George Zimmerman - Defendant’s Rights and the Media

On Thursday, June 14, The Daily Breeze (a newspaper here in Southern California) reported that a judge in Orlando, Florida, had ruled that statements made by George Zimmerman to police detectives after he fatally shot Trayvon Martin can be released to the public.  The judge further ruled that the identities of witnesses who had not been identified yet, can stay private.  The article went on to state that both the prosecutors and Zimmerman’s defense attorney had wanted to keep both Zimmerman’s statement and the witnesses identities private.

Additionally, according to the article, the judge said disclosing Zimmerman’s statements to police detectives would not jeopardize his ability to get a fair trial.  Further, the judge ruled that tests given to Zimmerman after the shooting could be released, as well as some crime scene photos and Zimmerman’s recorded telephone calls from jail.

Where do I begin?  The United States Constitution guarantees the accused the right to, among other things, a fair and impartial jury.  This judge’s ruling allows key elements to the case, including Zimmerman’s statement to police, crime scene photographs, and Zimmerman’s recorded telephone calls from jail to be released to the press.  Among other things, this allows the potential jury pool that will sit in judgment of Zimmerman to view  key evidence of the case before it can be argued in court.  Potentially this information can be splashed all over newspapers and be argued by so-called experts on TV talk shows again before a trial even begins.

I note also that the article stated that both the prosecution and the defense attorneys argued against the release of this information.  Ironic that both opposing counsels argued against it but the judge ruled in favor of the news media who wants to have it.  Is it just me that thinks this ruling says that the rights of the news media trumps those of the defendant who is on trial. 

At least the judge ruled against releasing the identities of the witnesses in the case who have not yet been identified.  Can you imagine the circus that would have ensued if he hadn’t?  You would have had news agencies parked out in front of their houses and knocking on their homes or workplaces just to get an exclusive interview.

I am not arguing the guilt or innocence of George Zimmerman here.  That should be done in a court of law with all the evidence presented before a jury of his peers.  What I am saying is that this latest ruling by a Circuit Court judge in Florida troubles me greatly in regards to Mr. Zimmerman chances of getting a fair and impartial jury.

WHEN THE BAD GUY DIDN’T DO IT

During my police career, I put many suspects in prison for crimes they committed.  There were two cases, however, where I proved that the arrestee didn’t do it.  What was even more extraordinary was that both of these arrestees were two of the biggest jerks I ever handled. 

The first case involved the suspect being arrested sitting in a stolen car that had been taken in a residential burglary.  He had a lengthy arrest record and had already done time in prison.  When I interviewed him at the police station, besides being an incessant chatterbox who just wouldn’t shut up, he tried to tell me that a guy had picked him up and had given him the keys to the car.  He had fallen asleep in the car and was subsequently arrested by some uniform officers.  When it came time for his court date, he asked to see me.  In the lock up interview room he told me that the suspect who had given him the car was also in the lockup that day.  He saw him on the transportation bus from the jail to the court lockup and had even gotten his name.  I followed up on it and was able to prove that his story, incredible as it sounded, was true.  I was able to get the charges against him dropped, and filed burglary and auto theft charges against the other individual.  From that day on, every time he saw me either on the street or when he was at the police station, he always made it a point to thank me.

The second case was another residential burglary.  When I interviewed the arrestee at the police station, he was very arrogant and antagonistic.  As memory serves me, he had been identified by a witness and the case seemed very strong against him.  As I got further into the investigation, however, it became apparent that he hadn’t committed the crime.  When I went to court and requested the case against him be dropped, the public defender told me that his client was one of the most obnoxious persons he had ever represented.  That being said, he didn’t do the crime, and he was subsequently released.

Here’s the bottom line: As an investigator, your job is to find the truth.  If someone is charged with a crime, no matter what his background or record is, if he didn’t do it, then he goes free and you continue your search for the guilty party.  That’s what justice is all about.

WHY WOULD YOU DO CRIMINAL DEFENSE?

