November 1994 Volume 10 Issue # 10

OFFICERS 1994

PRESIDENT Clark Fogg Beverly Hills Police Dept. (310) 285-2116

FlRST VICE PRESIDENT Doug Duckson Torrance Police Dept. (310) 328-3456

SECOND VICE PRESIDENT Jim Lawson NCIS-San Diego (619) 556-1389

SECRETARY {fREASURER Bill Leo Los Angeles County Sheriff's Dept. (213) 974-4605

SERGEANT AT ARMS Louis Herben Riverside District Attorney's Office (909) 275-5810

CHAlRMAN OF THE BOARD Mary Nolte Ornnichrome Inc. (909) 627-1594

DIRECTOR Tom Jones Kern County Sheriff's Dept. (805) 391-7712

DIRECTOR Pat Nolte Anaheim Police Dept. (714) 254-1831

DlRECTOR Clint Fullen San Diego Police Dept. (619) 531-2569

DIRECTOR Diana Castro Los Angeles Police Dept. (213) 485-5364

HISTORIAN Bill Corson NCIS-San Diego (619) 556-1389

PARLIAMENTARIAN Gerald Snyder Torrance Police Dept.fRetired (213) 540-9591

EDITOR Alan McRobens Los Angeles County Sheriff's Dept. (213) 974-4605

COURTROOM DEMEANOR

(The following text is a paraphrastic transcript of one lecture at S_C.AF.O. 's Fourth Annual Training Seminar held September 10, 1994)

Speaker CREGOR DA TIG Supervising Prosecutor Riverside CO. District Attorney's Office

There are tworulestoremember when you testify as a Law Enforcement Officer. The firstruJeisthi~: everything you do, everything that you say and everything iliaiyejuweafinappurirooIn is observed by someone. -That's somethingalorbf.usforget," Why is it that lean say this so easily? Let's assume we have a courtroom.thatis empty except for the necessary players in a criminaltrial.no one is in the gallery. When you get up there to testify, how many peoply are going to be devoting thejr entire attention-to you? Think about it W~:haY~a.jhqge;t~f}lvejtltciis; pIlls'ol}e ort~o alt~Qtates-­ that's fifteenpe9pl¢. rightther~I.:CYou canassume that~yeiy second-that you are testifying ~t l~;lstphyju!o.t is Wa~ching you.). .. y ouJl~ye 11 defense i

yo~~n~!~Q:i:::;~~t~=ri:~~~~n!i~~~~me of though it were oneofthe most terrifying things they dOl!l(:l pgssipl)' imagine. We are going.to Udkabout how to overcomethat. Reihem.per!~hit.Y9u are the experts, not the lawyers, .... U nless you have ~11 att()rm~Y, ~ithi~r prosecutor or defense, who makes a liVIng in the same field as you do, you are the one who knows more about the field. Never forget that. Let the attorney prove to you that he or she knows what he's doing before you start getting scared, because there is nothing to be scared about.

Let us talk a little bit about that horrible word that we feel before we go to court ... nervous. There are two kinds of nervousness. The first kind is a natural emotional stress, sometimes I call it "putting your game face on". I feel it right now. I felt it before I walked up here. Every good cop and every good prosecutor feels that feeling. It's that little sense of anticipation right before you go into battle. It's the anticipation, and that's a positive nervousness. Don't be afraid of that feeling, of the butterflies in your stomach. Welcome it.

Then there is the other kind of nervousness, the bad kind, the fear of failure--the fear that you're going to get on the witness stand and you're going to fail. You're afraid=afraid that the defense attorney is going to make a fool of you. No defense attorney is going to make a fool of you unless you let him. You're afraid you're going to say something wrong, but we can always go back and fix that, that's nothing to be afraid of. You're afraid that you're just not good enough to carry the ball as an expert. Well, ladies and gentlemen, if you're not properly trained in your field, then you shouldn't be doing fingerprint examinations. If there is anyone who isn't properly trained, then that's the first thing you should tell the district attorney. A good district attorney can qualify almost any expert on anything. If you're scared and you think that you're going to fail, you'll get up on the witness stand and you will fail, because you're afraid, you're so wound up, you're nervous that you will say things wrong.

How do you overcome this fear, the terror of the unknown? The best thing to do is to find out when an expert whom you respect (someone from your agency or from a different agency who has testified numerous times) will testify, and go to court and watch him. It's real simple. You learn from watching someone who has done it a lot of times.

If you testify and you've been burned, and every once in a while that will happen, or you feel that you have screwed up, learn from the mistakes that you have made. Sit down and think to yourself, what did I do that got me burned, what trap did I fall into that got me burned, and don't ever let yourself get burned by that trap again.

