larvae that were found buried with his remains be only seven days old? Faced with that dilemma, an investigator on the case contacted Wes Watson, a professor of entomology at North Carolina State University. Based on the presence of the fresh maggots, Watson determined that the shallow grave in which Blackwell was found had not been his first grave. He concluded that Blackwell’s first burial must have preserved his body somewhat, leaving tissue for new blowflies to colonize after his killer dug him up. This is the first report of blowflies emerging from soil covering a corpse. If it hadn’t been for the maggots, a crucial piece of evidence would have been overlooked: the fact that the body had been moved. The killer, a man named Stacy Maurice Webster, turned himself in to the authorities a few days later and was convicted of murder in 2010. ! 4. Kristine Switzer The bullet-ridden body of Kristine Switzer was found in an abandoned house on May 4, 2004, in Beltzhoover, Pennsylvania. There were no witnesses and no evidence other than the mass of maggots crawling around the victim’s body. Forensic entomologist William Todaro concluded that the murder of Stewart had taken place sometime between April 25 and April 27. The temperature in the vacant building provided the ideal climate for flies to lay eggs on the cadaver. Though late April was still fairly cool, Todaro reported that flies usually became active above 45 degrees. He developed a timeline based on a comparison between the stages of fly development and the weather in the area during that time. A woman named Lenora Maiolo eventually came forward and admitted that she had spent April 26 smoking crack and driving around with Kristine Switzer and a man named Augustus Stewart. Stewart, a drug dealer, thought that Switzer had been snitching to police, so he shot her. Stewart was found guilty of first-degree homicide. ! 3. Steven Truscott Steven Truscott was only 14 years old when he was sentenced to die in Canada for the murder of his childhood friend, Lynn Harper. Harper was last seen riding on the handlebars of Truscott’s bike on the afternoon of June 9, 1958. Her body was found nearby two days later, raped and strangled. Witnesses testified that they had seen the children together at 7:00 PM, but Truscott had been alone at 8:00 PM. Investigators were convinced based on evidence from Harper’s stomach contents that Truscott had managed to commit the crime during that lone hour, and the original coroner concluded that Harper had died at approximately 7:45 PM. Truscott was convicted of murder in 1959 and sentenced to hang, but was spared because of his youth. Paroled in 1969, Truscott devoted his life to proving his wrongful conviction. Entomologist Richard Merritt of Michigan State University used original photographs and precise measurements of insects taken when the remains were discovered in 1958 to conclude that there was no way Harper died the evening of June 9. Based on maggot size, Merritt testified at Truscott’s appeal hearing that Lynn was most likely killed the morning of June 10. Forty-eight years after the original verdict, the court ruled that the conviction had to be set aside in light of new testimony. FLASH POINT — JUNE 2016 — PAGE 14 Creepy Crawlies Solving Crimes 2. David Westerfield On the night of February 1, 2002, seven-year-old Danielle Van Dam disappeared from her bedroom in San Diego, California. Neighbor David Westerfield claimed to be driving around the desert and beach in his RV, but this alibi proved false when he was spotted barefoot and haggard at a local dry cleaners. Westerfield dropped off two comforters, two pillow covers, and a jacket that would later yield Danielle Van Dam’s blood. He was placed under 24hour surveillance and the RV was impounded and searched. It was later discovered that Danielle Van Dam had sold Girl Scout cookies to Westerfield on several occasions. When child pornography was found in his home, the noose began to tighten. He was arrested on February 22 after stains on his clothing and inside the RV proved to be Danielle’s blood. Searchers later found her body on February 26 in a remote area east of San Diego. Entomology testimony figured heavily in Westerfield’s trial. The defense consulted three different entomologists, all of whom testified that flies first laid eggs on Danielle’s body sometime in mid-February, long after Westerfield was under surveillance. Eventually, under cross-examination by the prosecution, the scientists could not agree on an exact time of insect colonization, and Westerfield’s alibi fell apart. Westerfield was found guilty and sentenced to death. ! 