Although its not the major part of my business, I do occasional criminal defense cases for some top notch, ethical defense attorneys.  As a retired police detective, I’ve been asked numerous times by current and former police officers why I would do any criminal defense work.  When I do get asked that question, I always respond with the fact that in the United States, every defendant is presumed innocent and is entitled to a defense.  I then bring up the fact of the Duke Lacrosse players who were filed on for serious criminal charges by a rogue prosecutor, convicted in the press in a trial by media, then ultimately, completely exonerated.  If not for a spirited defense team, these young men would have been sent to prison for a crime that never happened.

On a personal note, I was the defense investigator in a case in which a police officer was accused of excess force in apprehending a suspect. Criminal charges were filed against him and he was facing prison if convicted.  I was able to find an independent eyewitness whose testimony cleared the officer of any wrong doing, which resulted in a not guilty verdict.

A person’s whole life can change in a blink of an eye.  Sometimes, like in the Duke Lacrosse players case, the judicial system can do terrible things. In police work, officers have to make split second decisions that can go horribly wrong.  When it seems like the weight of the whole criminal justice system is aligned against you, it’s just your attorney and your defense investigator that stands between you and jail.  Pray that you’re never placed in that situation, but if you ever have the nightmarish experience of being arrested and formally charged with a criminal offense, you’ll understand why I do criminal defense work.

THE TRAYVON MARTIN CASE

Here are my thoughts on the Trayvon Martin case.  This is a case where emotions are running very high, both in the city of Sanford, FL where it happened, and on the national scene.  Political pundits and arm chair experts are constantly commenting on every news leak or story that comes out.  From an outsider investigator’s perspective, here’s what is known.  We have a young 17 year old boy (Trayvon Martin) who is dead from a gunshot wound.  We have a Neighborhood Watch volunteer (George Zimmerman) who claimed he shot him in self-defense.  We have a taped conversation between the shooter and a police dispatcher.  Other than that, it’s mostly conjecture and relaying on news leaks.

Here’s what I think will be important to the case from an investigative standpoint.  If the police did their job, they would have canvassed the neighborhood for witnesses to the shooting.  They would be looking for anyone who saw anything before the shooting, the actual shooting itself, and immediately after the shooting.  The police probably canvassed the area on more than one occasion.  Any eyewitness interviews to the events should have been videoed and tape recorded.  This would go a long way in dispelling any claims of police coercion and also be of assistance if any witnesses subsequently change their story. 

If Zimmerman was knocked to the ground and was subsequently being struck by Martin as some reports are saying, they would be looking for physical evidence of it.  Zimmerman’s clothing would be examined for any evidence of grass stains, dirt or other residue consistent to the ground area where the shooting happened.  Just as important is if there was any evidence of this on his clothing?  Was it on his back, his side etc. 

The press has reported that Zimmerman claimed he was struck in the nose and face and also hit the back of his head when he fell.  If so, they would interview any paramedics that treated him at the scene.  Were there any signs of injury? Photographs should have been taken to show whether there was or wasn’t any injuries that would have been conducive to these claims.  It is important to note that often times swelling and discoloration doesn’t reach its peak until a day or two after an injury.  Subsequent follow-up photos should have been taken.  

One critical piece of this investigation would have been discovered at the autopsy.  What was the trajectory of the bullet when it was fired at the victim? Does it match up with the events as described by the shooter? Was it on an upward trajectory that was conducive with the shooter lying on his back and firing upward or was it at a different angle.  This would be a critical piece of evidence.

STAGED BURGLARY INVESTIGATIONS

Private investigators can be called upon by insurance companies to conduct an investigation of one of their client’s claims due to a residential or business burglary.  Usually the claim has raised some red flags with the insurance company and they want an investigator to look at it.  

First, interview the insurance company representative to find out their concerns in the case.  Many times a claimant has taken out a policy shortly before the burglary.  Find out the date the policy was requested, the date it was issued, and the date of the burglary.  Has the claimant made any prior burglary claims?  Check and see if the claimant or his/her significant other has any recent bankruptcies, tax liens or judgments filed against them.