How to avoid getting burned? The key element is always preparation. You have to be prepared. If you are prepared, you will be confident. If you know your stuff, any little jitters that you have will only be the natural jitters from knowing that you have to get up and testify. They won't be because you don't know the material. Bring your report with you to court. Take your report with you to the witness stand.

The first thing the prosecutor has to do is qualify you as an expert witness. Bring a resume or C.V. of training and experience with you to the witness stand. There is nothing that a juror likes more than to have an

expert get up on the witness stand and, in answer to the district attorney's magic question, "Do you have certain specialized training and experience in the area of fingerprints that has qualified you as an fingerprint expert?", the expert answers, "Yes, I do." "Please tell us what that experience and training consists of." Now you pull out your six page resume and, starting on page one, read your qualifications to the jury. What the defense attorney will typically do is to stipulate to your expertise, but the district attorney does not have to stipulate. A stipulation is an agreement between the defense attorney and the district attorney. So what I say is, "Your Honor, I appreciate counsel's offer but frankly, I would like this jury to hear Mr. Jones' expertise." Bring your resume with you to court. If you have a briefcase, stick a couple of copies in your briefcase and give one copy to the district attorney before you testify and keep one copy for yourself.

PREPARING THE PROSECUTOR: This goes back to rule #2. Never assume that

any prosecutor knows what he is doing. Don't be afraid to ask the prosecutor how long he's been doing this or if he's tried fingerprint cases in the past. If you don't have a prosecutor who's going to sit you down and discuss the case with you, then you need to sit the prosecutor down and discuss the case with him, even if it's only five minutes in the hallway. If there are any problems, if there are any issues, bring them up to the prosecutor. Chances are that the prosecutor doesn't have the first clue about what to ask a fingerprint expert.

It is not improper to talk to the district attorney about your testimony before you testify. The defense attorney may ask, "Didn't you discuss this case with the defense attorney, didn't the district attorney tell you the questions he was going to ask you and didn't you discuss any problems with the case?" The correct response to that line of questioning is, "Yes sir, I did discuss this case with the district attorney. I discussed my findings with the district attorney so that he would make sure that when I came to court, a fair and impartial version of my examination would be presented to the jury."

Review and prepare your exhibits. Jurors love stuff they can play with. In a fingerprint case you have the technology for those beautiful enlarged prints with all the little red arrows and numbers. Prepare your exhibits and show them to your prosecutor. If the prosecutor has prepared exhibits, ask him if he's going to have you look at any of the exhibits. There's nothing worse than when the prosecutor takes out that photo and asks you to identify that photo and you can't identify it. Also, make sure that the defense attorney sees any exhibits that you have prepared prior to the start of the trial.

Never assume that the district attorney knows what to ask you. You have to tell the district attorney if there's something you want to be asked. Don't assume that the district attorney is going to know . You have to educate the lawyer.

Gentlemen, you should dress conservatively, in dark colors. Ladies, wear a suit or a dark conservative dress. Do not wear high heels in court.

Demeanor on the witness stand. Again, remember rule #1, someone sees everything. When you sit down in the witness chair, don't lean back but sit up straight and don't cross your arms.

TYPES OF ATTORNEYS: First you have the friendly and non-aggressive

type. They are respectful toward you, ask low key questions and may joke with you--beware of that. If you laugh with the defense attorney, it conveys a message to the jury that the defense attorney is such a nice guy even the people's expert likes him and laughs with him. Try not to make the point that you're pals. Be respectful, but be professional.

The second type is the aggressive attorney. He's in your face from the get-go, very confrontational with rapid fire questions. He tries to get you angry and once he gets you angry, he has you. Don't let him get to you, don't let him get you angry. Remain calm.

The third type is the most common and he's the confusing type. He's the one that has no clue as to what he's asking you, you have no clue as to what he's asking you, so you try to help him by repeating the question the way you think he's asking you and answering your own question. If he asks a stupid question, tell him that you don't understand the question.

Remember that when you're called to testify, you are an impartial witness. You must maintain that appearance of impartiality. Never guess about something that you're testifying to. If you don't know the answer to a question, say that you don't know the answer or ask for the question to be rephrased.

(Editor -- Unfortunately the last minute or so of Mr. Datig's presentation was lost in the audio recording. Regardless of our inability to present his closing comments, his remarks and thoughts are much appreciated.)

