The purpose of this chapter is to provide practical information on identifying deceased persons and to assist the homicide investigator in the difficult and often frustrating task of identifying badly decomposed bodies or skeletal remains.

Most deceased persons are readily recognizable to relatives and friends and can be officially identified for law enforcement purposes. Decomposition and dismemberment as well as mass disasters pose further problems because ordinary means of identification such as photographs and fingerprints may not be effective.

The tsunamis in Asia that occurred in December of 2004 after an undersea earthquake resulted in the deaths of almost 300,000 persons, many of whom have never been identified. Other mass disasters, such as airplane crashes, explosions, fires, and major catastrophic events, often result in identification problems for authorities.

In addition, as we have entered the new millennium, the law enforcement and forensic communities have encountered an increase in suicide bombings — specifically by Islamic terrorists, as well as other terrorists who target civilian populations. In September of 2001, the United States of America suffered the worst attack since Pearl Harbor when radical Islamic terrorists flew commercial airliners into the Pentagon and New York City's World Trade Center, killing thousands of innocent civilians. In fact, the World Trade Center attack resulted in the largest crime scene process ever undertaken by the New York City Police Department and New York Medical Examiner's Office as attempts were made to identify human remains through DNA.

The criminal investigator should be aware of the contributions that forensic experts, such as microbiologists and forensic anthropologists and odontologists, can lend to the process of identification of human remains. I recommend that the homicide investigator establish personal contact with these forensic people and include them in the investigative team.

Remember: Joint contribution to a team effort is not only professional, but also effective.

257

The Identification

The identification of the victim is critical because, in order to prove a charge of homicide, it must be established that a named or described person is in fact dead. (This verification of death is usually made by a physician; however, in many jurisdictions an ambulance technician's pronouncement of death is sufficient.) Furthermore, from an investigative point of view, identification provides a starting point and direction for the inquiry.

Practically speaking, most homicide victims are killed by someone they know. Therefore, the identity of the deceased may provide motive and establish a clue to the identity of the killer. In addition, even in "stranger homicides," the identity of the victim will furnish information about his or her movements, which may establish time of occurrence and other information about the crime. Knowing the identity allows the investigator to establish the victimology (see "Victimology" in Chapter 1) and to discover:

The family, spouse, and relatives of the deceased

The friends, lovers, and neighbors of the deceased

The residence of the deceased (which will provide additional information about the deceased)

His or her business associates

Whether the deceased was involved in criminal enterprise

Where the deceased socialized and locations frequented

Habits and routines of the deceased

The character of the deceased

Personal information and lifestyle of the deceased; enemies of the deceased (if you know the enemies of the deceased, you can consider one of them — a business competitor, spouse, lover, etc. — as a suspect).

Identification at the Scene

Personal Identification

In many cases relatives or acquaintances are present and can make an identification to the police at the scene. Usually, this identification will be sufficient for investigative purposes, pending official identification by some member of the family to the medical examiner or coroner. The investigator, however, should still pursue established practices of identification. The body should be photographed, a complete description of the body and clothing should be obtained, information relative to medical and dental data should be gathered, and a request for DNA and bloodtyping at autopsy should be made. In addition, all dead bodies, especially in homicide cases, must be fingerprinted.

I recall a case which took place in another jurisdiction, north of New York City. A suspect was shot and killed during a narcotics rip-off by the would-be victims. The police who responded to the shooting arrested the would-be victims and a female accomplice of the dead man and seized a gun as well as other evidence. The woman gave the police a fictitious name for the deceased. Although fingerprints were taken during the autopsy, they were mistakenly put in the dead file under the fictitious name. No record check was ever made.

However, a separate investigation by New York City police was undertaken because the gun used in the aborted stick-up was the same caliber as one used in three New York City homicides during similar rip-offs. An additional set of prints was taken by the city detectives for comparison with latents obtained during the homicide investigations, and a record check was conducted at New York City Bureau of Criminal Identification. The gun was also subjected to ballistics tests in New York City and was positively identified as the same weapon used in the three homicides.