Obtain a copy of the burglary report and review it.  Pay close attention to the point of entry that was made and the object used (Bodily force, pry tool, brick etc.).  Interview the police officer(s) who were at the scene and took the report.  Ask them if they had any concerns regarding what they saw at the crime scene.  Most police officers and detectives have been to hundreds of burglary crime scenes.  Those that appear to be suspicious usually jump out at them.  If any photographs were taken, ask to view them.  Pay close attention to what the photographs show at the point of entry and the amount of ransacking.

Lastly, interview the claimant in person and conduct a crime scene investigation.  Did the claimant have any photographs or sales receipts of the items claimed taken in the burglary.  Is it physically possible that the burglary occurred the way it was claimed?  Could a suspect(s) physically have done what is in the report? 

Burglars usually know the places to look in a residence for jewelry, money, guns, electronic equipment etc.  They may do some ransacking, but it’s usually not extensive because they want to get in and get out quickly before being discovered. They usually don’t take large, bulky items and oftentimes use a pillow case to stash their loot in.

Most people have little experience with burglary crime scenes.  Their big mistake is that they usually over produce it.  Excessive ransacking is always a red flag.  I vividly recall on investigation where the claimant had dumped multiple drawers in each room throughout the house.  He had even moved dining room furniture and left it by a door.  Large paintings had also been moved to appear that they were being staged to go out the door.  On another case, the point of entry was claimed to be a window smash.  The problem was that the majority of the broken glass shards were on the lawn outside of the house rather than on the floor underneath the window.  It was apparent that the window had been broken by someone standing inside the house.

SURVEILLANCE WORK: PI’S VS COPS

A number of people have asked me about the differences in vehicle surveillance work between law enforcement agencies and private investigators.  Probably the biggest difference is that law enforcement agencies usually use at least two or more vehicles in tailing suspects while private investigators usually do it alone with one vehicle.  The difference comes down to money and resources.  Law enforcement agencies usually have specialized surveillance teams with multiple detectives and vehicles.  They can spend days tailing suspects.  Private investigators have to work within a client’s budget and time table.  Rarely does it ever happen that a client can afford to pay to have two or more surveillance vehicles on a case.  Even rarer is when a client can afford multiple days on tailing someone.  Usually it’s one or two days.

In a multiple vehicle scenario, you can have vehicles switch off on the tail, put someone ahead of the suspect’s vehicle, and even parallel the tail.  With multiple vehicles it’s much easier to tail a vehicle when red lights, congestion or other traffic problems arise.  Law enforcement agencies even have helicopter and fixed wing aircraft to assist in the surveillance. You can start out for a couple days of ‘loose’ tailing, and then begin to tighten it up. For the private investigator, usually none of these advantages exist.  It’s usually the one lone investigator tailing the subject. 

 Even though it may seem that the deck is really stacked against the private investigator in this area, there are many outstanding vehicle surveillance specialists out there.  Some have prior law enforcement backgrounds while others learned it on the job (OJT).  They get good by doing it.  They know when to close up on a vehicle in anticipation of a red light or traffic congestion.  They know when to hold back and/or get in an adjoining lane so there not ‘bumper locking’ the tail.  They know when to pull over after turning a corner and yet keep the tailed vehicle in sight.  They know how to get the best photos and video to make their client’s case. 

Because there is usually no margin of error for the private investigator working alone, he or she just has to work harder to get the right results.  And that’s just what many of the really good surveillance specialists in the private investigation field do day in and day out.

INVESTIGATING CELEBRITY DEATHS

With the recent death of singer Whitney Houston in Beverly Hills, there has been a rash of media reports regarding the police investigation into the death.  Despite the sensational news headlines, celebrity deaths are for the most part, investigated the same way as any other death. 

Once the police are notified of a death, the first officers at the scene will initially maintain the location as a possible crime scene.  If paramedics arrived first, they will be interviewed as to what they observed and what they did while in the location.  Oftentimes they can give a good initial indication as to the possible cause of death.  The police will attempt to find out if the decedent had been under the care of a physician for any illnesses or conditions.  They will also attempt to identify any possible witnesses (family members, friends, employees etc.) who had access to the decedent just prior to the death. 