An important area of testifying that is often overlooked is your physical presence and bearing in the courtroom. Let's talk a little bit about your attire. Someone is going to see everything that you wear. You have to remember that the first impression that the jury has of you is when you walk in through those back doors--usually.

But remember rule number one. Never assume that the first time a jury is going to see you is when you walk through those back doors. There are jurors in the cafeteria, in the hall, there are jurors everywhere. So when you arrive at the courthouse, from the minute you get out of your car, presume that a juror is going to see you.

How are you going to dress? If you wear a uniform, the average juror will equate that uniform with patrol or traffic. So now you have traffic officers testifying as fingerprint experts.

S.F. Police Lab Worker Accused of Drug Testing Fraud

(The following story appeared in the Los Angeles Times -­ Tuesday, September 20, 1994ffhanks to Russell Bradford/Bradford Document Examinations, Long Beach P.D. Retiredfor the contribution)

as many as 1,000 drug convictions that relied on Lancaster's findings. "The integrity of our department has been

compromised and we're going to address it," said San Francisco Police Chief Tony Ribera. "Any time you have the human factor involved, there are going to be times when the public trust is violated." To some defense attorneys, the San Francisco case

is just the latest in a string of scandals involving fraudulent tests by police departments across the country--including the use of falsified blood and fingerprint evidence. "It's a widespread and endemic problem in our

criminal justice system and it's not a surprise to me that you'd find it in San Francisco," said Los Angeles lawyer Barry Tralow. "Traditionally, jurors have been taught that fingerprints don't lie. However, liars do take fingerprints." In West Virginia, a police chemist whose lab tests

helped convict hundreds of criminal defendants in two states over 13 years was charged last month with perjury and tampering with evidence. More

•••• --------- ••••• than 70 cases are under review and two men, one convicted of murder and the other of rape, have been released. In New York, a state trooper pleaded guilty to

perjury two years ago for faking fingerprint evidence in four high-profile cases near Ithaca. His admission called into question convictions in dozens of other cases. The Los Angeles Police Department's lab had its

own problems in 1989 when ballistics tests incorrectly identified the gun of Los Angeles County Sheriff's Deputy Rickey Ross as the weapon that killed three prostitutes. Ross was later cleared and prosecutors began using their own experts to verify the lab's results. In San Francisco, defense lawyers said the bogus

drug testing is certain to result in a flock of appeals from inmates seeking to have their convictions overturned. Some are expected to file civil rights lawsuits seeking damages from the city for false imprisonment.

By RICHARD C. PADDOCK Times Staff Writer

SAN FRANCISCO--It was a normal day's work for police laboratory technician Allison Lancaster: A steady stream of officers brought in suspected narcotics seized from drug users for her to test. What she didn't know was that she was the target

of a sting by her own department. Tipped that drug samples were not being tested

properly, detectives gave her bags of harmless powder labeled as narcotics. Lancaster fell for the trap, authorities said, allegedly skipping required tests and identifying the planted samples as opiates and cocaine. The reports of allegedly fraudulent testing at the

San Francisco Police Department's laboratory have outraged defense attorneys and called into question

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Lancaster, a five-year lab employee, has been suspended from her job without pay and is under criminal investigation by the department. Charges could include falsely certifying evidence in court, an offense similar to perjury.

The Police Department and the office of Dist. Atty Arlo Smith have begun poring through years of records to determine what cases Lancaster worked on. Because most evidence is destroyed six months after trial, most of the confiscated substances cannot be retested.

"We estimate that it would be roughly 1,000 cases that we filed," Smith said. "I don't know how many will ultimately be affected. We are moving rapidly to make sure they are identified."

The testing controversy follow on the heels of a series of high profile scandals in the San Francisco Police Department, including alleged sexual harassment by Chief Ribera, the case of an officer who pleaded no contest to illegally accessing computer records on behalf of the Anti-Defamation League and the firing of former Chief Richard Hongisto for ordering officers to steal critical newspapers from street racks.

But Ribera, seeking to prevent further erosion of the department's credibility, said he moved quickly to investigate the allegations against Lancaster by a co-worker.

"The mere fact that it was called to our attention b somebody who works in the process shows it is certainly not accepted conduct," Ribera said. "I don't think anyone on this Police Department wants to send innocent people to jail."

At the police lab, Lancaster handled thousands of pieces of evidence a year but specialized primarily in blood work, conducting drug tests when there was an overflow or when she worked weekends--as she did at the time of the sting earlier this month. Blood test evidence is kept longer and her work on those cases has not been called into question.

During her five years with the lab, she was responsible for about 1,000 drug tests that led to convictions. In most of them, the defendants pleaded guilty, But San Francisco Public Defender Jeff Brown said it is unlikely most would have pleaded guilty without the police lab's finding that they possessed narcotics.