1. Shafilea Ahmed Shafilea Ahmed was a 17-year-old British Pakistani girl. She disappeared on September 11, 2003. Upon being absent from school for a week, her worried teachers informed police. A nationwide hunt was launched but failed to turn up any trace of Shafilea. Prior to her disappearance, Shafilea had visited Pakistan and turned down an arranged marriage proposal. In a bid to avoid the arranged marriage, Shafilea tried to kill herself by drinking a bottle of bleach. This incident left her throat badly scarred, but she lived. When she failed to show up anywhere seeking treatment for her throat, investigators suspected foul play, although her parents claimed that she had run away with a boyfriend shortly after the arranged marriage fell through. Her body was found in February 2004. Entomologist Amoret Whitaker was called in to testify. Maggot evidence found on Shafilea’s body proved that the girl had died as soon as she had disappeared, disproving her parent’s suggestion that she had run off. Shafilea’s younger sister confessed to police that their parents had murdered Shafilea after she would not accept the arranged marriage. They felt that her refusal would bring shame to the family. Her parents were found guilty and sentenced to life in prison. ! ! Interesting Data: Of these ten cases, two of the suspects were from California (Vincent Brothers and David Westerfield) and both are one of 747 inmates serving life sentences at San Quentin (below). To see a list of these inmates,Click here. -FP FLASH POINT — JUNE 2016 — PAGE 15 ey xo p u a r n d l yi o b u r r a d r Thought-Provoking Read — Law Enforcement and Science y Failed Evidence Why Law Enforcement Resists Science David A. Harris // 269 pages September, 2012 // ISBN: 9780814790557 ! With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth, asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science—it rejects it instead, resisting it vigorously. The question at the heart of this book is why. ! »» Eyewitness identifications procedures using simultaneous lineups, showing the witness six persons together,as police have traditionally done, produces a significant number of incorrect identifications. ! ! »» Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect’s guilt significantly increase the prospect of an innocent person confessing falsely. »» Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment. Examiners generally claim a zero rate of error – an untenable claim in the face of publicly known errors by the best examiners in the US. ! Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer. Justice demands no less. ! REVIEWS "Failed Evidence is a masterful expose of both the flaws in our criminal justice system and the reasons many police and prosecutors are unwilling to correct them. If real change is to occur, would-be reformers need to ingest this book. Its prescriptions, all based on the latest scientific findings, would go a long way toward eliminating wrongful convictions and ensuring accurate verdicts.” — Christopher Slobogin, Vanderbilt University Law School ! "Primarily intended for those in law enforcement, forensic science, and the legal fields, this book details potential pitfalls of the way investigative work is conducted and suggests new alternatives.” — Library Journal ! See here for American Bar Association review. ! AUTHOR David A. Harris is Distinguished Faculty Scholar and Professor of Law at the University of Pittsburgh. He is the author of Good Cops: The Case for Preventive Policing and Profiles in Injustice: Why Racial Profiling Cannot Work. He lives in Pittsburgh, PA. FLASH POINT — JUNE 2016 — PAGE 16 S F A I R N E L U I S I N V E S T O I B I S P G A T I O O N S T R I K E T E A M ADVERTISE WITH SLOFIST v i e w i n g c l i e n t s Your ad will reach hundreds of current and prior SLOFIST FFDIC attendees, their families, acquaintances, and business partners via e-mail. Also, as FLASH POINT is posted on the SLOFIST website, anyone viewing the website can view the newsletter and your advertisement(s). 