Reflections on Snow, Crime, and Punishment

by Anne Bremner
Co-Authored by Bob Sims

Oh no, like salt on snow
I've been melted
Left alone on the side of the road
Is this where I am over
For your sake
Stuck between sleep and awake?

Having been snowbound for days here in wintry Seattle, my thoughts have drifted lately. But, still, I remain vigilant in my thinking about my cases, especially the ones involving missing persons and how inclement weather conditions sometimes affect the lack of crime.

I began pondering this when I started thinking about my clients Chuck and Judy Cox, and their missing daughter, Susan Cox Powell. More than two years ago Susan went missing when her husband Josh Powell supposedly took the couple's then 2- and 4-year-old sons camping in snowy Utah at midnight, browning marshmallows by campfire in the dead of winter.

Many speculate that Susan is out there in the snow, the snow that has melted and then fallen again and again over two long intervening winters. Others speculate she is alive and at some point has been kept secretly by Josh Powell and his father Steven Powell. But not many do. She is somewhere between sleep and awake.

Statistics show that snowy conditions reduce crime rates. This has been described in Dr. Emily Bloom's "The Ice Factor," where she wrote about how "snow slays crime."

And it is true. Crime declines during snowstorms. Is it the calming quiet that tames the beast in us? Or the inablity to get out and do things -- good or evil?"

It reminds me of what my psychiatrist father said when he was doing studies for Prozac, in the face of claims that Prozac made some people kill. My father said it just helped them get out of bed and they would've killed anyway.

"The first fall of snow is not an event, it is a magical event."

The thoughts of an icy, snowy death are unimaginable to me, like learning about those mountain climbers who died on Mt. Everest, as expressed so eloquently by Jon Krakauer in his book, "Into Thin Air."

It's almost akin to Titanic passengers drowning in the dark, icy North Atlantic waters long ago -- the same fate for some on the sinking cruise ship Costa Concordia off the Italian coast recently.

I believe Susan Powell didn't die in the snow, and the snow story just might turn out to be the Cox family's salvation. Almost everyone who has heard the story has scoffed and pointed toward her husband Josh Powell as a person of interest, for the very reason he has concocted this improbable tale.

"The future lies before you, like paths of pure white snow. Be careful how you tread, for every step is sown."

Crimes are not committed in snow.
In fact, such a claim makes me incredulous. As a prosecutor, I use the "footprints in the snow" analogy to describe circumstantial evidence.

When you retire to bed at night, the ground is covered with fresh and pristine snow, untouched. When you wake up in the morning, there are footprints in the snow, leading to your doorstep where the morning's newspaper is there. You didn't see the person deliver your newspaper directly, but circumstantial evidence tells you, via footprints in the snow, that someone indeed did.

Snow. Crime. Punishment. Help us find Susan Cox Powell.

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Now and Then

by Katherine Scardino

As I enjoyed a holiday this past Monday in celebration of Martin Luther King and his accomplishments in promoting racial equality, I thought back over the years to the many changes that have occurred - just in my lifetime. I wrote about this recently during the MLK Memorial dedication ceremonies, so I will not repeat myself.

My question today is, if we were living back in the 1950's and 1960's (and of course a couple of hundred years prior to that..), would you be sympathetic to people who were being discriminated against solely because of the color of their skin, or would you just be “one of the crowd” and not do anything. In other words, do you think you would be an activist against racial discrimination? Or, would you be the kind of person who sticks their head in the sand and pretends the problems do not exist - similar to what the United States and other countries did during the time Hitler was exterminating millions of Jews in Germany. 

Would I have the nerve of Rosa Parks who, as a young black woman, refused to surrender her seat on a Montgomery, Alabama bus to a white person, which subsequently spurred a citywide boycott and helped launch nationwide efforts to end segregation of public facilities? Would I risk being arrested and prosecuted for my beliefs?

Today, we have many people around the world who are making their voices heard about many different subjects. People speak out about endangered species, Wall Street, treatment of animals, democracy - or the lack of it, along with a million other subjects. But, I wonder who these people are. I do not personally know anyone who is a true activist - not in the sense of Ms. Parks. But, I do know they are there and we should all be grateful for each and every one of them.