"They pleaded guilty on the basis of the statement by the crime lab that the substance tested positively," Brown said. "If that has been secured by intentional wrongdoing, that seriously affects the plea of guilty." How each of the 1,000 cases is resolved will

depend in part on what other evidence prosecutors can muster. Smith may attempt to uphold some convictions by presenting the arresting officers as scientific experts on the identification of narcotics. He may also argue that guilty pleas should stand because the defendants knew they possessed or were selling illegal drugs.

On occasion, Ribera said, drug users from the suburbs come to San Francisco and get taken in by con artists who sell them substances such as powdered milk balls instead of rock cocaine.

It is illegal to sell such things but not to possess a harmless substance and believe it is illegal. In some cases the lab clears suspects if it finds a substance is not illegal.

"The dope testing is the crucial piece of evidence," Brown said. "The person could think he has dope and the police could think he has dope. But if it isn't dope, the case falls apart."

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Letter from President Elect

"I, James E. Lawson, do solemnly promise to personally endorse the purposes of this Association, to attend all meetings when able to do so, to assist any member whenever possible, to investigate and report to the Association any new development in fingerprinting, in photography, or scientific aid to our work that shall come to my attention, to serve on a committee when requested, to not involve the Association in any controversy outside the scope of our work. "

All members have sworn to the above oath, yet how many of us have actually taken the time to read the oath that we just swore to in front of our peers? If you were like me, you were just trying to remember what the past president had stated and were trying not to embarrass yourself by forgetting any of the words he had just stated and asked you to repeat after him. I believe the time is now. All of us should read the

oath that we swore to and ask ourselves, am I adhering to what I swore to or am I just coasting along and letting the other person carry the bulk of the load for the Association? The elected officers definitely have an obligation to the Association and to the membership. The members also have an obligation to fulfill. We will and must get more participation from all our members if we are going to continue to be one of the most respected organizations in California, if not the United States. I hope and pray that I am wrong, but in the past

several years I have felt that some of our members were more interested in the Association being part of their voir dire than they were in being an active contributing member of the Association. My intentions are not to alienate anyone. I want

everyone to playa more active role in our Association. For those of you who do not know me, I speak and write what I personally feel. I may make some mistakes as I go forth. however, I'm always willing to listen to opposing views. I want each of us to ask ourselves, what can I personally do to make this Association grow. Am I willing to playa more active role this year? The Executive Board will be meeting in January to

prepare our schedule of events for the year. If any member has an item they want addressed, wants to host one our monthly meetings, wants to participate in any our functions, please let your wants or intentions be known to one of our board members.

Sincerely,

Jim

November Meeting Minutes

Date: Location: Host:

Nov. 5, 1994 Brookside Country Club Debbie Coats Bush Pasadena Police Dept.

Amounts Received 25 Dinners @ $25.00 $625.00

25.00 o

$650.00 Net Loss $ 678.37

Attendance Drawing Not Won

Amounts Dispersed 50 Dinners $1263.37 Door Prizes 65.00 Door Prizes

Fines Totals $1328.37

The meeting was called to order at 2020 hours by President Clark Fogg. Flag salute was led bX Past President Tim Golt. Past Presidents in attendance were: Dell Freeman (1973), Joe Mann (1985), Alan McRoberts (1991) and Tim Golt (1992). Prowam:

Community Policing" Jerry Oliver, Chief Pasadena Police Department

Old Business: Swear in of new members

Theresa Bennett -- San Diego Sheriff s Dept. by Past President Alan McRoberts

Second Reading: (motion to accept) John Cordischi -- Sierra Madre P.D. Motion by Lou Herbert 2nd by Diana Castro

Election results: President -- James E. Lawson, NCIS 1st. V.P.-- William F. Leo, LASD 2nd V.P.-- Louis Herbert, Riverside DA Sec.rrreas.-- Thomas Jones, Kern Co. SD Sgt. at Arms -- Clint Fullen, San Diego PD Directors -- Diana Castro, LAPD (2nd_yr.)

Lisa DiMeo, San Di~go SD Kurt Kuhn, Beverly Hills PD Thomas Lapisto, LASD

New Business: First Reading:

None Attendance Drawing:

Not won by Ann Punter, Amy Adams, or Delores Lewis

The meeting was adjourned at 2145 hours.

