Crime & Law Enforcement Issues & Death Penalty/Reopening a closed case

Advertisement

Expert: - 4/30/2007


Question
There's reason to suspect that a death that occurred over 25 years ago was not as reported (a natural death).  I have recently come across some documents that make me believe this.  How difficult is it to get a case re-opened and can you tell me some specifics about kind of new evidence that it would take to re-open a case?  Thank you.

Answer
Elizabeth,

Generally speaking the re-opening of a criminal investigation can be a difficult and drawn out process.  There are many exceptions but it is not as easy as going to the "cold case" bureau and asking the officers to look into the facts again.

With that said, however, if you have a good and reasonable suspicion that the death in question was other than what was reported by the coroner and/or police then you should take extraordinary action.  

Start by writing out your own concerns by hand or computer outlining the reasons why you suspect what you do.  Obtain a copy of the official certificate of death along with the documents you stated that you found.  Make copies of your own file and then go to the police department of the jurisdiction where the death occurred.  

Ask to speak with or schedule an appointment with an officer in the detective bureau or in the investigations unit.  If the department is small you might have to leave your information with a supervisor on duty.  

Regardless, keep a journal of the actions that you have taken, the information that you have uncovered and who you have spoken to.

The more work that you do and the easier you make it for the officers to consider re-opening an investigation will pay off in the end.  Remember to look at the process from the police department and officer's perspectives.  Crimes are reported every day and the detective or investigation units are usually backlogged.  To go back in time 25 years to a case that was cleared by exceptional or other means will take a very compelling argument on your part.

The kind of evidence you need to re-open a case can be as simple as DNA taken from archived physical evidence taken at the scene of the crime.  Since you don't state whether an actual police investigation took place the first time when the death was reported, that could be very problematic because after 25+ years most of the evidence and very probably most of the witnesses are gone.

With that said, re-opening an existing criminal investigation would probably prove easier to do than to conduct an initial investigation of a crime that occurred over 25 years ago.  Fortunately the statute of limitations on homicides in almost all jurisdictions never expires.                     

In my humble opinion you should take the steps I discussed above where you outline your concerns, your suspicions, and ultimately the new evidence that you found.  

Last, know that different jurisdictions have various access to criminal investigation techniques.  The CSI shows on television make it seem like they can perform miracles.  Unfortunately reality is oftentimes much different and stands in stark contrast.  Every law enforcement jurisdiction has unsolved crimes including homicides.  

Do the best you can with what you think you have.  I suspect that you will have to be very persistent unless the documents you stated you found include an admission by the killer or some similar "smoking gun" or readily apparent piece of evidence.  

Crime & Law Enforcement Issues & Death Penalty

All Answers

Answers by Expert:

Ask Experts

Volunteer

Jeffrey-Peter Hauck

Expertise

I would welcome the opportunity to answer questions relating to or related to the broad field of criminal justice.

Experience

Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU).

Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright.

Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Emmaus, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training. Lethal Weapons Training Instructor. Authorized to teach all firearms, academic, and skills courses as prescribed by the Rules and Regulation promulgated by the Commissioner (Pa. Code. Title 37, Chapter 21). Known in Pennsylvania as "Act 235."

Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004.

©2012 About.com, a part of The New York Times Company. All rights reserved.