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Additionally, e-mail ad copy to the newsletter editor at flashpointeditor@outlook.com C O M Date check received: P L E T E D B Check/PO Number: Y S L O F I S T Amount: 1/2016 LComplications A W E N Associated F O R C with E MStatements E N T & sLEc &i Science e n c e Eyewitness testimony is a double-edged sword in criminal investigations. A reliable eyewitness can solve a crime – but it can also point at the wrong person. Witness testimony has been more rigorously questioned and doubted in the courtroom than ever before – especially since a steady drumbeat of exonerations have emerged from eyewitness-only cases without physical evidence. The eyewitnesses are now expected to be handled in a controlled and scientific manner, without allowing the possibility of suggesting details of a crime – so-called “memory contamination.” ! But two studies based on recall experiments conducted by a Dutch team indicates that, under certain conditions, collaboration between two witnesses can improve overall accuracy and recall of events. “When it comes to memory for events, two heads together may not know more than two heads apart, but they do sometimes know better,” conclude the authors, from the Vrije Universiteit Amsterdam. ! ! ! forensicmag.com by Seth Augenstein / June 28, 2016 ! ! ! ! Witnesses who were well known to one another could prompt each other verbally to remember more than they did individually, the team contends in papers published in the journals Memory and Legal and Criminological Psychology. The latest study presented 40 groups of people with an eight-minute videotaped violent event. Half were individuals – and the other half were life partners, who had known each other for decades. The details of the violent event – including the weapon used, and the circumstances between the actors – were scored and determined the accuracy of the subjects. ! The couples scored higher. They could consistently manage to remember more than the individuals, since they were encouraged to prompt one another in conversation and accumulate more details of the violent event. The pairs also made fewer errors than the control group, who had to remember everything themselves, according to the scientists. “Around the world, police officers are instructed to prevent discussion between witnesses, because witnesses may adopt each other’s errors. In contrast, we found that collaboration between witnesses significantly reduced errors, without reducing correct recall,’ the authors conclude. ! But this was a particular set of circumstances involving couples who were better able to work cooperatively to reconstruct each other’s memories, they were quick to add. “Based on these findings, we would certainly not advocate that witnesses should always be allowed to talk to each other, since the circumstances in the present study were optimal for collaborative benefits to emerge. We do call into question, however, the sweeping statement that witnesses should never be allowed to discuss the event,” they add. ! Previous studies have used mechanisms like false suggestions, and differing events entirely to show how memory can be corrupted by suggestion. This latest study, however, relied on a single event presented to both people at the same time. ! Witness testimony is still being studied and reconsidered in the justice system. A study last December by psychologist John Wixted from the University of California San Diego found that initial confidence in identification determined how accurate the testimony ultimately was deemed. “Memory contamination” can result from police questioning and other attempts at recall, contended the study, in the Proceedings of the National Academy of Sciences. ! Is David Harris correct in his book (see book review)? Or have these researchers hit the nail on the head? -FP FLASH POINT — JUNE 2016 — PAGE 18 Complications Associated with Statements LE & Science Think David Harris is off base? Consider these recent articles…then decide LA County to pay $10 million to man imprisoned for 20 years LA Times / July 19, 2016 ! Los Angeles — Los Angeles County will pay $10.1 million to a man who spent 20 years in prison before his murder conviction was overturned. Supervisors voted Tuesday to settle a lawsuit filed by Francisco Carrillo Jr. Carrillo was 16 when he was convicted of killing Donald Sarpy in a drive-by attack in Lynwood in 1991. He was sentenced to life in prison. ! However, witnesses who identified Carrillo as the gunman from a photo lineup recanted in 2011, saying they couldn't see the killer's face. A judge ruled that the eyewitness evidence was false or tainted and ordered Carrillo released. Carrillo sued the Sheriff's Department, contending that a deputy coerced a witness to pick Carrillo's photo. ! ! Man, 69, convicted of four-decade-old Hollywood murder July 14, 2016 / Seattle Times ! Los Angeles — A 69-year-old man has been convicted of killing a woman during a Hollywood apartment robbery nearly 44 years ago. Authorities say Harold Holman was convicted Wednesday of first-degree murder and could face life in prison. He’s already serving 45 years for killing a Santa Monica couple and for a string of high-rise residential burglaries in the 1980s. ! Prosecutors say that in August 1972, Holman bludgeoned to death a 79-year-old widow, Helen Meyler, in