Crime-lab fire sprinkler douses DNA evidence | Seattle Times Newspaper

I sure hope they don’t end up losing convictions for violent offenders because of this…

Local News | Crime-lab fire sprinkler douses DNA evidence | Seattle Times Newspaper

Technorati Tags: Crime,True Crime,DNA,Forensic Lab,Seattle,Seattle Times

Ankylosing Spondylitis: All - Mayo Clinic.com

When I was finally diagnosed with AS ion 2009, I believe that I was typical in terms of the amount of time it takes to diagnose AS.  Recent studies indicate that it routinely takes between seven and ten years to diagnose the disease.  I want to link to a very good article about the disease, progression and treatment options, and to encourage you to follow the advice in the article:  write a careful, thoughtful, detailed summary of your symptoms, progression of symptoms, and any other conditions that may be present for you.

In my case, I was difficult to diagnose because as a result of significant joint injuries and a series of exceptionally invasive surgeries beginning when I was twelve or thirteen, I had osteoarthritis one would normally expect in a man seventy years old or more.  I had symptoms in the hands, feet, shoulders, lumbar back, cervical spine, hips and knees.  When I first saw a rheumatologist, the person found the history of surgeries, bone grafting, boring out of spine nerve openings, and combined with the x-rays that showed osteoarthritic changes, the rheumatologist stopped looking and told me that I would need joint replacement and that my problem was osteoarthritis.

Later on, as the fatigue and pain began to affect muscles and connective tissue like ligaments and tendons, I decided to see if perhaps the problem was metabolic.  I have hypothyroidism, and when I saw an endocrinologist a complete workup showed that many of my pituitary systems were far outside normal ranges.  After some evaluation and treatments, I was referred to a very experienced and exceptional rheumatologist named Steven Overman at the Seattle Arthritis Clinic.  The endocrinologist believed I had an autoimmune connective tissue disease.

Dr. Overman did a complete workup, and after evaluating all the data, was able to tell me that yes, I had osteoarthritis, but the main problem, causing the connective tissue inflammation, fatigue, hip, sacroiliac pain and the pain from back injuries and arthritic changes (many of the facet openings were being filled in with arthritic material, causing the nerves to be compressed as they exited the spine).  He also found osteophytes (arthritic bone spurs) at the point where ligaments and tendons attach to bone. 

Finally, after ten years of declining health, chronic pain that seemed to get worse every year, fatigue that made the travel and long hours of my executive job more and more difficult, I had a diagnosis and could begin treating the root problem.  The morning stiffness that lasted a couple of hours and sometimes more, the need to spend hours in a position that took the load off my spine and knees,  the poor sleep and frequent interruptions,  the increasing number of days when I was too fatigued and too sore, and somehow less able to concentrate…all could now begin to be treated.

I encourage you…don’t give up.  Don’t assume you are just a wimp (I did!).  Don’t give up when your first (luckily my Internist, Dr. Warren Fein, also saw the deterioration and was willing and helpful in pursuit of the cause(s) of my declining health and possible treatments – I’ll forever be grateful for such an exceptional GP to help me though my struggle to find a cause for truly life-changing health changes) or second or tenth doctor doesn’t get you some improvement.  You have to be your own advocate and keep on working at researching your symptoms, finding possibilities and investigating them with whatever doctor you can at that time.  The AVERAGE time to diagnosis for AS is 7-10 years.  Don’t give up until you find some relief.  Some AS patients are able to do amazing things after treatment – I know of one who ran a 5k.  I am still very much in a place where I have trouble getting around, and have to conserve my energy every day, just to be able to do the most important things.  But I have a path to a better quality of life, and I want that for myself, and for you, if you suffer from  AS. 

Please read the article below and start your own trek toward a better life.

Ankylosing spondylitis: All - MayoClinic.com

Technorati Tags: Ankylosing Spondylitis,AS,Mayo Clinic,Arthritis,Medical research,Arthtitis Research,Arthritis Experiences,Steven Overman MD,Seattle Arthritis Clinic

Spondylitis – From Denial to Support

This article is from this month’s Spondylitis Association of America publication, and I identified with the author in a number of his observations.  As he says in the article, the stories of people with AS are as unique and complex as the disease itself.  Many people have been suffering and searching for answers for years.  Many people alienate the people closest to them.  The impact of pain, limitations and fatigue often cause irritability, frustration, social withdrawal and the gradual (or not so gradual) loss of ability to do normal or enjoyable activities can leave one feeling depressed, grief-stricken, even eroding self-confidence, reasoning ability and memory. 

