Transcript DOMESTIC VIOLENCE

Investigating and Prosecuting
Strangulation Cases
Bridget Healy Ryan
Violence Against Women Policy Advisor
Cook County State’s Attorney’s Office
1
ACKNOWLEDGEMENTS
• The great and fabulous Mark Wynn
• Gael Straeck (San Diego, Family Justice
Center)
• Dr. George McClain (San Diego)
• Dr. Dean Hawley (Indianapolis)
• Federal Law Enforcement Training Center
(Glynco, GA.)
• National Sheriff’s Association (Alexandria,
VA.)
2
The Lethality of
Strangulation
“The use of an object in
strangulation increases the likelihood
of lethality. Similarly, if the victim
blacks out, she/he is in great danger
of not regaining consciousness or
sustaining brain damage from lack of
oxygen.”
— George McClain, MD, San Diego Emergency Department
3
Strangulation Study:
San Diego, CA
• Studied 200 strangulation cases over a
five year period.
• 62% of victims had no visible injury.
• 22% of victims had minor visible
injuries.
• 16% had significant visible marks.
• 199 of the strangulation suspects were
male and the average age was in the
mid-twenties.
4
Strangulation vs. Choking
• Many victims will report they have been
“choked” when in technical terms they
were the victims of strangulation.
• Choking = an internal obstruction of the
airway.
• Strangulation = a form of asphyxia
characterized by closure of the blood
vessels and air passages of the neck as
a result of external pressures on the
5
neck.
Types of Strangulation
• Hanging
• Ligature
• Manual
6
7
Obstruction of Carotid Artery
• Most common cause of strangulation
• Results in unconsciousness
• 8 pounds of pressure cuts off oxygen
flow to brain (less pressure than used
to pull trigger of handgun)
• Oxygen flow cut off for only 8 seconds
can cause critical injury
8
Vessel Occlusion
•
Carotid artery
occlusion – 11 pounds
of pressure for 10
seconds
•
Jugular vein
occlusion – 4.4 pounds
of pressure for 10
seconds
UNCONSCIOUSNESS
9
Obstruction of Trachea
• 33 pounds of pressure completely
obstructs
• Can cause tracheal fracture, death
• Brain death results if strangulation
persists for 4-5 minutes
10
11
12
No Visible Injuries
• Officers should always call EMS due to
potential internal injuries, that can be
fatal, and might not be apparent.
• Because of underlying brain damage by
lack of oxygen during strangling, victims
have died up to several weeks later.
13
Signs and Symptoms
•
•
•
•
•
•
•
•
•
Sore throat
Hoarse, raspy voice
Loss of voice
Difficulty swallowing
Fainting,
unconsciousness
Nausea, vomiting
Loss of bodily function
Miscarriage
Lung damage
•
•
•
•
•
•
•
Scrapes, scratches,
claw marks, chin
abrasions
Thumbprint bruises
Bruises behind ears
Red, linear marks
(often 3)
Petechieae (red dots
on eye)
Rope, cord burns
Behavioral changes
14
Actual Strangulation Clip
• 8 lbs. of pressure for 8 seconds.
• Victim told police “nothing happened.”
• Offender ultimately convicted of Assault
2nd Degree.
15
16
17
18
19
20
Dangers of Minimization
• Professionals
• Victims
21
Proving Strangulation
Cases without an
Autopsy
“Never Let A Victim Die in Vain”
Dean Hawley, MD, Forensic Pathologist
George McClane, MD, Emergency Physician
Gael Strack, JD, Director, SD Family Justice Center
22
The Law
23
Strangulation Demands a
Felony Arrest & Law Supports
It.
• Assault with force likely to produce
great bodily injury. (PC245)
• People v. Covino (1980) 100 Cal.App.3d 600 (force
of defendant’s assault by choking was likely to
produce a serious injury although victim only had
redness to neck and pain to throat).
• Attempted spousal abuse (PC273.5)
does not require injury.
• People v. Kinsey (1995) 40 Cal.App.4th 1621
24
Against the Person, Section
565.073
August 28, 2003
• Domestic Assault, second degree
• (1) Attempts to cause or knowingly causes
physical injury to such family or household
member by any means, including but not
limited to, by use of a deadly weapon or
dangerous instrument or by choking or
strangulation; or
• Domestic Assault in the second degree is a
class C felony.