Once the detectives arrive at the scene, they will conduct an examination of the location for any possible evidence.  If a homicide is not readily apparent, they will look at all potential manners of death.  In suspected drug related deaths, they’ll be looking for such items as prescription bottles and, or, drug paraphernalia (syringes, narcotics, crack pipes etc).  If it appears to be a suicide, they’ll be looking for indications on the body as to the cause of death such as a gunshot wound, ligature markings (hanging), slit wrists etc.  They’ll also be looking for the instrument that caused the injury (gun, knife, rope, pills, etc.) along with the proximity of the body to the item(s).  Interestingly, many times a suicide decedent does not leave a suicide note, contrary to popular belief.

Photographs of the death scene are usually taken.  The detectives will attempt to interview anyone who had recent access to the decedent’s location.  If video of the location is available (hotel/motel corridors etc.) they will be reviewed.  Here in Los Angeles County, the decedent’s body is not moved by the detectives at the scene.  The Coroner’s investigator at the scene maintains control of the body.  He or she is the one that does a detailed examination of the body at the scene with the detectives closely looking on. 

If the cause of death is not readily apparent (natural, suicide, accidental, homicide) the case is considered undetermined until an autopsy is conducted.  Oftentimes the coroner’s office will hold off on a final determination of the cause of death until the toxicological results for drug analysis come back.  This usually takes approximately thirty days.  Here in Los Angeles County, the coroner’s office is the one that makes the final decision on the cause of death.

WAS THAT REALLY EDDIE HASKELL?

While I was in the LAPD Police Academy, they would have role playing situations for the recruits where they would have staff personnel acting as suspects in field situations.  On this one day, we were doing vehicle pullovers.  The first recruit officer went through his run and then returned to our group with a quizzical look on his face.  We all asked him how it went.  He said, “You’re not going to believe this, but the driver of the car was Eddie Haskell, the real Eddie Haskell, and he talked and acted just like him.”  Eddie Haskell was the character on the TV show ‘Leave it to Beaver’ when we were kids.  Haskell was the guy who was overly polite to everyone’s parents and was mean and ornery behind their backs.  Everybody of my generation remembered him. 

 We all thought the first guy was hallucinating until it was our turn.  Sure enough, it really was Eddie Haskell.  Well, actually, it was LAPD Officer Ken Osmond, the actor who played the character of Eddie Haskell in the show.  After the show had its full run, he had joined the LAPD.  At the time I was in the academy, he was one of the staff instructors.  He looked exactly as he did when he was on TV.  He later became a motorcycle officer with the department.  Can you imagine getting pulled over by a motor officer and getting a traffic ticket and looking up and seeing it was Eddie Haskell!  I’m sure he had a lot of funny stories as to how people reacted to him when he cited them.

The dangers of police work caught up to Ken Osmond.  He went in foot pursuit of a suspect who shot him three times.  Two shots hit him in the chest, but luckily he was wearing a bullet proof vest.  The third shot ricocheted off of his belt buckle and he survived.  He eventually retired from the job.