her bed in a second-floor Hollywood apartment. She was robbed and sexually assaulted. Authorities say DNA evidence found at the scene linked Holman to the crime. He was charged with Meyler’s murder last year. ! ! Venezuela first lady's nephews “confessed” in drug case July 24, 2016 / BBC News ! Two nephews of Venezuela's first lady confessed to conspiring to import cocaine into the US after being arrested last year, court filings by US prosecutors on Friday said. Efrain Campo, 29, and Francisco Flores, 30, were arrested in Haiti in November and put on a plane to New York where they are in jail awaiting trial. Both men have pleaded not guilty. Their lawyers have argued that their post-arrest statements made during the flight to the US should be suppressed. They say the defendants did not fully understand their rights under US law to remain silent. ! Friday's filings by prosecutors were made to oppose this motion and intended to show that the men were not coerced when they spoke to US Drug Enforcement Administration (DEA) agents. Prosecutors accuse the defendants of conspiracy to import 1,760 pounds of cocaine into the US from Venezuela, via Honduras. ! The case emerged out of a series of investigations by the US authorities, which have linked people connected with Venezuela's political elite to drug trafficking. It has been an embarrassment for Venezuelan President Nicolas Maduro, whose administration is battling political and economic turmoil. FLASH POINT — JUNE 2016 — PAGE 19 Complications Associated with Statements — LE & Science Chilcot: Why we cover our ears to the facts July 10, 2016 / BBC News ! Do people moderate their views when presented with overwhelming evidence to the contrary? Not necessarily, writes Matthew Syed. We like to think that we apportion our beliefs to the evidence. After all, isn't this the hallmark of rationality? When information comes along which reveals we should change our minds, we do. Or do we? Consider an experiment, where two groups were recruited. One group was adamantly in favor of capital punishment. They had strong feelings on the issue, and had publicly backed the policy. The other group were adamantly against, horrified by "state-sanctioned murder”. ! These groups were then shown two dossiers. Each of these dossiers were impressive. They marshaled wellresearched evidence. But here's the thing. The first dossier collated all the evidence in favor of capital punishment. The second collated all the evidence against. Now you might suppose that, confronted by this contradictory evidence, the two groups would have concluded that capital punishment is a complex subject with arguments on both sides. You might have expected them to have moved a little closer in their views. In fact, the opposite happened - they became more polarized. ! When asked about their attitudes afterwards, those in favor of capital punishment said they were impressed with the dossier citing evidence in line with their views. The data was rigorous, they said. It was extensive. It was robust. As for the other dossier—well, it was full of holes, shoddy, weak points everywhere. The opposite conclusions were drawn by those against capital punishment. It was not just that they disagreed with the conclusions. They also found the (neutral) statistics unimpressive. From reading precisely the same material, they became even more entrenched in their positions. ! What this (and dozens of other experiments) reveal is the way we filter new information when it challenges our strongly-held beliefs or judgements. We use a series of post hoc maneuvers to reframe anything inconvenient to our original position. We question the probity of the evidence, or the credentials of the people who discovered it, or their motives, or whatever. The more information that emerges to challenge our perspective, the more creatively we search for new justifications, and the more entrenched we become in our prior view. This tendency is called "cognitive dissonance”. ! You can see the hallmarks of cognitive dissonance in the build-up to and aftermath of the Iraq War. The Chilcot report made pointed criticisms over the legal advice, lack of cabinet oversight and post-war planning and policy. But let us focus on the way the primary evidence used to justify war—namely, the existence of WMD—was serially reframed. On 24 September 2002, before the conflict, Tony Blair made a speech where he emphatically stated: "His [Saddam Hussein's] WMD programme is active, detailed and growing… he has existing plans for the use of weapons, which could be activated in 45 minutes…” c o g n i t i v e d i s s o n a n c e d i weapons s s toorepel n Western a nforces, c and e the