All of my life I have admired Rosa Parks. Let me tell you a little about her. She was born on February 4, 1913, in Tuskegee, Alabama. Her grandparents were former slaves and also strong advocates for racial equality. Young Rosa and her mother lived with her grandparents in Pine Level, Alabama. It has been said that Rosa’s grandfather stood in front of their house with a shotgun while Ku Klux Klan members marched down the street. The city of Pine Level had a new school building and bus transportation for white students while African American children walked to the one room schoolhouse, which was often lacking desks and adequate school supplies.

In 1932, Rosa married a barber named Raymond Parks who was an active member of the National Association for the Advancement of Colored People (NAACP). She became actively involved in civil rights issues by joining the Montgomery chapter of the NAACP in 1943, serving as the secretary to the president.

During the time she was living in Montgomery, the city enforced a city code that required all public transportation to be segregated and that bus drivers had the power of a police officer while in actual charge of any bus. Drivers were required to provide separate but equal accommodations for white and black passengers by assigning seats. This was done by a line that was drawn in the middle of the bus separating white passengers in the front of the bus and black passengers in the back of the bus. A black passenger got on the bus at the front, paid their fare, and then get off the bus and re-board at the back door. When the seats in the front were filled up and more white passengers got on, the bus driver would move back the sign separating black and white passengers and, if necessary, ask black passengers to give up their seat.

On December 1, 1955, after a long day at work at the Montgomery Fair department store, Rosa boarded her bus for home. She sat down in a seat in one of the first rows designated for black passengers. Though the city’s bus ordinance did give drivers the authority to assign seats, it did not specifically give them the authority to demand a passenger to give up a seat to anyone regardless of color. However, the local bus drivers had started the custom of forcing black passengers to give up their seats to white passengers when no other seats were available.

The bus driver walked back to the row where Rosa was sitting, and asked four black passengers to give up their seats. Three others complied. Rosa refused and remained seated. The story goes that the driver said to her “Why don’t you stand up?” Rosa replied, “I don’t think I should have to stand up.” The driver called the police and Rosa was arrested. She later stated that she did not refuse to stand up because she was physically tired, but because she was tired of giving in.

Rosa was arrested and later tried for violating a Montgomery city code. She was fined ten dollars plus a four dollar court fee. The boycott continued with an estimated 40,000 African Americans refusing to ride buses. Some commuters walked, even as far as 20 miles to get to work. Dozens of the public buses sat idle for months, severely crippling the transit company. But, the boycott was faced with strong resistance and some violence by segregationists. The homes of the local NAACP president and a new comer preacher named Martin Luther King, Jr. were attacked.

On December 5, 1955, the black community leaders met at the Mt. Zion Church to discuss strategies and during this meeting, determined that they needed a new organization and a strong leader. They formed the Montgomery Improvement Association (MIA) and elected Dr. Martin Luther King, Jr., the minister of the Dexter Avenue Baptist Church as their leader.

The rest is history. Rosa Parks started a new era of activism resulting in new laws, a new world. It is basically, inherently wrong to discriminate or prosecute one person because of the color of his skin. It is wrong for you or I to stay silent when our beliefs are violated, regardless of the subject. I hope that I would have one ounce of the courage of Rosa Parks and speak out, loudly, when any personal, constitutional right is violated. Will you join me?

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America’s Serial Killers – How Many Are There?

by Diane Dimond

It was a small but horrifying item in the Los Angeles Times. “Police are asking for the public’s help in identifying what they call a ‘serious, dangerous serial killer operating in Orange County. Police believe one person is responsible for stabbing three middle-aged homeless men. He is (considered) extremely dangerous to the public.”

Another serial killer, I thought. And then the question: How many serial killers are out there in America?

John Douglas, a former Chief of the FBI’s Elite Serial Crime Unit and author of “Mind Hunter” says, “A very conservative estimate is that there are between 35-50 active serial killers in the United States” at any given time. Often, Douglas told me, they will, “kill 2-3 victims and then have a “cooling-off” period between kills.”

That period can be days and in some cases (such as the BTK Strangler, Dennis Rader, convicted of killing 10 people from 1974 to 1991) even years.”

But others who study serial killers (defined as someone who kills 3 or more people) think there are many more of these demented predators out there than the FBI admits to – maybe as many as a hundred of them actively operating right now.