The record checks revealed that the dead suspect was not the person named by his accomplice, but was in fact a wanted escapee who had already been identified as a murder suspect along with his female partner. The female accomplice had purposely misled police in an attempt to avoid identification. Her ruse would have worked had it not been for the second fingerprint record check. Although she gained temporary freedom, she was rearrested in New York and subsequently indicted for murder on the three outstanding homicide cases.

The original prints should never have been filed before a record check. Obviously, an oversight such as this can result in a wrong identification; identity should be positively established before the body is released and the case closed.

Clothing and Possessions

The clothes and possessions of the deceased — such as driver's license, social security card, and I.D. card — are the best sources of tentative identification at the scene. The pockets of the deceased should be searched for any other material documents or photos. This information and, if the body is in good condition, a digital or Polaroid picture of the deceased or photos using the Polaroid Macro 5 SLR camera can be used by investigators to attempt to locate family or friends and verify identity. The clothing should be preserved for future identification.

Identification by Photographs

If the body is in good condition, a color photograph should be taken of the face. A full facial shot and a profile as well as detailed pictures of any tattoos or scars and the ears (which are distinctive) should be obtained. If the body is found indoors and there are photos of the deceased there, they should be retrieved and duplicated with the Polaroid Close-Up Kit, which includes the spectra 1200si camera, to produce a 1:1 copy and the copies distributed to the investigators doing the canvass.

Remember: The body should be photographed before autopsy with and without clothes.

This should be done even in cases where the body is in decomposition. In addition, x-rays should be taken of unidentified bodies because medical records may be available which can be used to make identification. I recall a case where the headless and handless bodies of two young women were found in a midtown motel. The murderer had poured a flammable liquid over the bodies and set them on fire in an attempt to prevent identification. Extensive medical and pathological efforts were employed to establish identity. The autopsy revealed a 3-inch surgical scar on the abdomen of one of the victims. This scar eventually provided police with the identity of the victim, a 22-year-old prostitute. The killer was eventually caught after he committed a series of similar mutilation sex killings in the metropolitan area. However, the key to his involvement in the New York City killings was the identity of the torso. A search warrant was obtained for the suspect's residence, and items belonging to the 22-year-old victim were found in his home.

Description of the Body

A complete description of the body should be obtained, with emphasis on any deformities, markings, abnormalities, and distinctive traits. The ears make a good identifying feature because, even in the event of decomposition and other changes, they remain the same. The following information should be obtained if possible:

1. Name (if papers or documents indicate name — tentative only)

2. Sex

3. Age (date of birth if available or estimated age)

4. Race, color, and nationality (skin color)

5. Length or height

6. Build (muscular development — be careful in cases of decomposition)

7. Shape of face (square, round, etc.)

8. Neck (thin, large, Adam's apple, etc.)

9. Hair (color, length, type of configuration, curly or kinky, wavy or straight)

10. Beard or moustache

11. Forehead (high, protruding, receding hair line, etc.)

12. Eyes (color), eyebrows, lashes (bushy, thin, fake, etc.)

13. Ears (cauliflower, large, small, deformed, etc.)

14. Nose (small, large, base of nose)

15. Chin, jaw (protruding, receding, square, round, etc.)

16. Mouth, teeth (condition of teeth, missing, spaces, size of lips, etc.)

17. Lips (thin or thick) — note decomposition

18. Hands (small, large, rough, smooth, manicured, calluses, craggy, dirty or clean, which may indicate possible profession, e.g., laborer vs. office manager, etc.)

19. Fingers (long or short, marks of any rings, jewelry, etc.)

20. Describe any jewelry and/or rings

21. Feet (big, small, shoes, etc.)

Figure 10.1 IDENTIFICATION — TATTOOS. Identification of persons through distinctive markings, abnormalities, and tattoos — especially if the tattoo is unique — is very effective. (Courtesy of Dr. Leslie I. Lukash, former chief medical examiner, Nassau County, New York.)