The author hits upon an outstanding concept when he recognizes with the diagnosis he became part of a group.  A group he wants nothing to do with, and a group of one – the author himself.  At least initially.  It is true that most people have no idea what SA is, or what it can do to a person, and that alone tends to isolate an AS patient from most of the people in his or her life. 

Again, if AS affects you, or anyone in your life, this article is worth reading. 

Spondylitis Plus - Featured Article

Technorati Tags: Ankylosing Spondylitis,Arthritis,AS,Arthritis Resources,Chronic Illness

Monfort Paralyzed by Shooting, Prepared to Kill as Many Police Officers as Possible

Accused murderer Christopher John Monfort is paralyzed below the waist, according to a statement from his family released by his designated counsel, Julie Lawry.  "Chris Monfort's family, like any other family in the same position, is heartbroken for all parties and is struggling to understand this tragedy.  At the same time they love and stand by Chris and look forward to coming to a fuller understanding of recent events."

Monfort’s condition has been upgraded to satisfactory.  He remains at Harborview Medical Center under guard by King County Sherriff’s Deputies.  Monfort was wounded when he was approached by Seattle Police Department homicide detectives.  The detectives were present to follow up on a tip (now attributed to the apartment complex manager)  that a rare early eighties Datsun B210 was parked in Monfort’s apartment building lot, and that it had been covered for the first time just after the murder of Seattle Police Officer Tim Brenton. 

When Monfort left his apartment (just as the memorial service for Officer Brenton was concluding) he approached the Datsun and his main car which was parked next to it.  Monfort’s usual car is a black Crown Victoria, probably a former police unmarked car.  Detective identified themselves and said they had a few questions.  At that, Monfort drew a Glock nine millimeter pistol, pointed the muzzle directly into the face of Detective Sergeant Gary Nelson and pulled the trigger.  Monfort had sixteen rounds in the clip for the Glock – the magazine was full - but he had not drawn back, or ‘racked’ the slide mechanism on the weapon.  Thus, there was not round in the chamber and the firing pin simply made a small but emotionally deafening clicking sound.  When the gun did not discharge, Monfort ran to a stairwell and tried to reach his apartment.  He was blocked before he could reach it and when he turned and brought the pistol up again three detectives fired.  One shot hit Monfort in the cheek, another in the torso. 

Monfort was pulled into the parking lot by detectives and an ambulance arrived very quickly to take the man to Harborview, the city’s trauma hospital.   Reporters who had arrived at the Emergency entrance to Harborview reported that there was a very large volume of blood – an unusual quantity according to several.  That observation concerning heavy blood loss, as well as the news helicopter live feed that I watched and commented on in an earlier post was the only information available until Acting Chief Diaz reached Harborview.  He also indicated at that time that the car found under a cover was indeed “the car” used in the attack.  We now know that the car carried a bullet fired by the courageous and composed beyond her years on the force Britt Sweeny.  Monfort was immediately rushed into surgery, where he underwent a very long surgery to repair damage caused by the two bullets that had hit him.  He was listed in critical condition and was not upgraded to serious condition until the following evening.  Monfort was upgraded today to satisfactory today. 

Police have read him his Miranda rights, and say he has not requested an attorney.  Assistant Chief Pugel, responsible for the Investigations bureau of the Seattle Police Department has stated that Monfort is not being interrogated at this time – in response to speculation by defense attorneys that SPD might be sequestering Monfort for the purpose of getting him to confess.  The Assistant Chief’s manner suggested to me that there was so much physical evidence already that a confession is not of great importance to securing a conviction in the case.  A recap of the evidence, as it is known now:

• Datsun B210 matching the descriptions of witnesses  as well as the video of the car obtained from the dashboard camera in Officers Brenton and Sweeny’s unit and others responding to the shots fired radio call.  The Datsun was covered with a car tarp for the first time shortly after the Halloween shooting, and remained so in the space next to Monfort’s other car – a Crown Victoria which looks to be a retired unmarked police unit.
• A bullet recovered from the Datsun B210, matched to Officer Britt Sweeny’s service weapon.
• .223 rifle matched in ballistic testing with the rifle used to wound Officer Sweeny and kill Officer Brenton, found in Monfort’s apartment.
• Improvised explosive devices and the materials to make fire bombs, found in Monfort’s apartment.  Included was a notebook listing the time it took various fuse lengths to burn down.  Monfort’s apartment was booby trapped to detonate fire bombs on entry, and SPD used a robot to make entry.  Police also found several other incendiary materials including a fine powder accelerant used to create explosive force when confined to a small area (like, say, a pipe) and ignited.
• A long document expressing rage at police in general.  A copy has not been made available and police have offered no ‘on the record’ details'.  Some reports indicate the manifesto also threatened to attack officers, but I haven’t seen any confirmation of that.
• DNA from:
• a US flag left at the maintenance yard arson site;
• a threatening letter left at the maintenance yard;
• a Us flag bandana at the location of the shooting;
• water bottle and cap left at the maintenance yard;
• A copy of the letter left at the maintenance yard arson, decrying police brutality and threatening to kill officers, was found on Montfort’s printer, in his apartment when police entered.
• Materials were found in Monfort’s apartment matching the improvised explosives used at the maintenance yard firebombing that damaged a mobile command unit and three squad cars, and only narrowly missed injuring or killing police and firefighters responding to the arson call.
• Propane bottles matching the ones used in the fire bombing at the maintenance yard were found in Monfort’s apartment – some already assembled into an explosive device.
• Witness testimony indicating that a Datsun matching the description of the car provided by police dash camera videos and Officer Sweeny had been seen following a police patrol car several times in the half hour prior to the shooting.
• Witness testimony that this car – Monfort’s, as we have come to know because he hid the car, it contained a bullet from Officer Sweeny’s gun, etc. – had tailed Sweeny’s patrol car, stopped and reversed into a dark parking lot just behind the police vehicle.  He waited until the traffic stop was concluded, and then pulled alongside the police car and opened fire.  Witness also saw Monfort execute a 3point turn to avoid the dash cam (avoidance FAIL).  The appearance of the Datsun on Sweeny’s dash cam just fifteen minutes prior to the shooting corroborates the witness statement as well.
• Video of a traffic stop just two blocks from the site of the shooting nine days prior to Halloween.  The video documents that Monfort had come to the attention of an SPD unit on routine patrol because he had been driving around the area slowly, looking back and forth.  The officers thought he many be lost, and when he failed to signal a turn he was stopped.  From the first sentence, where and officer asked Monfort if he knew where he was trying to go was met with a snappish remark in return.  The video tends to document Monfort’s state of anger at police, as well as indicating that he may have been cruising the neighborhood.  Perhaps he was planning his escape route to Tukwila or perhaps looking for areas where he noticed police cars present.  In the light of the events which followed, this video tends to augment the other evidence above.
• A military style knife identical to one found at the maintenance yard was found in Monfort’s apartment.
• Though it is not evidence, the profile police of the unknown suspect in the shooting, and published along with the dash videos of the suspect’s Datsun, matched the suspect identified the next day as a result of the manager’s tip so closely it is hard to believe that the profile author(s) did not already have a suspect and reverse-engineered a profile.  I’ve never seen one this accurate in such detail.
• Monfort’s reaction when detectives approached him in the parking lot of his apartment building.  His response when the officers identified themselves and said they wanted to talk with him, was to draw a Glock, aim at a detective at close range and pull the trigger. Had Monfort remembered to charge the firing chamber when he loaded the magazine another officer would be injured or worse.  The reaction was immediate and showed no hesitation, and to me that says that Monfort was willing and ready to shoot an officer if he was approached.  He tried to run, and when hemmed in he reacted without hesitation and attempted to bring his pistol to bear again.  Flight has been treated as a consciousness of guilt in our justice system, and in this case it seems quite clear to me that Monfort’s first decision when police asked to speak with him was to attempt to kill a policeman – or God knows how many with sixteen rounds in one magazine before he’d need to reload.  His second reaction was to run, and when he was blocked from reaching his cache of weapons and explosive materials in his apartment, Monfort raised the Glock again.  Attempted murder, flight, attempt to shoot officer again adds up to a strong indicator of consciousness of guilt.
• Monfort made a presentation while studying criminal justice at the University of Washington (the presentation is posted in several places, just Google ‘Christopher Monfort jury nullification”).  The presentation supported the work of a professor at another university who has advocated jury nullification (a jury which disregards the judge’s instructions), and in fact Monfort wished to augment the professor’s work by advocating that juries acquit accused minority defendants regardless of the evidence or instructions of the judge.  He argues that the justice system is unfair to people of color, and because of this juries had a duty to level the playing field.  Monfort apparently was not picky about crimes in advocating jury nullification.  He included all crimes in his concept that juries should acquit.
• I expect that the state crime lab will be adding additional forensic evidence in the coming weeks, such as demonstrating that the composition (chemical constituents, manufacturing process, impurities or contaminations information, brands, etc.),  of the materials used at the fire bombing site and in Monfort’s apartment.   I don’t believe I’ve listed all the evidence in these bullet points, but I do think that I’ve explained why the Assistant Chief may have hinted that the family and Ms, Lawry need not worry that police were isolating Monfort to intimidate him into confessing.  I’m sure the Chief need not have hinted that not only were officers NOT talking with Monfort in an effort to get a confession, but of course the Seattle Police Department does not ever coerce confessions.  And in this case, I read the Chief’s non-verbal cues as conveying the impression that there was so much evidence that police didn’t need a confession to get a conviction.