Why don’t we know the exact figure? Because serial killers are a secretive and often nomadic bunch.

Right before his execution in January 1989 the widely traveled Ted Bundy, described as a charismatic killer, admitted to 30 murders across half a dozen states – from Washington to Florida.

Andrew Cunanan killed at least five people during his wanderings through Minnesota, Illinois, New Jersey and Florida, including fashion designer Gianni Versace in Miami.

The FBI knows death travels and five years ago it set up the Highway Serial Killings Initiative. The bureau reveals it has “a matrix of more than 600 victims and potential suspects in excess of 275.” Since the bodies were found off major highways top suspects are long-haul truckers who may pick up prey in one state and dump the body several states away.

I know this is disturbing to read and you may wonder, “Why should I care? I’m not going to hitchhike at a truck stop!”

Well, realize lots of serial killers stay close to home and their victims are random. The aforementioned Dennis Rader (left) found all his victims in Kansas not far from the Wichita home he shared with his wife and two kids. Rader, the president of his local church, knocked on his victim’s doors and they simply let him in.

John Wayne Gacy, met many of his 33 victims (all young men and boys) at charity events where he appeared dressed a clown. After luring them to his house and murdering them he stuffed them under his Cook County, Illinois home.

Gary Leon Ridgway, the so-called Green River Killer, was convicted of strangling 49 random women he met in Washington. He confessed to killing 71 but authorities believe the number of victims could be over 90.

Jeffrey Dahmer of Milwaukee admitted to killing and cannibalizing 17 young men and boys before he was arrested. Dahmer’s mother, Joyce, once told me her son wished doctors would come study him in prison to help figure out what drove him to do it.

We who write about crime are told that law enforcement nationwide is doing a better job of communicating with each other about suspected serial killers. Indeed, the item I read about the homeless murders was a milestone. In the past, detectives were loath to tell the public about a serial killer on the loose for fear of spooking people. Now, they’ve come to realize that knowledge is power and citizen’s information can be a huge help in solving crimes.

Hardly a state in the union hasn’t had a serial killer. California, Texas and Florida seem to have more than their fair share. And mass graves have been found all around the country. Two examples: The 11 bodies of young women and an infant found on the isolated West Mesa outside Albuquerque. And, an eerily similar case thousands of miles away in Long Island, New York where authorities unearthed 10 bodies – eight women and a toddler along with a man dressed in women’s clothes.

These are among the serial killer dumping grounds that have been found. Many others may go undetected forever.

The best thing we can do is be vigilant. Know that many victims of serial killers put themselves in harm’s way. Most are women who have some contact with the sex trade or illegal drug underworld and if they have children they are in grave danger too.

Dr. Maurice Godwin has studied serial killers for years and one in-depth analysis of 107 of them revealed important information. Godwin found 55% of serial killers began having trouble in childhood and had criminal juvenile records. 45% had been convicted for a previous sex crime. As with so many criminals it goes back to their early formative years and the best lesson we can learn is that when we find a troubled child we best help them. Failure to do so could result in another serial killer walking among us.

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More Forensics and Fiction: a book review

by Andrea Campbell

I have conducted a few interviews with my friend and colleague, Doug Lyle, M.D.  Each of his books that have been sent to me to review has set forth promises for the reader and, in my estimation, all expectations have been met. That's why I was happy to receive his latest book, a research title for writers (and lovers of writers and fiction) called More Forensics and Fiction.

Now Doug, also professionally known as D.P. Lyle, M.D., has also acted as a consultant and advisor on various television shows like Law & Order, CSI: Miami, Monk and House, so I know he is adept at research and his medical background makes him one of the best.

Doug also has a web site, The Writer's Forensics blog, that has provided more than enough material for this latest book--due out in April--and has also well-supplied two previous titles, Murder and Mayhem: A Doctor Answers Medical and Forensic Questions for Mystery Writers, and the second, Forensics and Fiction: Clever, Intriguing, and Downright Odd Questions from Crime Writers.  In these volumes, Dr. Lyle answers questions, forensic questions, yes--but more interesting, questions from fiction writers and authors who need to add verisimilitude to their stories, and who can't afford to create scenarios unless they are right. Consequently, this makes for a lot of screwy and somewhat "out there" criminal plotting, and also reflects on the type of creative sketches and stretches of the imagination and that makes this book two-fold: a research vehicle and an interesting read.