22. Body piercing (decorative and/or sexual in nature and unique and recognizable to family and friends)

23. Tattoos (some tattoos are remarkably unique)

24. Scars

25. Prosthesis

26. Dentures

27. Physical malformations (clubfoot, missing toe, etc.)

Clothing

Clothing should be examined for identification marks. The use of laundry marks and dry-cleaning tags by commercial cleaners can be traced to specific locations. In addition, there are manufacturers' marks and, in some instances, serial numbers for valuable items.

Jewelry and Watches

Most items of jewelry are quite distinctive and may contain inscriptions or jewelers' marks. In addition, there are wear patterns that are distinctive to certain items and the rare "special piece" that can be identified as belonging to a certain individual. I have an excellent example of a special piece of jewelry, which represents a oneof-a-kind piece, in my files. A man who worked at a local funeral parlor had decided to kill his ex-wife and get rid of her body by cremating her after the funeral parlor had closed for the day. He tricked her into meeting him on the pretense of buying a Christmas present for their little girl and requested her to come back to work with him so that he could secure the premises. He knocked her unconscious and placed her body in the crematorium. The body was reduced to cremains (unidentifiable except for later DNA analysis). However, he did not have the knowledge of how the crematorium worked and was left with a bucket full of cremains.

During the early stages of the investigation, the husband emerged as suspect when his ex-wife was reported missing. However, the DNA analysis to prove that his wife was in fact the victim who had been cremated was not readably available. The detectives requested a search of the crematorium filter unit, which caught small items that did not burn such as teeth, buttons, pins, metal plates. Among the various metallic and noncombustible items was a piece of jewelry — a gold necklace with diamonds always worn by the deceased. The victim and her friend had designed the necklace when they worked together at a jewelry store. This was an extremely important piece of circumstantial evidence, which indicated that the cremains were those of the victim pending the positive DNA parenting match.

The more expensive watches can be traced to their source of retail sale and if the watch was worked on by a watchmaker or jeweler, the item will usually have some marking which will identify the particular craftsman.

In the absence of fingerprint and/or positive identification, the investigator should attempt to obtain as much information as possible from the clothing, jewelry, body, and material found in the pockets, as well as photographs, with a view toward publication of this information in local papers and on radio and television. Many identifications have been obtained with appeals to the public for information.

I remember one case in which the body of a young woman was found in the wooded area of a park. The woman had apparently been shot "execution style." The body was stripped of all identification except jewelry. One of the pieces of jewelry was quite distinctive. It consisted of a caricature of a devil's head with two diamond eyes and ruby mouth. This item and five or six other pieces of jewelry were carefully described, as was the body and clothing of the deceased. The description was given

Figure 10.2 FILLING OUT FINGER. Injection of water into a finger that has become shriveled or wrinkled so that the fingerprints can be obtained. It is recommended that the fluid be injected to restore the finger's normal contour and that a string be tied above the needle hole to prevent the water from leaking out. (Courtesy of Medical Legal Art. Illustration copyright

2005, Medical Legal Art, www.doereport.com.)

to the press, with a request for anyone with information to please call the police. Twenty-four hours later we received a call, based on the description of the devil ring. A positive identification was obtained and the case continued.

Fingerprints

The fingerprints of the deceased matched with fingerprint records on file provide positive identification. If the victim does not have fingerprints on file, the comparison and match of the deceased's prints with latent prints taken from the dead person's home or place of employment is sufficient to prove identity. In the absence of identification by immediate family, fingerprint records represent conclusive evidence of identity.

The circumstances of death and the condition of the body usually determine whether good fingerprints can be obtained. The methods used to obtain prints from dead bodies range from the simple to the complex. Heavily decomposed bodies, fire victims, and bodies in mummification make this process extremely difficult, if not impossible.