Monfort’s mother answered some questions through Ms. Lawry, counsel appointed to his case.  Monfort is an only child (though a person claiming to be his half-brother with a shared father has been posting in forums about the case).  Lawry also made available some questions she had asked and answers given by Monfort’s mother:

“As a little boy it was Scouts, baseball, football, playing outside with friends at any chance. He loved putting model cars and airplanes together. He developed a major interest in ariplanes and collected books on them and later learned to sky dive and as an adult learned to love scuba diving, motorcycling and he loved to travel. While in Community College he began to paint and loved to paint to music and won a prize for one of his paintings at the school. He also is a lover of music - all genres and taught himself guitar and would often give gifts of music to friends and family.”

Prosecutor Dan Satterberg’s statement at the press conference announcing that he would file aggravated first degree murder charges among others brought an unwelcome image to my mind of Waco, Texas and the Branch Davidian compound conflagration. According to Satterberg:

“This case is unique in that Monfort deliberately planned to confront police and kill as many officers as he could.  He was planning to make a final armed stand should he be discovered."

Monfort had booby trapped his apartment, had fire bombs waiting for use, as well as his .223 rifle.  In retrospect, the consequences of approaching Monfort to ask questions could have resulted in other deaths win the ranks of both the targeted group - police officers and a likely unintended group – other residents in the apartment building.  Had Monfort made it to his apartment, the scene I watched live as news helicopters hovered above the building might have been of a firefight followed by explosions and a very big fire in the apartment building rather than a brief view of the accused being stabilized for transport and then of the covered B210, and the dozens of police cars stacked up for several blocks on the road leading to the building.  The street was so jammed with vehicles that when the  SWAT and crime scene vehicles arrived, officers had to move some patrol cars just to get the larger vehicles to the scene.

That Monfort carefully planned these crimes is clear, and his letter to police, left at the scene of the arsons and on his printer, Monfort told police to:

“Start policing each other or get ready to attend a lot of police funerals."

Thankfully, an alert citizen and quick and careful police work by Seattle Police Department investigators brought down the curtain on Monfort’s play before anyone else could be harmed.

Technorati Tags: Christopher John Monfort,Murder,Seattle Crime,Seattle True Crime,True Crime,Criminals,Death Penalty

Ballistics, Touch DNA and Plans to Kill More

Suspected murderer Christopher John Monfort intended to kill more than one officer, and has been connected by ballistics, DNA and materials used in making bombs to both the fire bombing at the Seattle Police Maintenance Lot and the murder/assault of Officer Tim Brenton and Britt Sweeny.  Monfort’s DNA was found on both a small American flag left at the scene of the arson, as well as on a flag bandana left at the scene of the shootings.  The Datsun B210 found near Montfort’s apartment had a bullet from Officer Britt Sweeny’s weapon embedded within the body.  A .223 rifle found in Monfort’s apartment matched exactly the rounds fired at Brenton and Sweeny.  It is believed that the prosecution is preparing aggravated first degree murder charges, in addition to others related to the assault and bombing.  First degree murder with aggravating circumstances opens the door to the death penalty under Washington State law.  If it isn’t used in this case I can’t think of a case which would merit the ultimate penalty.