There are no "typical" questions as these are forming the basis of fictional stories that involve crime and essentially made-up situations. The questions are however, broken up into parts such as: Traumatic Injuries, Illnesses, Doctors and Hospitals in Part 1, to another part such as: The Coroner, the Body and the Autopsy in Part IV, and, what could be my favorite and final section Odds and Ends, Mostly Odds making up Part V. And, of course, one of the fun parts is that these questions come from storytellers both famous and not, whose goal it is to want their readers to turn the page, so some of them are truly "out there."

Just to illustrate a few of the questions inside More Forensics and Fiction: Will snake venom injected into fruit cause death? What happens when someone swallows razor blades? and Can DNA be obtained from a half-eaten bagel?

And actually, here is a partial answer to a particular question and it is also related to one of my pet peeves (I will explain after): "Do teeth and their fillings remain in a skull twenty years after death? A.: Actually, the teeth often fall from the skull and jawbone. This is due to decay of the gum and the socket tissues that anchor the teeth in place. It depends on the degree of decay and how long after death the skull is found. You can construct your story either way..."(and so on).


As for my own pet peeve, how can someone find an ancient skull and the lower part, the mandible, is still attached?  "In decayed bodies, the mandible becomes detached from the skull as the temporomandibular joint and supporting ligaments deteriorate," yet we often see the skull with the jaw attached, even after discovery of years!


More Forensics and Fiction, by D.P. Lyle, paperback, 432 pages, Medallion Press, April 2012.

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Trista Reynolds Was No Mom

by Dr. Michelle Golland

Okay, I feel like I am in an alternate universe on the sad story of missing baby Ayla. Am I the only one who is not buying a word from Trista Reynolds or even her father? This week on The Vinnie Politan show for HLN the focus was to be of the grieving grandfather and victimized mother Trista. My impression of the grandfather’s reaction was totally opposite. Here is a man whose daughter Trista was in drug rehab for alcohol and “other” drugs. Why is this family responding the way they are with nobody addressing how Trista has been as a mom. She was living with an aunt doing drugs. She needed to be forced into rehab and her kids taken from her by the child welfare agency and given to the father. All of this while she has a 9 month of baby from another man. Hello? Are we asleep here people?

Trista Reynolds was no mom. Justin Dipeitro who is being vilified by the media of course being lead by poor victimized not responsible Trista just makes me sick. What we do know is that even when she came out of her drug rehab program she only physically saw her daughter two times between November and when baby Ayla went missing on December. How she can claim bruises and even the broken arm as abuse when she has had no time in the home of her daughter with Justin is suspicious. The way the grandfather kept repeating that why didn’t Justin check on Ayla during the night is just ridiculous. A 20month old child can sleep through the night. If she goes down at 8pm and doesn’t wake up that is not strange to me at all. What is strange is that the Reynolds family is pointing to that as some evidence of neglect and guilt. All it says to me is that they obviously have not been taking care of this child to even know what a normal pattern of care would entail. 

Why is that? Because Trista was never really caring for Ayla. She is a drug addict who then secretly goes to the court to get custody for Ayla. Given her history I would be surprised if the court was going to grant her full custody. Also, has anyone wondered how she is doing with her sobriety during all of this major stress? Has anyone in the media been curious what drug was she abusing? Why are we not pushing for more open honesty from the Reynolds family? When I see the Reynolds family on CNN, HLN, ABC and NBC I don’t see a traumatized desperate family I see people trying to manipulate the media and spin the story how they want it be and nobody is asking the questions that might start to unravel some obvious truths. For example, “Trista were you angry that Justin had custody of Ayla? Trista who was taking care of your other child while in rehab? Trista please explain why as a mom you didn’t see your daughter on a regular basis after coming out of drug rehab? Trista do you see how it seems the court may not be willing to grant you custody given your neglectful behavior as a mother to your children, correct? “

So please next time this family is on the air with you stop lobbing softballs and get real already about how this doesn’t sit right at all. It seems to be that Justin Depietro is taking his direction from the police at each step and if you listen closely they are confirming each thing he states in the media. When I see him speak I see a father who is in shock and trying to cope beyond his limits so he is turning to who he believes he can trust which is the police and not Trista. This may be why he hasn’t contacted her or her family. I also think the lack of contact may be directed by the police to increase the anxiety of the Reynolds family because they believe they may have orchestrated this whole mess. When I look at behavior as a parent and behavior right before this poor little girl went missing the only place my finger keeps pointing is straight at Trista Reynolds and her enabling “victimized” family.