Obtaining Fingerprints from Dead Bodies

A standard fingerprint card, preferably a thin one, can be cut into two strips, one strip for each set of five fingers. The fingers are inked with a roller or pad. Each inked finger is then placed on the strip in the corresponding box. The strip is held

Figure 10.3 SKIN SEPARATING FROM HAND. This "floater" was removed from the Hudson River waterway in New York City. In some instances, the entire outer layer of skin from the hand can be removed intact. It should be pointed out that it also can be lost during recovery operations. (From the author's files.)

in a curved holder or spoon. The finger is pressed against the strip and an impression is obtained.

If there is rigidity in the fingers, the joints can be bent back and forth several times until they are sufficiently flexible. You may need to take several prints before you get a good impression. Select the best impression and paste this on the respective section of the fingerprint card.

Remember: Be careful not to mix up the prints.

In the cases where the skin is dried out or shriveled up, as in mummification, the fingers are amputated and immersed in a softening solution or water for several days until the skin softens. Each finger is placed in a separate bottle and each bottle is numbered one through five for each hand. It is imperative that these fingers not be mixed up. This procedure should not be undertaken without the permission of the medical examiner, who usually will do the cutting. The examination will be performed by a technician or laboratory.

If the fingers have been immersed in water or the body is that of a "floater," a fingerprint technician or expert is the best person to attempt to obtain prints. Various procedures are employed, depending on the condition of the body. If the fingers are shriveled or wrinkled but the skin is still intact, a print can be obtained

Figure 10.4 SKIN REMOVED FROM HAND. In these two photos, the entire epidermis of the hand has been removed intact from the body of a "floater." A fingerprint technician will be able to obtain fingerprints effectively from this fragile tissue. (From the author's files.)

Figure 10.5 SKIN FROM FINGER. This photo shows the epidermis of the finger of a deceased person. (From the author's files.)

by filling out the finger by injecting water under the skin until the finger's normal contour has been restored. The best instrument for this procedure is a hypodermic syringe with a fine needle so as not to break the skin. It is recommended that a string be tied around the finger directly above the hole after injecting the water to prevent the fluid from leaking out. Also, the point of the needle should not be too close to the skin because the pressure may break the skin.

Sometimes the skin will be so loose that it will come off the hand like a glove and can be cut away from the fingers. Each tip should be placed in a separate test tube, so as not to mix up the prints. The tubes can then be sealed with water and sent to the FBI laboratory for examination.

In certain cases, the technician can remove the skin, place it over his own finger (wearing a thin surgical glove), and "roll" the skin as if it was his finger. Another method used to obtain prints is by brushing black fingerprint powder on the fingers and removing the impression by "lifting" the print with transparent fingerprint tape. The tape is then placed on the fingerprint card in the respective box.

Remember: Once again, be careful not to mix up the fingers or prints and be sure to place the proper lift in the right box.

Figure 10.6 TECHNICIAN "WEARING" SKIN ON GLOVE. This photo depicts a technician

"wearing" the finger skin of a deceased to roll out a fingerprint. (From the author's files.)

Advanced decomposition will necessitate special lab techniques, the use of photography with side lighting to emphasize ridge patterns, and more sophisticated procedures beyond the capability of the ordinary investigator. Fingerprint impressions and finger stalls can be sent to the FBI laboratory for identification by mailing as follows:

Director

Federal Bureau of Investigation 10th and Pennsylvania Avenue, N.W.

Washington, D.C. 20537

Attention: Identification Division, Latent Print Section

Mass Fatality Events

Mass fatality events, defined as events that result in multiple deaths, happen anytime, anywhere. The apocalypse of the tsunamis in Asia, which occurred in December of 2004 after an undersea earthquake, resulted in the deaths of almost 300,000 persons, many of whom were never identified. The earthquake, which measured 9.0 on the Richter scale, stuck off the northern Indonesian island of Sumatra. It triggered 30-ft tsunamis that crashed into coastal areas in ten other countries, traveling at speeds of 500 mph. Most of the missing and presumed dead would never be positively identified due to the need for quick interment.