DRIVING TIPS FOR VEHICLE SURVELLANCE

Here are some driving tips for the actual vehicle surveillance.  First, always try to do a reconnaissance or at least a Google map check of the location sometime before you do the actual surveillance.  This will help you to know when there are parking restrictions on the street, what the street parking situation looks like, likely avenues of travel, and what the subject’s home or business looks like.  When you park your car and are setup, always be sure to lock your doors and keep your keys in the ignition.  You don’t want to be fumbling around for your keys when your Subject starts to move.  Practice ahead of time on how you’re going to quickly move from the back seat to the driver’s seat.  More than likely as a PI you’ll be working alone, so be sure to stay close enough to the Subject’s vehicle when he first takes off so you won’t lose him.  Once you’re comfortably behind that vehicle, try not to bumper lock him.  Initially on surface streets, you may have to be behind him due to traffic.  That’s all right, because most drivers are unaware their being followed and never check for it.  Once you’re comfortable with the traffic flow and the way the Subject drives, you don’t have to be in the same lane in order to follow him.  Be aware of your surroundings, especially to the lanes on your right and left.  You can move into them so as not to be constantly behind the Subject.  If traveling on service streets, pay attention to the on-coming green lights in case you need to close the gap so as to make the light.  If you’re traveling on a lightly congested road or a major freeway, you can always let a car in between you and the Subject’s vehicle for cover.  If your Subject pulls over and parks, you can always drive past him and park.  Use your side or rear view mirror to view him.  If I’m sitting in the front seat when my Subject pulls away, I always like to duck down until he drives by.

CONDUCTING VEHICLE SURVEILLANCES

Here are some good tips to start you off about vehicle surveillances.  These are good for both private investigators and police detectives.  The first thing to look at is your vehicle.  Try to use one that is a neutral colors or lighter shades of gray or blue.  Stay away from the garish colors like red or orange because they really stick out.   Try not to use a white or black vehicle, because they also stand out.  The next thing to look at is to use a vehicle that blends in to the area.  In cities and suburbs, small SUVs are perfect because so many people drive them.  The next thing to think about is what can people see inside your vehicle when their close up.  Most vehicles come with at least the rear passenger and rear windows tinted.  Here in California you can’t have the front windshield or front driver and passenger windows tinted.  You can still cut down on the lighting by using a good front sunscreen shield.  You can also hang dark clothing on the side window hooks to cut down on light and interior visibility.  Next thing to think about is creature comforts.  Make sure you thoroughly clean all your windows, both inside and outside, before you leave home base.  There is nothing worse than having difficulty seeing through on-coming headlight glare at night due to dirty windows.   You’ll need bottled water, protein bars and I always bring a peanut butter and jelly sandwich and some fruit.  Remember, you’re going to be in this vehicle for potentially four hours plus.  You definitely need something to use if nature calls.  I like to use something with a large rounded top, like a Snapple bottle or a hospital urine bottle.  Bring some pillows you can use to prop up your neck and back against the seat for creature comfort.  If you’re uncomfortable and moving around in the vehicle, this will cause it to shake and possibly give you away.  I like to bring a small portable radio to listen to on low volume because it helps the time go by.  Do not bring any reading material because you have to concentrate at all times.  If you’re a smoker, don’t do it in the vehicle.  Make sure the dome light is off or rendered useless.  Nothing worse at night then getting out of the vehicle and having the dome light silhouette you.

HOW I BECAME A PRIVATE INVESTIGATOR

One night while I was still a rookie police officer with the LAPD, my training officer and I made a felony arrest.  In those days, in order to book an arrestee for a felony, you had to get booking approval from the night watch detective.  On this particular night, our division night watch detective was on a day off, so we had to go to another division to get booking approval.  When I handed their night watch detective the booking approval, I noticed he was looking at what appeared to be an identification card that had his photograph on it.  Being naturally inquisitive, I asked him what the card was. He replied that it was his private investigative license.  I was non-pulsed, to say the least.  I asked him how a police officer could also be a private investigator.  He told me that the department allowed you to work as a private investigator off-duty as long as you didn’t work any criminal cases or civil cases involving the City of Los Angeles.  He added that you needed three years on the job before you could apply to the state and take the PI test.  You also needed a work permit from the department after you received the license.  I filed that away in my mind under things to do later, and thirteen years later I took the test and obtained my PI license.  Another chance encounter, but one that would later have a large impact on my life.

PS-Some years after I retired, after a headline grabbing case, the LAPD rescinded their approval of allowing officers work off-duty as PIs.