The problem with this claim is that Saddam's troops didn't usedsuch i s s o n a n c e s psychologists s o n Jeff a Stone n and c eNicholas initial search for WMD drew a conspicuous blank. And yet, asdthe i social d i s amend s o nviewa- henreframed c e Fernandez have pointed out in an essay on the Iraq conflict,dBlairi didn't s s o his n a n c e the d are i literally s s thousands o n a n c iteis only evidence. In a speech to the House of Commons, he said: "There of sites...but d i s s o n a n able c e now that the Iraq Survey Group has been put together that a dedicated d i steams ofopeople…will n a be n c toedo the d i evidence s s o n a n c e job properly…I have no doubt that they will find the clearest possible d i s s ofoWMD." n a n c e d i s s o n a n c e ! dof the i s s report, o n a here n c e The Chilcot report: For BBC News reports and analysis d i Chilcot s s o nclick a n c e ! FLASH POINT — JUNE 2016 — PAGE 20 Complications Associated with Statements — LE & Science why we cover our ears to the facts So, to Blair, the lack of WMD didn't show that they were not actually there. Rather, it showed that inspectors hadn't been looking hard enough. Moreover, he had become more convinced of the existence of WMD, not less so. ! Twelve months later, when the Iraq Survey Group couldn't find the weapons either, Blair still couldn't accept that WMD were not there. Instead, he changed tack again arguing in a speech that "they could have been removed, they could have been hidden, they could have been destroyed”. So now, the lack of evidence for WMD in Iraq was no longer because troops hadn't had enough time to find them, or because of the inadequacy of the inspectors, but because Iraqi troops had spirited them out of existence. ! But this stance soon became untenable, too. As the search continued in a state of desperation, it became clear that not only were there no WMD, but there were no remnants of them, either. Iraqi troops could not have spirited them away. And yet Blair now reached for a new justification for the decision to go to war. "The problem is that I can apologize for the information that turned out to be wrong, but I can't, sincerely at least, apologize for removing Saddam," he said in a speech. "The world is a better place with Saddam in prison.” This is not intended as argument against Blair—rather, as an illustration of the reach of cognitive dissonance. Indeed, when you read the Chilcot report, this tendency, not just with regard to WMD, peppers almost every page. ! Science has changed the world because it prioritizes evidence over conviction. Judgements are subservient to what the data tells us. The problem is that in many areas of our world, evidence is revised to fit with prior assumptions - and the tragedy is that we are often unaware of this process because it happens subconsciously. It is noteworthy, for example, that the Chilcot report nowhere states that Blair was actively deceitful. The good news is that we can combat this tendency, and measurably improve our judgements, when we become alert to it. Indeed, the hallmark of pioneering institutions is that they deal with cognitive dissonance not by reframing inconvenient evidence, but by creating systems that learn from it (and thus avoid related biases such as "group think”). This “Had non-intervention in Syria should be the most important lesson of Chilcot. achieved peace, Blair would likely ! still have found a way to interpret When so-called Islamic State launched a major offensive in Iraq in 2014, and the that evidence through the lens of country was on the brink of a civil war—which some commentators linked to the the rightness of his decision to 2003 invasion - Blair found another avenue of justification. He pointed to the invade Iraq.” policy of non-intervention in Syria, which had descended into its own civil war. In an article written for his personal website, he said: "In Syria we called for the regime to change, took no action and it is in the worst state of all." In other words he might be suggesting: "If things look bad in Iraq now, they would have been even more awful if we had not invaded in 2003." ! For our purposes, the most important thing is not whether Blair was right or wrong on this point, one which he re-affirmed this week. The vital thing to realize is that had non-intervention in Syria achieved peace, Blair would likely still have found a way to interpret that evidence through the lens of the rightness of his decision to invade Iraq. In fact, he would probably have become more convinced of its rightness, not less so. ! And this is why the Chilcot report, despite its mammoth detail, will have little effect on the core