Although most such events result from acts of nature, such as earthquakes, floods, hurricanes, or tornados, others result from accidents, such as airliner crashes — the crash of American Airlines Flight 587 on November 12, 2001 in New York City where 265 died and the nightclub fire that occurred on February 21, 2003 in Rhode Island where 97 died are recent examples. These recent events are not isolated. Mass fatality events are common occurrences and have happened regularly throughout recorded history. California is known for its earthquakes; the two in San Francisco — 1906 and 1989 — are specific examples. New York City has also had its share of mass fatality events. Mostly women died in the 1911 Manhattan Triangle Waist Company fire and over 1000 died when the General Slocum sank in the East River on June 15, 1904.

Recently, increased terrorist activity has caught the attention of the world; the most extreme examples are the attacks on the World Trade Center in New York City where 2749 died and the Pentagon in Washington, D.C., on September 11, 2001, and the 2004 insurgent attacks in the Middle East. Other activities in the United States have been the bombing of the Federal Building in Oklahoma, which sent an uneasy ripple through the minds of Americans, and the bombing of the World Trade Center in 1993. Other countries have not been spared the activity of zealots. The downing of Flight 103 over Lockerbie, Scotland, incensed the world as did the 2004 attacks on the elementary school in Russia and the bombing of the commuter train in Madrid, Spain.

I conferred with Dr. Robert Shaler, who contributed to this section of the textbook with his expertise in mass fatality identifications. Dr. Shaler as the director of the Department of Forensic Biology for the New York Medical Examiner's Office and a nationally recognized authority on forensic DNA applications. He led the groundbreaking DNA effort to identify human remains recovered from the World Trade Center attacks. Dr. Shaler and his associate, Shiya Ribowski, P.A., M.L.I., are currently working on a textbook, titled Practical Aspects of Managing Mass Fatalities, which will be in my forensic series.

A comprehensive text that covers the essentials of mass disaster planning, implementation, and management is needed. This section will address some of the issues in mass fatality identifications and refer you to Practical Aspects of Managing Mass Fatalities for more information.

The World Trade Center Attack

The World Trade Center (WTC) attack created the largest crime scene imaginable for the authorities in New York City and all of the agencies involved. The identification process was severely hampered by the pulverizing effect of the collapse of

Figure 10.7 GROUND ZERO WORLD TRADE CENTER. This photo illustrates the extensive destruction from the collapse of the two World Trade Center towers. It also depicts the massive search and recovery operation. (Courtesy of retired Detective First Grade Kurtis Harris, NYPD Crime Scene Unit.)

the two towers as they reduced once whole bodies into mounds of dust-covered flesh and bone. Dr. Shaler points out that such mass fatality events are characterized by massive search and rescue missions that typically occur in three phases: rescue, recovery, and identification.

The rescue phase comprises life-saving endeavors in which first responders attempt to save injured victims, put out fires, and secure the crime scene. This is often a race against time, with success depending on the nature of the disaster. Early in the WTC event, it became painfully obvious that there would not be many victims rescued from the collapsed buildings. Doctors standing by emergency rooms throughout the city and preparing for triage operations as victims were brought to area hospitals soon realized their services would not be required.

Figure 10.8 BODY RECOVERY. This photo was taken at the morgue and depicts one of the few intact bodies recovered at Ground Zero. Most of the bodies were pulverized by the collapse of the two buildings. (Courtesy of retired Detective First Grade Kurtis Harris, NYPD Crime Scene Unit.)