HOW I BECAME A COP

I’m a big believer in Divine intervention.  What I mean is that oftentimes we try to plan and calculate our important life decisions, but what usually happens it’s the chance encounter or the ‘lucky’ incident that dramatically affect our lives.  Take my life, for instance.  I became a Los Angeles police officer by what I think was divine intervention.  I was still in the Marines and had returned from my first overseas deployment.  I was stationed at a large naval base on the east coast.  I had decided to leave the Marine Corps and go into law enforcement.  I was due to be separated from the Corps in one week.  I was late for chow and took a shortcut to get to the mess hall.  Just by chance I ran into my old battalion Sergeant Major who I had served with overseas.  Neither of us had known the other had been stationed at this base.  After I advised him I was getting out of the Marine Corps, he asked me what I was going to do.  I told him I wanted to go into law enforcement, and I was going to apply to either Philadelphia PD or NYPD.  I also mentioned that they, like most police departments on the East Coast, had a one year residency requirement.  The Sergeant Major then asked me if I had ever thought about the Los Angeles Police Department.  He might as well have asked me if I had thought about a police department on the moon.  When I brought up the fact that not only did I not know anyone in Los Angeles, I thought I might have a tough time finding a job there while I waited for the one year residency to kick in.  He then floored me with the fact that not only did they not have a residency requirement; he had a high ranking contact on the department.  One week later, I was an honorably discharged Marine and flying across the country to Los Angeles.  I spent 22 years working as a police officer and later as a detective, and as they say, the rest is history.

SURVEILLANCES: ARE YOU REALLY BURNED?

Especially to a new person just starting out in surveillance work, one of the big questions that comes up often in a tail is, am I burned?  Has the subject made me?  Here’s two incidents that happened to me which may be of help to you.  When I was a young police officer, I was able to get a loan to my division’s narcotic unit.  I was fortunate to work with some exceptional dope cops there who had the patience to teach me their trade.  On my first vehicle surveillance we were following a couple of amphetamine abusers or ‘tweekers.’  They drove erratically, pulling over for no reason, making u-turns, and just doing things that to a new-be like me I just knew we were burned.  The veteran detective I was with just told me to stay on them and keep following them.  Eventually we arrested them, and when we interviewed them I was shocked to learn they had no idea they were being followed.  The second incident happened after I retired and was working as a PI.  I had been hired by a client on a cheating spouse case.  I followed the errant spouse to a swap meet and some other locations and at some point he made a U-turn in the middle of a busy street.  I was able to pick him up again, eventually following him to a residence where picked up his girlfriend and went shopping with her.  The point is, most of the time on a surveillance the subject has no idea he/she is being followed.  In the first incident, the veteran detective told me that ‘tweekers’ always drive crazy.  In the second incident, I had the job experience to feel that even though the subject made a u-turn, he wasn’t looking back in his rear view mirror or turning around to look directly at my vehicle.  I stayed on him, got good photographs, and had one satisfied client.

DEALING WITH THE POLICE

How do you deal with the police when you’re a PI?  What do you do if you’ve never been a police officer, yet you need to work with them or get information from them on one of your cases.  Here’s what I suggest.  First try to contact a police officer or detective that you know who works the same department as the detective handling your case.  Ask him/her for an introduction to the police officer your trying to contact.  If you don’t know it already, cops are very clannish.  It always helps to have a gatekeeper.  Once you have a contact person on your case, try to go in person.  I always find that it’s a lot harder for someone to blow me off in person then it is on the phone. Here’s another helpful hint.  The best time to contact a police detective is between 7/8:00 AM.  They usually try to get a jump on their paperwork and case load at that time before they head out to court or the field.  Once you actually get to speak with the detective, don’t be intimidated.  Most detectives will be helpful, especially if you have something to give them that will help them in a case.  Once they’ve warmed up to you in person, they’ll often tell you things they normally wouldn’t tell you over the phone.  Here’s another tip.  Every detective bureau has its share of slugs and does nothings.  But they also have their one or two hard working street detectives who know all the bad guys, the crime patterns in their area, and will work their tails off with any information you can provide them.  The trick here is you have to find that one.  If you don’t know anyone in that department and/or division, try to find a veteran uniformed officer, identify yourself, and ask him point blank, “Who’s the best street cop in the detective bureau.”  That’s the guy you want to deal with. 