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Spotting The Liar In the Courtroom and In Interrogation Tapes

by Dr. Lillian Glass

This past year we saw a lot of courtroom drama from the Casey Anthony case to countless other criminal cases. We have literally watched people lie through their teeth . We watched Cindy and George’s multiple signals of deception as they appeared on the stand. How these two have avoided going to jail for perjury is beyond me. Anyone else who did what they did would be behind bars by now.

Here are some body language, facial language, voice and speech tells you can look for the next time you look at a tape where someone is being interrogated or you watch them giving testimony in the courtroom.

Body Language

1. Watch if they shirk back or lean away from the interviewer or the attorney when crucial information is discussed.
2. They may rock back an forth a means of self soothing.
3. They may bush repeatedly brush off imaginary lint on their clothing.
4. Fiddling with their hands and wringing their hands on crucial information.
5. Repeatedly scratching themselves as though they have an itch.
6. Shuffling their feet during key questioning
7. Not moving arms or legs when speaking
8. Hands folded on lap and no movement whatsoever
9. Audible breathing or immediate changes in breathing pattern
10. Hunches over during crucial questioning or discussing significant issues

Facial Language

1. Blushing, flushing or blanching during significant questioning.
2. Pulling on their nose or ears
3. Scratching their head , nose or ears, or cheeks,
4. Puffing out their cheeks and quickly exhaling a large amount of air.
5. Upper chest breathing and taking in large amount of air.
6. Adams apple movement and swallowing during crucial questioning
7. Cotton mouth
8. Lip licking and licking of teeth
9. Pursing the lips indicating they are holding back information.
10. Tilting head to the side during key questioning
11. Rapid eye blinking
12. Breaking eye contact during crucial questioning
13. Staring
14. Not looking at questioner at all
15. Eyes can widen during key questioning indicating surprise at getting caught
16. Rubs eyes during key questioning
17. Bows head down

Voice and Speech Patterns

1. Nervous coughing
2. Constant throat clearing
3. Dying off at end of sentences
4. Mumbling or speaking inaudibly
5. Pitch of voice raises during key questioning
6. Gets defensive or overly aggressive during key questioning
7. Answers a question with a question
8. Repeats verbatim question interrogator or attorney asked
9. Stammers or hesitates over key words
10. Says like um uh a lot when explaining things
11. Goes off on tangents and doesn’t get to the point
12. Gives too much detailed information
13. Often doesn’t make sense
14. Inconsistent stories
15. Monotone or inappropriate emotion based on topic discussed

While not everyone of these tells means that a person is lying, if you see enough of them during the context of what is being discussed, there is a high likelihood that they are not being forthright or telling the truth. 

www.drlillianglass.com

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How To Fear Less in 2012

by Gina Simmons, Ph.D.

A six year old girl sat in my psychotherapy office crying, "burglars will break into my house and steal me." She can't sleep in her bedroom alone because she can't turn off the fear that "a bad man" will climb through the window and take her away. A ten year old boy fears that his parents will be killed. He screams in terror when his mother leaves to go shopping or his father drops him off for school in the morning. He finds it hard to concentrate in school because terrifying thoughts about losing his family take over his brain, making him miserable.

These children psychologically experience the horrors of crime, without actually experiencing any violations. They suffer from anxiety disorders that prevent them from enjoying life. Anxiety disorders are the most common mental health disorder in children 9 to 17. About 13 percent of children 9 to 17 will suffer from anxiety at some point in their childhood. Over 25% of children 13 to 18 will meet the criteria for an anxiety disorder, with 5.9% diagnosed with severe anxiety. I see many teens for anger management who suffer from undiagnosed anxiety. Their unreasonable tantrums over food, clothing, and socializing reveal irrational fears about germs, public scrutiny and social embarrassment.