25
Minnesota, HF 963, Effective
August 1, 2005
•
•
•
•
•
Domestic Assault by Strangulation.
Subd. 1. Definitions. Defines the terms "family or household members"
and "strangulation."
"Family or household member" includes spouses, former spouses,
parents, children, blood relatives, persons with a child in common,
persons residing together, persons who formerly resided together, and
persons who are or have been involved in a significant romantic
relationship.
"Strangulation" means "intentionally impeding normal breathing or
circulation of the blood by applying pressure on the throat or neck or
by blocking the nose or mouth of another person."
Subd. 2. Crime. Provides that domestic assault by strangulation is
punishable by five years imprisonment and/or a $10,000 fine.
("Domestic assault" is an intentional act to cause fear of immediate
bodily harm or death or an intentional act to inflict or attempt to inflict
bodily harm upon a family or household member.)
26
Idaho Code Section 18-923
• ATTEMPTED STRANGULATION. (1) Any person who willfully and
unlawfully chokes or attempts to strangle a household member,
or a person with whom he or she has or had a dating
relationship, is guilty of a felony punishable by incarceration for
up to fifteen (15) years in the state prison.
• (2) No injuries are required to prove attempted strangulation.
• (3) The prosecution is not required to show that the defendant
intended to kill or injure the victim. The only intent required is
the intent to choke or attempt to strangle.
• (4) "Household member" assumes the same definition as set
forth in section 18-918(1)(a), Idaho Code. 20
• (5) "Dating relationship" assumes the same definition as set
forth in 21 section 39-6303(2), Idaho Code.
27
New Laws
•
•
•
•
•
•
•
•
•
•
•
•
Missouri
Oklahoma
Washington
Idaho
Minnesota
North Carolina
Alaska
Hawaii
Florida
Connecticut
Louisiana
Oregon
• Pending
• California
28
Premeditation
Commonwealth v. Serino,
Supreme Judicial Court,
Docket No. SJC-07310, March 28, 2002
Evidence that the defendant manually strangled the victim to death
was sufficient for jury to find deliberately premeditated murder.
The defendant murdered his girlfriend by strangling her. In describing the incident to the
police, the defendant admitted that he put both hands around the victim's throat and choked
her for "about a minute".
At trial, the medical examiner testified that death by strangulation would result only after
choking for five to eight minutes.
The testimony regarding the length of time it takes to cause death by strangulation allowed
the jury to infer that death was not instantaneous but rather the result of sustained pressure
applied to the victim's throat for several minutes, thereby allowing the defendant time to
reflect on his decision to kill.
29
Likely Defenses in a Strangulation
Case
30
Potential Defenses
• Self-inflicted injuries
• she is trying to set me up. Ask why?
• Autoerotica
• Evidence of a ligature mark or a hanging
• Look for evidence at the scene
• Consent – Applied or monitored by sexual
partner
• she likes sex that way
• Bondage
• “choke holding” during anal intercourse
31
Trial
32
Trial Preparation
• Notice to Defense Attorney
• Copy of Expert’s CV
• Meeting with expert
• The Facts of Case
• Questions to Ask
• Charts
• Pre-trial motion with Judge
• Information is Relevant
• Expert is Qualified
33
PURPOSE OF THE DIRECT
EXAMINATION
• Persuasively tell the story
• Establish the elements
• Leave the jury with a clear
understanding
of how the crime occurred and why the
defendant is guilty
34
THE PRE-TRIAL INTERVIEW:
Part I
• Prepping for the interview
• Read and review all reports and evidence
• Prepare a timeline
• Identify the strengths and weaknesses of
each witness
35
THE PRE-TRIAL INTERVIEW:
Part II
• Prepping the witness
• Put your witness at ease (demonstration)
• Give witness the big picture
• Remind the witness that the jury is a blank
slate – the witness needs to fill in all blanks
• Stress the importance of telling the truth –
even when they would rather not!