The second phase concerns the recovery of human remains, which might be prolonged depending on the characteristics of the disaster. In the World Trade Center attack, very few bodies were found intact. Instead, the authorities were confronted with pieces of bodies comingled at Ground Zero, where the initial recovery process had begun. It soon became evident that any recovery of human remains would have to be continued off-site and away from Ground Zero. The recovery process was moved to the Fresh Kills Landfill in Staten Island, as debris from the WTC was truck loaded to barges at the Hudson River and transported to Fresh Kills.

At the Fresh Kills Landfill, the debris was spread out by machines and then separated and screened by Crime Scene Unit (CSU) personnel and other NYPD officers. The materials were then machine lifted onto conveyer belts, which led to

Figure 10.9 FRESH KILLS LANDFILL. This photo depicts the extensive search and recovery of human remains at the Staten Island Fresh Kills Landfill, where truckloads of debris from Ground Zero were brought to be processed by the NYPD crime scene personnel. (Courtesy of retired Detective First Grade John Botte, NYPD Crime Scene Unit.)

the sifting tents where the materials were again separated and screened as the crime scene investigators searched for pieces of bodies and any identifiable materials. This method was utilized throughout the landfill area. The reason for the repetition was to ensure that nothing was overlooked. If something was missed by the first screener, the second or third screener would find it. Items as small as a fingernail were recovered and properly marked and tagged for transport to the Medical Examiner's Office. The most prolonged recovery exercise was the 9 months it took to recover the victims' remains at the World Trade Center site and the Fresh Kills Landfill.

The final and most prolonged phase is the identification of the dead and the return of the remains to the families. Although the recovery efforts at the World Trade Center and the landfill lasted 9 months, the identification of the missing continues at the Office of Chief Medical Examiner after 3 years. Dr. Shaler managed this project, which, in addition to the OCME laboratory in New York, included six other laboratories. The World Trade Center event was the largest forensic identification project in U.S. history. Under Dr. Shaler's direction, the WTC effort pioneered new extraction techniques, high-throughput mtDNA testing, and autocalling software and reinvented the paradigm of forensic mass fatality testing by instituting universal mtDNA testing, SNP (single nucleotide polymorphism) panels, and miniprimer sets for short tandem repeats (STRs). The need to explore technologies other than those employed routinely in crime laboratories stemmed from the quality of the DNA being recovered from the WTC site.

Mass Fatality Considerations

Since September 2001 (9/11), governments have discussed the implications of terrorist activity with respect to their use of weapons of mass destruction (WMD).

There is a legitimate concern over the use of biological, chemical, or nuclear weapons. One chemical attack occurred in 1995 in Japan, where terrorists left punctured canisters containing low-lethal liquid sarin, a nerve gas, in a subway. The critical nature of WMD disasters is the contamination of the site and the remains. The possibility of contamination complicates the rescue and recovery efforts; before identifications can be made, the remains must go through a decontamination process.

However, whether the mass fatality event results from an act of nature, an accident, or a terrorist activity, even with WMD disasters, the final phase of the mass fatality operation requires the identification of the missing. Historically, identifying human remains after mass fatality events has relied on nonscientific methods such as examining the clothing that someone was wearing, facial recognition, and personal items, such as jewelry, found on the remains. In the Triangle Waist Company fire in 1911, for example, the bodies were laid in a row, face up. Those who had lost someone passed by the bodies, hoping to recognize a face, a necklace, or a ring — anything that would trigger recognition.

DNA Testing in the Identification of WTC Victims

As scientific methods of identification became available, more sophisticated and accurate methods have been employed. Fingerprints and dental x-rays are standard methods, and whole-body x-rays can be used to identify medical intrusion, such as finding prostheses or healed injuries. In the past decade, DNA has acquired a more prominent role in identifying human remains.

The first extensive use of DNA in mass fatality investigations was for TWA Flight 800, which crashed off the coast of Long Island in 1996 and killed 230, and for the Swiss Air Crash SR111 in Nova Scotia in September 1998, where 229 died. In each of these investigations, local crime laboratory scientists used STRs to identify the missing.