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Letter from the President I would like to congratulate and welcome our newest I would like to take this opportunity to emphasize DO

Executive Board members who were elected at our NOT CALL FOR A RESERVATION AND THEN November meeting in Pasadena. The three new NOT ATTEND AND EXPECT SCAFO OR OTHERS Directors are Lisa Dimeo-San Diego Sheriffs Dept., TO MAKE-UP THE DIFFERENCE!! Debbie Bush put Tom Lapisto-Los Angeles County Sheriff s Dept., and much work into the meeting with many nice touches Kurt Kuhn-Beverly Hills Police Dept. Congratulations highlighted by a very entertaining and informative also are in order for our •••• ~ speech by the Pasadena Police Executive Board members Chief, Jerry Oliver. In addition, who will be taking new this was Debbie's first time positions as follows: hosting a meeting and she did Jim Lawson-President, an excellent job. Bill Leo-1st Vice-President, Lou Herbert-2nd V.P., Tom Jones-Sec.ffrea., Clint Fullen-Sgt-at-Arms, Bill Corson-Historian, Diana Castro-Director (hold

over) and Alan McRoberts-Editor. I will be serving as your Chairman and assisting the President for an easy transition. All of these individuals have put much time and energy into our Association to make it as successful as it is today. The Executive Board will be meeting in January to discuss and plan the 1995 meetings and annual seminar. If you would like to host a meeting or make any suggestions please inform one of the Board Members.

Money losses regarding no-shows at dinner meetings for the year 1994 will be published

I ~~~~!~~~~~~~~~~~~~ in the Print during the month of L: January. This will give members a chance to see what SCAFO could have spent on other projects. I would like to remind all members that the membership renewal notices will be mailed shortly. Please do not delay in returning them to our Secretary /Treasurer.

I was greatly disturbed by the low attendance at the November meeting. Our host, Debbie Bush-Pasadena P.D., had 47 reservations called in and meal choices given. Only 26 members and guests actually came to the meeting. Our Association had to guarantee 50 meals at $25.00 each. This was a substantial loss to SCAFO which is a non-profit organization. The Association cannot absorb such losses. The members who made reservations and did not have the courtesy to attend should immediately submit payments to Bill Leo, Secretary /Treasurer.

I would like to welcome our newest member who was sworn-in at the November meeting, Theresa Bennett-San Diego Sheriff s Department. I encourage all members to meet and welcome her at the next meeting.

Our next dinner meeting will take place in San Diego on December 3rd. The new Executive Board will be sworn-in and great entertainment is planned for this night which is a nice kick-off to the holiday season. I look forward to seeing all of you.

Warm Regards,

Clark Fogg

"Every man owes a part of his time and money to the business or industry in which he is engaged. No man has a moral right to withhold his support from an organization that is striving to improve conditions within his sphere. "

- President Theodore Roosevelt - 1908

Bill Leo Secretary- Treasurer 2020 West Beverly Blvd. Los Angeles, CA 90057-2404 (213) 974-4605 (213) 413-4285 FAX $20.00 yearly subscription (attendance required for initial membership)

Donald J. Fandry Secretary-Treasurer 24 W. Winnie Way Arcadia, CA 91007 (818) 447-6962 $25.00 yearly membership

For subscription or membership information contact:

S.C.A.F.O.

C.S.D.I.A.I.

I.A/. Ashley R. Crooker, Jr. Secretary-Treasurer P.O. Box 2423 Alameda, CA 94501-2423 (510) 865-2174 (510) 865-2167 FAX $50.00 yearly membership

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in this issue

SCAFO Seminar

Presentation

"Courtroom

Demeanor"

S.F. Police Law Worker Accused of Drug Testing Fraud

President Elect' s Letter

November Meeting Minutes

President's Letter

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-- Upcoming Events/Schools/Seminars--

December 2 - 3, 1994 Introduction to Friction Skin Evidence Rio Hondo College

Contact Instructor Bill Leo

December 3, 1994 S.C.A.F.O. MeetingInstallation of Officers

January 1995

February 4, 1995 S.C.A.F.O. MeetinXHost --TB

May 11, 1995 Eight Annual Technical Seminar Los Angeles Sheriff's Dept.

July 9 - 14, 1995 Investigative and Trial Ima�e Processing. SPIE' S Intemationa S:bmposium

San iego, CA

July 23-28, 1995 I.A.I. 80th Annual TraininK,iSeminar. ·Costa esa, CJ

c£ ou.tf:.e.tn Ca.flfoinia clfuooiatlon of '3tnye.iptlnt c[;rfit!.e.u

clfn clfiioaiation f ot diale.ntifit!. [/n.1Je.itlfjatlon and [/Je.ntif iaation £nae. 1937