• Make sure to show the witness all exhibits
• Don’t forget the basics
36
ANTICIPATE THE CROSS
• Address the weaknesses
• Explain the inconsistencies
• It’s okay to say “I don’t know” to stupid
questions
• Treat the defense attorney with respect
(even when they don’t deserve it)
37
ORGANIZING THE DIRECT
• Introduce the witness
• Humanize the witness
• Front the baggage
• Set the scene
38
ORGANIZING THE DIRECT,
cont’d
• Lights, Camera, Action
• Lead the witness without asking a leading
question
• Identify the defendant as early as possible
• Make a ten second crime ten minutes
• Keep the questions short
• Never forget your witness is the star
• End strong
39
TRIPLE DIRECT
• Take the witness through the story from
start to finish
• Tell the story again using exhibits
•
•
•
•
Diagram of scene
Weapon
Photograph
Clothing
40
TRIPLE DIRECT, CONT’D
• Have victim tell story for the third time
through her sensory perception
• OBJECTION!!!! Asked and answered???
41
ORDER OF WITNESSES
• Think outside the box
• Start strong
• Bury the weaker witnesses
• End strong
42
DON’T DO THE DON’TS
• DON’T use weak words
• DON’T redirect (unless you absolutely,
positively have to)
• DON’T end on a sustained objection
• NEVER ask a question that you don‘t intend
to argue
43
DIRECT OF VICTIM
• Remember these cases are usually he
said, she said
• Take direct slowly – corroboration is in
the details
• Deal with “challenging” facts up front
• Should ask many of the same questions
that responding or follow up officers
asked
44
Developing your Local Expert
•
•
•
•
•
•
•
Emergency room physician - Specialist
Medical Examiner
Certified Forensic Pathologist
Forensic/SANE nurse
Paramedic
DV Detectives
Anyone else?
45
Direct Examination of Expert
46
Foundation of Expert
•
•
•
•
•
•
•
•
Current position and duties
Prior work experience
Education
Training
Licenses & certificates
Teaching experience
Published writings
Affiliation to professional Organizations
47
Attempted Strangulation
Questions
• Received training specific to strangulation?
• Examined patients who have reported being
strangled?
• Applied your training to the examination of
those patients?
• How many patients have you examined who
reported being strangled?
• Previously testified as an expert?
• How many times?
48
Use suggested questions &
customize to your case
49
Use Charts
50
Vessels: arteries & veins
•
HYOID
BONE
CAROTID
ARTERY
THYROID
CARTILAGE (with
fracture shown)
JUGULAR VEIN
TRACHEAL
RINGS
51
Exact Anatomic
Location of
Applied Force
Quantity of
Applied Force
Duration of
Applied Force
Surface Area
Of
Applied Force
52
53
Defense Questions
Make a long list of potential
defense questions
54
Friendly Fire Questions –
Preemptive Strike & Set up for the Spike?
• Come on doc, aren’t we just talking about
pink eye?
• Isn’t that bruise to her neck, just a hickey?
• Isn’t true, she could have a sore voice from
yelling at the defendant?
• Isn’t it true a person can hold their breath for
several minutes and die?
• Do you know if the victim was intubated?
• But if she were intubated, could the
treatment obliterate your findings?
55
Ask defense questions first:
• How much are you getting paid?
• Do you consider yourself a professional
witness?
• Testified only for the prosecution?
• You haven’t qualified in a felony case,
have you?
• You haven’t qualified in a death penalty
case, have you?
56
CROSS OF DEFENDANT
• Concessions first (def will usually tell the
truth all the way up to the point where he
gets in trouble)
• Pose questions in terms of HIS behavior not
HERS!
• Work your theme in – he’ll give you
something!
• You didn’t stop when she lost consciousness…
57
OPENING AND CLOSING
• Opening: Tell a story – your first
chance to begin to recreate the victims
reality of that day
• Closing: Homerun time. Take your
whole offender focused prosecution and
leave the jury no choice but to despise
him!
58
Life after Crawford v. Washington
124 S. Ct. 1354 (March 8, 2004
59
Forfeiture by wrongdoing
• Defendant forfeits the right to object
that the victim is unavailable and he did
not have the opportunity to cross
examine her if:
• Victim is unavailable because of his
actions, threats, intimidation,
harassment.
• Happens in every case but how to prove it?
60
61