RATHER BE LUCKY THEN GOOD AGAIN

Recently I had to deliver some legal papers to a client from a law firm who was having difficulty getting them to respond to their numerous calls and letters.  These were important papers that needed their signature, and with a court deadline looming, they couldn’t get them to respond.  Getting increasingly desperate, they turned to me for help.  I went out to the client’s residence and door knocked it with no response.  Now what do you do?  Do you wait or do you come back?  I usually choose to move my car from the location and park away from the residence but from a vantage point where I can still see it.  You can usually get away with a stakeout for about ½ to 1 hour by reading a newspaper in the car without the neighbors getting too nosey. After sitting in the hot sun and waiting an hour, I figured I’d give it one more try before I left.  As I parked near the location and was in the process of putting on my sports jacket, who just happens to drive up and park in the driveway?  None other than the law firm’s wayward client! I got the paperwork signed, and one more happy and satisfied client.  Like I always say, better to be lucky than good.

HOW CHANCE ENCOUNTERS CAN EFFECT OUR LIVES

I’m a big believer in Divine intervention.  What I mean is that oftentimes we try to plan and calculate our important life decisions, but what usually happens it’s the chance encounter or the ‘lucky’ incident that dramatically affect our lives. Take my life, for instance.  I became a Los Angeles police officer by what I think was divine intervention.  I was still in the Marines and had returned from my overseas deployment.  I was stationed at a large naval base on the east coast.  I had decided to leave the Marine Corps and go into law enforcement.  I was due to be separated from the Corps in one week.  I was late for chow and took a shortcut to get to the mess hall.  Just by chance I ran into my old battalion Sergeant Major who I had served with overseas.  Neither of us had known the other had been stationed at this base.  After I advised him I was getting out of the Marine Corps, he asked me what I was going to do.  I told him I wanted to go into law enforcement, and I was going to apply to either Philadelphia PD or NYPD.  I also mentioned that they, like most police departments on the East Coast, had a one year residency requirement.  The Sergeant Major then asked me if I had ever thought about the Los Angeles Police Department.  He might as well have asked me if I had thought about a police department on the moon.  When I brought up the fact that not only did I not know anyone in Los Angeles, I thought I might have a tough time finding a job while I waited for the one year residency to kick in.  He then floored me with the fact that not only did they not have a residency requirement; he had a high ranking contact on the department from his days when he had been stationed there on recruiting duty.  One week later, I was an honorably discharged Marine and flying across the country to Los Angeles.  I spent 22 years working as a police officer and later as a detective for the LAPD, and as they say, the rest is history.

FORENSICS: IT’S WHAT YOU KNOW AT THE TIME THAT COUNTS

When I was a young homicide detective we had a case where a young woman had been strangled and her body was left in a vacant field.  The body was naked except for her panties.  An examination of those panties revealed some small plant-like material inside them.  My partner and I took the material to a botany professor at a very prestigious university nearby.  After examining the residue, he advised us it was pink heather.  Additionally he told us it was a small plant that grows back east, not in southern California.  He also said it was it was used for garnishment in floral displays.  This really caught our attention.  The victim’s boyfriend was employed at the time at a flower shop.  Once we had this information we raced up to the flower shop and detained the boyfriend.  We took him back to the station where he eventually confessed to the murder.  The next day we got a call from the botany professor.  He was extremely apologetic and advised us that he had been incorrect in his analysis.  During the criminal trial of the boyfriend, the court ruled that the confession was admissible because the detectives were acting on the information they knew at the time, which was based on the expert botany professor’s analysis.  Every time I go into a flower shop, I still think of that case and pink heather.