The WTC work involved the most extensive use of DNA to identify human remains. Until the WTC disaster, DNA was a secondary mode for identification. The WTC effort was characterized by an environment that propelled DNA testing into the forefront as the primary identification modality. Officially, 2749 people died and 19,916 remains were recovered and brought to the Office of Chief Medical Examiner (OCME) in New York City.

The collapsing buildings acted like huge grinding stones that pulverized and fragmented the victims as they fell. This meant that fingerprints or dental x-rays would have minimal value for making identifications; in fact, these two methods of identification accounted for the identification of only 121 missing persons. In order to identify as many as possible, the OCME decided to analyze all fragments the size of a thumb or larger. This was an important decision because it maximized the chances for identifying the missing and reassociating remains.

DNA testing allowed families to receive fragments of their loved ones for burial. Some received a single piece of tissue or bone. Other families received many fragments, and some received more than 100. Although there were many large pieces, very few were totally intact. Most remains were missing some part of their bodies.

Extensive co-mingling complicated the DNA analysis effort, and it became necessary to analyze many of the remains several times in order to sort out conflicts between tissue and bone which supposedly came from the same source but were giving different STR profiles. The largest problem for the DNA effort was the extensive decomposition of the remains, which compromised the quality of the DNA.

In order to obtain useable DNA profiles, new procedures had to be developed that had never been employed in DNA testing in mass fatality investigations. Miniplexes were developed to enhance the ability to obtain STR profiles from badly degraded DNA. SNPs and extensive mitochondrial DNA sequencing were also employed for the first time. Each of these new technologies led to identifications which otherwise would not have been made.

In January 2005, the first phase of the work began to wind down. There were 52,000 STR profiles, 45,000 mitochondrial sequences, and 17,000 SNP profiles in the OCME WTC DNA database, from which 1583 (58%) of the missing had been identified and 10,000 (50%) remains had been reassociated. DNA had been solely responsible for 842 (87% of the missing) identifications and 507 identifications in which more than one modality was involved in making the identification. Without DNA, the identification process would have stopped in May 2002, with only 736 victims identified.

The Iceman Case

Case History

On July 1, 1981, Louis Masgay left his home in Pennsylvania and headed for Little Ferry, New Jersey. Masgay, who was 50 years old, owned and operated a discount variety store. He had told his wife that he was going to New Jersey to meet a supplier who had agreed to sell him a large quantity of blank video tapes at a very good discount. He was taking the money in cash, nearly a $100,000, which he had stashed in a concealed compartment in the driver's side door of his black 1980 Ford Carry Van. The "supplier" he was going to meet was Richard Kuklinski.

Unknown to Masgay, Kuklinski was planning to rob and kill him. Richard Kuklinski was a contract killer, who eventually would admit to over 100 murders. In fact, it would be the murder of Masgay that would ultimately earn Kuklinski the title, "the Iceman."

Masgay's black 1980 Ford Carry Van was found abandoned on Route 17 North in Rochelle Park, Bergen County, New Jersey. The family was sure that something terrible had happened. The cab was locked, and the police had to break in to move it. Police found that the primary gas tank was empty, but the secondary tank was full, leading them to suspect that whoever was driving the van did not know how to engage the reserve tank. A hidden compartment in the driver's side door was also discovered, but it was empty.

In September 1983, a body was found in a wooded area off Clauseland Mountain Road in Orangetown, New York, 3 miles north of the New Jersey border. The body was taken to the office of the Rockland County Medical Examiner, where the chief medical examiner, Dr. Frederick Zugibe, performed the autopsy.

Figure 10.10 ICEMAN CASE. Photos depict the condition of the body found in September 1983 in a wooded area off Clauseland Mountain Road in Orangetown, New York. The body was taken to the office of the Rockland County Medical Examiner, where the chief medical examiner, Dr. Frederick Zugibe, performed the autopsy. (Courtesy of Dr. Frederick Zugibe, chief medical examiner, Rockland County, New York.)