About 40 million Americans, age 18 and older, suffer from the crippling effects of anxiety. This represents 18% of the adult population. Anxiety inhibits social and economic activity, negatively effects health outcomes and causes unhappiness and unnecessary suffering. Irrational fears, or phobias lead to the brain experiencing horrors as limitless as the imagination.

Even those who don't meet the criteria for an anxiety disorder, suffer from worries that impair judgment and inhibit happiness. People worry about terrorism, politics, world war, crime, car accidents, money, health, and anything dark that the mind can imagine. Worries about the future cause the imagination to run overtime playing out negative possibilities at the speed of thought. These thoughts cause the brain to pump out chemicals like cortisol and norephinephrine that put the body in a needless state of stressful arousal. Without a break from this cocktail of stress chemicals, the body can develop symptoms as if it had actually suffered the imagined trauma.

On a positive note, wonderful treatments for anxiety exist today, with high rates of success. Only about a third of people with anxiety actually get treatment for it. This contributes to much of the preventable suffering in the world. Fears of terrorism after the attacks of 9/11 inspired the book Fear Less: Real Truth about Risk, Safety and Security in a Time of Terrorism by threat assessment expert, Gavin De Becker. He makes a living working to protect high profile people from threats by real criminals. He writes about the difference between fear and anxiety. Real fear arises spontaneously when we face an immediate, perceivable threat. For example, a guy running down the street pushes me to the ground, grabs my purse and runs off. My heart pounds, the biochemistry of fear focuses my attention on safety and my attacker. Anxiety mimics real fear, but with one key difference. Anxiety produces fear-like symptoms over something in our imagination. Something not really happening.

One common theme I see in those with anxiety is a sensitive, imaginative nature. Television news reports, films and other media effect them very strongly. In fact, most of us, even those without anxiety, can feel a momentary tightening of the chest, a change in breathing, if we watch alarming news reports. For healthier brain chemistry and for better information, get your news from a variety of newspapers and news magazines. Blogs, without editorial review boards, are not the best source for news information. Blogs, like this one, offer opinions that you should fact check by reading from sources with strong editorial standards.

Gavin De Becker offers suggestions to improve your critical thinking and reduce your anxiety. Remember that television news programs do not exist to inform you. Television news exists to sell products for corporations. They need to keep you watching longer so that you will watch more commercials. To keep you watching longer they use alarming language like "deadly" and "shocking." When one senior citizen dies of the flu, local news reporters write, "officials alarmed by shocking deadly flu case." A more honest and helpful report might say, "some individuals with impaired immune systems could die after contracting this year's flu virus. You can significantly reduce your risk by frequent hand washing and staying away from those with symptoms of the flu." Not that exciting, but more honest.

The language of worry includes words like "possible" and "links." "The suspect, with possible links to Al Queda terrorists, admitted to multiple local bank robberies." A more accurate report might read, "after his recent arrest, a suspect admitted to multiple bank robberies in the Seattle area. An investigation continues." Anyone who has played the six degrees of separation game knows that all of us are loosely linked to everyone. If you have a computer with internet access you're "linked" to everyone else on the planet with a wired computer.

In addition to thinking more critically about the news reports you watch and read, it helps to commit to some brain hygiene habits that lower anxiety, improve your health and strengthen your happiness quotient. According to the authors of Spark: The Revolutionary New Science of Exercise and the Brain, exercise significantly lowers anxiety, and in some studies works even better than medication. Vigorous exercise increases Brain Derived Neurotrophic Factor, or BDNF. BDNF, called "miracle grow" of the brain, helps with all new learning and growth of healthy neurons in the brain. It also helps to repair the atrophy of the memory center of the brain, the hippocampus, after exposure to chronic stress. So don't make a New Year's resolution to lose weight. Instead, resolve to exercise at least 30 minutes every day. Your brain will love you and your body will become more fit.

To relieve anxiety, exercises that requires mental concentration work best. Sports like soccer, tennis, basketball and football require a lot of aerobic exercise and concentration. Activities like yoga, gymnastics and dance also require concentrating your awareness on what your body is trying to accomplish. These activities and many others give a big BDNF boost, to improve memory, reduce anxiety, and strengthen the body. You'll feel happier, look better and fear less. So move it, move it.

Photos courtesy of pink sherbet photograpy and ugg boy ugg girl.

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