judgements of those involved with the Iraq War. As with everything else, it will simply be reframed. ! — Matthew Syed is the author of Black Box Thinking: Marginal Gains and the Secrets of High Performance FLASH POINT — JUNE 2016 — PAGE 21 S A F N I R L E U I I S N V E O S B I S P T I G A T O I O N S T R I K E T E A M Little Known Destination Full of Archaeology—Bardsey Island The Tiny Island of 20,000 Graves bbc.com/travel / Amanda Ruggeri / April 13, 2016 ! Once a centre of power and one of the holiest places in Britain, today Bardsey Island has only four year-round residents – and no electric grid, cars or indoor toilets. Bardsey Island doesn’t have cars, paved roads, an electric grid or indoor toilets. The population includes 200 grey seals, 300 sheep and just four year-round humans – making the island’s sheep-to-person ratio larger than even that of New Zealand. Mobile reception, if you can get it, comes from Ireland, which lies 55 miles west across the Irish Sea. But for centuries, this small Welsh isle was anything but a backwater. “For much of its history, the island has been superior to the mainland,” said Colin Evans, who runs regular (weather permitting) boat trips to Bardsey. “The centre of power has changed.” Located two miles off the coast of northern Wales’ Llŷn Peninsula, Bardsey today is known as the “island of 20,000 saints”; the island’s largest population resides underground. And while 20,000 graves may seem like a stretch for landmass that measures just 1.5 miles by half a mile, its centuries of importance means the real number might well be close. Romantic legends hold that Bardsey was sacred to Celtic druids, and that it was the real Avalon where King Arthur was buried. In the 6th Century, it’s said the Welsh kings of Llŷn and St Cadfan together founded a monastery here. Then came an especially resonant idea, which stemmed from a story about Cadfan’s successor St Leuddad: that anyone who died on the island would not go to hell. By the early Middle Ages, these traditions helped make Bardsey one of the holiest places in Britain. With religious importance came political. From the island, the Bardsey abbot administered a section of mainland that ran some seven miles up the coast. As late as the 19th Century, long after the monastery had gone, Bardsey bustled with 140 residents. You wouldn’t know any of that if you headed there now. On a recent spring day, I boarded Evans’ boat on the small, rocky beach of Porth Meudwy at the tip of the Llŷn Peninsula. Twenty minutes of salt spray and sunshine later, we were pulling up to an island shaped like a humpback whale. Islanders referred to that hump as “the mountain”. At 165m, it was more of a hill. Even so, its east side was steep enough to make a cosy cliff habitat for colonies of peregrines, razorbills, Manx shearwaters and puffins. As we idled, 50 penguin-like guillemots watched us from their rocky perch. In all, 310 bird species have been recorded on the island. When we landed, their birdsong competed with the groans of grey seals, some two dozen of whom had taken up residence on the rocks. FLASH POINT — JUNE 2016 — PAGE 22 The Island of 20,000 Saints Like many of Britain’s islands, Bardsey is a national nature reserve and a site of special scientific interest. Unlike its neighbours, however, Bardsey is also the last working island in Wales. Once there were nine farms in operation here. Now there is just one, which manages 300 sheep and 26 cattle. Jo and Steve Porter have run it for the past nine years; they also produce honey, grow vegetables and run a small craft shop and cafe. I made my way to the shop first. The one-room store works on trust, with a lockbox for depositing your cash in exchange for handmade willow baskets and wool rugs. I took a seat at one of the handful of picnic tables outside – the cafe – as Jo brought coffee from the kitchen. Of course, there is fishing here, too. Evans’ father, the last person to attend Bardsey Island’s schoolhouse before it closed down in the 1950s, was just pulling in on his lobster boat when we landed. The industries may not be much, but they are enough to set the island apart. “What Bardsey has that other [Welsh] islands don’t have is they are wildlife islands, conservation islands,” said Richard Farmer, chairman of the Bardsey Island Trust, which bought the island in 1979. “The Trust maintains Bardsey as a living community.” Balancing the island’s needs as a nature reserve and livable community are challenging, however. Take the island’s houses, nine of which are rented to visitors on a weeklong basis. Given Bardsey’s often-forbidding climate – the winds tend to hit 30mph for at least a week per month during