Technorati Tags: True Crime,Crime,Seattle Police Officer Shot,Seattle,Seattle Crime,Shots fired,Manhunt,Christopher John Monfort,Officer Tim Brenton

The Zodiac Killer: New Technology, New Leads?

If you’ve ever read about the Zodiac killer, you’ll know it remains one of the most well-known cold cases in the US, if not the world.  The murderer has never been identified.  For an overview of the cases please check out the Wikipedia entry, primarily written by Ed Neil.  You can find it here:  Zodiac Killer on Wikipedia

(Zodiac letter to the San Francisco Chronicle)

Several new tidbits of news are percolating and will be fully announced between now and September 30.  First, former LAPD Supervising Detective Steve Hodel, the author of Black Dahlia Avenger, has released his second book about his father.  Steve built a case against his father – a case believed by many readers of his first book, including me ; and the case was strong enough that the Head Deputy District Attorney issued a ten page memo indicating that were Steve Hodel’s father, George H. Hodel still alive, he would feel confident in bringing him to trial and seeking the death penalty.  That telling opinion, by one of the most experienced prosecutors in the country, based on the investigation conducted by Steve Hodel – himself a veteran homicide investigator for the LAPD, and with  over three hundred homicide investigations and a very high solve rate on his resume, convinced many people that Steve’s father George Hodel did indeed kill Elizabeth Short, the Black Dahlia.

Beginning with the knowledge (opinion, really) that the elder Hodel was a serial murderer, and he had fled the country to live in Asia for forty years, it was a natural thing for Steve to think:  ‘I wonder if this was his first…or his last’?  And so he began a new investigation which has spanned six years and has brought Steve to the conclusions in his books.  Released this week,Steve’s second book focuses on the trails Steve has found that appear to be the very paths that his father walked.  Steve believes that he has found a series of murders that took place – were committed I ought to say – by his father, George Hodel both before the Black Dahlia series and after it as well.  Steve’s book can be found at the link below, as can links to Tom Voigt’s excellent  website, which has more data, accessible to any researcher with an internet connection, than all other Zodiac sites combined.  I have just finished Hodel’s new book: Most Evil: Avenger, Zodiac and the Further Serial Murders of George Hill Hodel.  It is a fascinating book and I highly recommend to true crime readers. 

Finally, the episode of the History Channel’s new series MysteryQuest which deals with Zodiac.  The promotional ad that is running now in advance of the September 30th episode says:  “Years later, new technology, a new suspect…one step closer to solving the mystery/” 

All together, these events add up to a flurry of activity that brings new attention, and hopefully, new leads to the people still working to see this case solved. 

Most Evil and othe Zodiac books available at Amazon, through Zodiackiller.com

Steve Hodel webpages, blogs, exhibits

http://www.zodiackiller.com/

For a group of amateur sleuths, retired law enforcement, and researchers around the world, these events are eagerly anticipated in that they stir the pot, and provide the possibility of new clues, and possibly new evidence – perhaps even DNA results that could exclude someone.  Quite a week from 22nd to the 30th. 

Technorati Tags: Zodiac killer,serial killer,murder,true crime,Steve Hodel

DNA Evidence Can Be Fabricated – Pretty Easily, It Turns Out

An interesting article was published online in a forensic journal indicating that DNA evidence can be manufactured even without any blood or tissue from the targeting profile.   

The implications for courtrooms is hard to overstate, and in fact the authors of the study are associated with a Tel Aviv genetics lab that is marketing a means for forensics labs to distinguish between faked and genuine samples.  The company, Nucleix uses a molecular technique that allows technicians to tell if a sample has been fabricated.  The technique relies on the fact that amplified DNA — which would be used in either deception — is not methylated, meaning it lacks certain molecules that are attached to the DNA at specific points, usually to inactivate genes.