DIVINE INTERVENTION AND/OR FATE 101

I’m a big believer in Divine intervention.  What I mean is that oftentimes we try to plan and calculate our important life decisions, but what usually happens is it’s the chance encounter or the ‘lucky’ incident that dramatically affect our lives.  Take my life, for instance.  I became a Los Angeles police officer by what I think was divine intervention.  I was still in the Marines and had returned from my first overseas deployment.  I was stationed at a large naval base on the east coast.  I had decided to leave the Marine Corps and go into law enforcement.  I was due to be separated from the Corps in one week.  I was late for chow and took a shortcut to get to the mess hall.  Just by chance I ran into my old battalion Sergeant Major who I had served with overseas.  Neither of us had known the other had been stationed at this base.  After I advised him I was getting out of the Marine Corps, he asked me what I was going to do.  I told him I wanted to go into law enforcement, and I was going to apply to either Philadelphia PD or NYPD.  I also mentioned that they, like most police departments on the East Coast, had a one year residency requirement.  The Sergeant Major then asked me if I had ever thought about the Los Angeles Police Department.  He might as well have asked me if I had thought about a police department on the moon.  When I brought up the fact that not only did I not know anyone in Los Angeles, I thought I might have a tough time finding a job while I waited for the one year residency to kick in.  He then floored me with the fact that not only did they not have a residency requirement; he had a high ranking contact on the department.  One week later, I was an honorably discharged Marine and flying across the country to Los Angeles.  I spent 22 years working as a police officer and later as a detective, and as they say, the rest is history.   

INTERVIEWS/INTERROGATING PAROLEES & EX-CONS

Many police detectives and private investigators think you can’t get any information from parolees and ex-cons.  Going one step further, many think it’s all but impossible to get them to cop out to a crime during an interrogation.  Nothing could be further from the truth.  I think in many ways their the easiest to get to give it up.  The other side would argue their case this way.  Why would a guy with a 40 page rap sheet tell you anything?  My response is, if a guy is supposed to be so smart, why does he have a 40 page rap sheet!  We’re not dealing with the Joker, the Penguin, the Riddler or some other master criminal.  As to giving up information, they probably respond easier than someone who is new to the criminal justice system.  Whether it’s to show off how much they know, greed, envy, revenge or self protection, you just have to find the psychological key that turns on the spigot.  I’ll give you an example. When I was a police detective, I’d go into the jail at my division everyday and see who got arrested the previous day.  I was always looking to see if anyone got arrested in the area where a major crime had recently happened.  After I cleared it with the detectives handling an individual’s specific case, I’d go in and talk to a number of arrestees to see what they knew and how they could help themselves.  This one time I gave my usual pitch to a hard core ex-con who had already been incarcerated for many years and now was looking at another long stretch.  He respectfully listened to my pitch and then said to me, “No disrespect, Detective, but I ain’t ever been a snitch, and I can do the time standing on my head!”  As a last ditch effort, I told him I respected him for that.  I then asked him if there was someone he didn’t like, maybe someone who was doing his old lady when he was in the joint.  It was like a light bulb went off in his head.  He smiled at me and said he did have somebody like that.  He gave me information on a guy that we were able to act on and make an arrest.  They’ll be times when you strikeout, but if your persistent, and keep your word to them, you’ll start making cases.

DRESS FOR SUCCESS

My Dad was an old baseball man.  Besides teaching me the finer points of the game, he always said: "If you look like a ballplayer, you’ll play like a ballplayer.  If you look like a ham-n-egger, you’ll play like a ham-n-egger." That goes with people’s perception of a professional investigator.  Their perception is that he or she wears business attire and carries a notebook or legal pad.  If you want to get the job done, it’s usually best to go with perceptions (There are always exceptions, but not on this one).  A police detective should always wear a sports jacket and tie, but a private investigator can get away with a nice sports jacket and collared shirt.  Even if it’s hot out and your witness canvassing, you should always wear a sports jacket and collared shirt when you’re out dealing with the public.  I recall once when I was a homicide detective we had an investigation that took us to a small town in another state.  That agency had their narcotic squad also handle their homicides.   Even with me, subconsciously it didn’t seem to fit seeing a long haired, bearded and casually dressed detective saying he was a homicide detective.  I wonder how many potential witnesses he talked to held back information because of perceptions.  They carry you a long way in this business.  If you want to be an investigator, dress like an investigator.