winter, while January sees more than 130mm of rain – repairs are often needed. But because the houses are historically protected, when the windows are replaced they must be handmade to the pattern cut by carpenters 150 years ago. And because rare lichens grow on the roofs, roof repairs require approval, too. The resulting expenses can be out of reach of the Trust, which has just 300 members. Between that and the difficulty of life on an island with no running water, where the weather can keep you from getting to a doctor or grocery store for weeks, it may be unsurprising that there are just four residents who live here year-round and only nine residents for most of the year. (The number can go up to 80 in summer.) But by forging a life here, these residents are engaging in a millennia-old tradition. Busy sea routes once would have connected the island with Britain and Ireland. Evans believes that his family, who trace their roots on Bardsey back to at least 1770, likely has Irish descent. And perhaps also Viking: the island’s name probably came from the seafaring Norse. “People think that islands are remote, but they’re not,” Evans said. “They may be comparatively remote today, but years ago they were in the world’s traffic.” In fact, people have occupied Bardsey since as early as 7500BC. Archaeologists have recorded no fewer than 45 likely prehistoric sites on the island, including cremation burials, flint blades and earthworks that may have been round houses. Then came the monks. The island became a place of pilgrimage: three visits to Bardsey counted the same as one to Rome. (Pilgrims still come here today). By the mid-12th Century, the still-surviving Book of Llandaff – a compilation of texts covering some 500 years of history of the Welsh diocese of Llandaff – recounted that Bardsey “was called the Rome of Britain”, not least of all “for its sanctity and dignity, because there were buried therein the bodies of 20,000 holy confessors and martyrs”. FLASH POINT — JUNE 2016 — PAGE 23 The Island of 20,000 Saints Locals say that if you dig anywhere on the island, you’ll hit a body. In the only comprehensive excavation, done in the 1990s at the ramshackle stone house of Tŷ Newydd just south of the modern-day chapel, archaeologists turned up 25 medieval graves. One body had a 10th-century silver coin in its mouth. But there is no trace of the 6th-century monastery. Even the later abbey, built in the 13th Century, is all but gone. Walking up the dirt road from the cafe past meadows filled with bleating lambs, I almost missed it completely: all that is left is a ruined 8m-tall stone tower, standing in the chapel’s graveyard. After the monks left with the 1536 Dissolution of the Monasteries, Bardsey became a haven for pirates. By the time order was re-established, it was in reverse: now the mainland ruled Bardsey. Still, the community thrived in the 19th Century, selling lobsters, oysters and crabs. But by 1931, the population had fallen to 54. In one 1925 newspaper story headlined “Life Too Dull: Why Bardsey is being deserted”, the reporter explained that young people wanted access to the “kinema”. There is still no cinema on Bardsey. But changes are slowly coming. Solar panels – not gas bottles – now power the refrigerators, although residents still have no central heating. And thanks to a new satellite broadband link, residents can communicate with those on the mainland. Farmer and Evans hope that these small changes might entice more people to live here. But, Farmer added, Bardsey will never be fully modernized. And those who love it wouldn’t want it to be. “It’s a place of simplicity that’s away from the 21st Century,” he said. That might mean challenges for those living here. But it also makes it an extraordinary place to visit – one of such peace, silence and natural beauty that, even for those who aren’t believers, coming here feels like a pilgrimage. -FP FLASH POINT — JUNE 2016 — PAGE 24 t h e l a s t e m b e r R A R I T Y ! B U R N E D A devastating fire destroyed a 1964 ! diesel engine multiple unit (named Thumper due to the sound coming from the diesel engine) at the Swindon & Cricklade Railway Society base at Blundson Station (UK) on May 20. It is being investigated by Dorset and Wiltshire Fire & Rescue and Wiltshire Police. Fires like these have no borders. The team approach solves, and hopefully, proves cases like this. s a n l u i s f i rS e L iO nF v IeS sT t i g a t i o n o b i s p o F O L D SLOFIST Box 1041 Atascadero, CA 93423 H E R E T O M A I L Send To: SLOFIST — San Luis Obispo Fire Investigation Strike Team PO Box 1041 // Atascadero, California // 93423 ! w w w . S L O F I S T . o r g s t r i k e t e a m