Abstract for FSI Genetics Article

NY Times Article by Andrew Pollack

Israel National News

Of course, as DNA has become more and more commonly used, and in general it has been regarded as being impossible to fake – and unlikely to be mistaken – it has taken on a huge and pivotal role in adjudicating guilt or innocence in criminal cases.  How many cases in the future will end with reasonable doubt because the results might possibly have been faked?  Absent some system such as that offered by Nucleix, I think there is the potential for a lot of them, to say nothing of the appeals of existing cases. 

I’m going to be looking for more on this topic – especially to hear if other scientists agree with the Nucleix folks about how easy it would be to fake evidence.  Stay tuned.

Technorati Tags: DNA testing,DNA evidence. DNA Results Faked,Forensics,Forensic Science

When the Innocent Pay More Dearly than the Guilty

People who know me know that I am pretty much a law and order guy. Those who have chosen to take from others, or have injured or killed others must be punished for placing themselves above their victims.  Society cannot function unless the boundaries of acceptable behavior are somehow enforced, and the consequences of stepping outside the boundaries are harsh enough to give pause.

That being said, I have found myself becoming more troubled over recent years by both the appearance that personal wealth often exacts a different sort of justice than can be routinely attained by people of modest or no means.  Equally troubling is the number of innocent persons who are convicted and imprisoned (or worse) and later exonerated.  Of course, by definition, any human endeavor will entail some margin for error, but there is reason for the ordinary person to be concerned to a degree over the number of times people who did not commit a crime are found guilty.  There have been so many stories – hundreds of them, over recent years – in which people who have served years in prison, suffered ruin to reputation and finances, lost time with family and friends, and worst of all, have been exposed to the prison environment and its’ horrors, despite being completely innocent of the crimes they’ve been convicted of committing.

Recently I read about a man who not only served years in prison for a crime he did not commit, but also died there.  The story was heartbreaking and the more I read the worse it got. 

According to a story in the Lubbock, Texas Avalanche-Journal, the judge presided over hearings on Timothy Cole’s wrongful conviction case in early February, entered an order exonerating Cole, and praising the Lubbock District Attorney of today for requesting DNA testing (though I should point out that the DA fought the request initially).  In part, speaking to Cole’s family as well as to the woman a Lubbock County jury believed Cole raped more than 20 years ago Judge Charlie Baird said:

“I want to say this with absolute clarity, that I have reviewed everything possible to review in this case,” Baird said. “The evidence is crystal clear that timothy Cole died in prison an innocent man, and I find to a 100 percent moral, legal, and factual certainty that he did not commit the crime of which he was convicted.”

The story is heartbreaking enough – a woman raped, an innocent man convicted (the judge also chastised the police for an investigation that investigation that destroyed, “downplayed or deliberately ignored” evidence Cole did not abduct and rape the woman, once they’d decided he was the guilty party), the innocent man dies in prison and the guilty man is never convicted (though he is in prison for another rape).  To me, it gets worse. 

Before the trial, Tim Coles was offered a plea which would have given him probation only – no prison time.  He refused, saying that he would not plead guilty to a crime he had not committed.  Later, when he came up for parole he similarly refused to show remorse for the crime – again saying he was innocent.  This meant that he not only served many years in jail for a crime he didn’t commit, but he was there only because he refused to admit to the crime he didn’t commit.  Though he was eligible for parole, his unwillingness to accept responsibility and show remorse caused his parole to be denied.  He dies in prison of asthma.

The case illustrates something I think we should all demand of our prosecutors:  TEST THE DNA.  Far too many times people have languished in prison because the state refused to test DNA.  If the person is NOT GUILTY the state should never seek to keep them in prison.  Our society demands this in pursuit of actual justice, not just conviction records.  Second, I think we should all think long and hard about this situation, where if this man had admitted to a crime had had not committed, he would not have gone to prison, and if he’d apologized for it he’d have been paroled.  His principles ensured that an innocent man would receive a punishment much worse than a guilty man. 

I believe that police do a vital and undervalued service in our society.  I believe that they regularly do their best to serve the citizenry, and often under less than ideal circumstances.  I thank them for their service and appreciate their sacrifices.  I echo this sentiment for prosecutors.  I do hope that as cases like this where testing DNA can be done that it will be done in the public interest.

Technorati Tags: Crime,false convictions,DNA testing