The body had been carefully trussed with tape and then wrapped in 15 to 20 plastic garbage bags, a task that must have taken some time and effort, Dr. Zugibe noted. One arm was taped to the body, but the other had apparently come loose during the wrapping. This hand was less protected than the other, and it had dried out. In effect, the hand was mummified.

As the final layer of plastic was removed, Dr. Zugibe saw that decomposition was advanced and that the flesh was greasy. The color of the man's skin was putty beige. There was a single bullet wound in the back of the head.

When he opened up the body, Dr. Zugibe noticed something very peculiar. The body was not distended and the organs were less decomposed than the outside of the body. Decomposition had started from the outside, which is the reverse of the normal process. Checking the heart muscle, he discovered ice crystal artifacts, which supported his imme-

Figure 10.10 Continued.

diate suspicion that the body had been frozen, perhaps by a killer whose intention was to disguise the time of death. Had the murderer dumped the body in the early spring, the time of death might have been completely disguised and Dr. Zugibe probably would have concluded that this was a recent killing.

Dr. Zugibe's Medical Evaluation

During an investigation of illegal dumping, several plastic bags were found along a mountain road in September of 1983. One bundle appeared suspicious because it contained an object suggestive of a body. X-rays of the bundle at the medical examiner's office confirmed the presence of a human body with radiopaque objects noted within the skull. Careful unwrapping revealed that the body was wrapped in about 20 consecutive layers of plastic garbage bags and rope. The inner layers appeared older than the outer layers and each bag was taped with 2-inch wide plastic tape and tied with small segments of clothesline rope in between each layer of plastic.

The body appeared to be markedly decomposed but without any discernible distention or bloating. It emitted a peculiar, foul odor not representative of the usual odors associated with decomposition. The surface of the body appeared to be very greasy in consistency. In contrast, there was significantly less decomposition internally than externally with no significant distension of the gut and fair preservation of the viscera. The head region, however, showed a greater degree of decomposition than the rest of the body. A contact-type entrance bullet hole was present in the left occipital-parietal region and a fracture emanated from the bullet hole and extended for a distance of 10.5 cm. into the parietal bone. The brain was liquified. A lead bullet and two large bullet fragments were found in the cranial cavity.

Information for identification purposes was tabulated that included anthropomorphic findings, odontological charting, physical characteristics, unusual characteristics, clothing, shoe size, jewelry, glasses, and fingerprints using a special technique developed by this office for securing fingerprints from mummified bodies.1 Dr. Zugibe was able to rehydrate the fingers by using a chelation technique based on an entirely new process. He used disodium ethylenediamine tetracetic acid in a detergent solution adjusted to a pH of 7.5 and obtained the fingerprints that identified the body as that of Louis L. Masgay.

Forensic Evaluation

According to Dr. Zugibe, the peculiar decomposition with the external aspects of the body markedly more decomposed than the visceral aspects and with no intestinal or tissue distension suggested that the victim may have been frozen for a period of time. Freezing would kill or alter the growth pattern of enteric flora, and the external aspects of the body would be the first to thaw and therefore be directly exposed to microorganisms from outside the body. The head region showed more decomposition than the rest of the body because the bullet hole to the head would allow entrance of organisms from the outside. Moreover, if the body had indeed been frozen, the head may have decomposed more rapidly because of rapid thawing due to its small size. Tissue sections were evaluated for the presence of ice crystal artifacts in an attempt to confirm the impression that the body may have been frozen prior to dumping.

Figure 10.11 MYOCARDIUM ICE CRYSTAL ARTIFACTS. Myocardium showing ice crystal artifacts. Note the nuclear distortion (black and white arrows) and vacuoles and spaces around the nuclei (arrow heads) and between the fibers (black arrows). (Courtesy of Dr. Frederick Zugibe, Chief Medical Examiner, Rockland County, New York.)

Dr. Zugibe's careful examination of the heart muscle sections revealed features suggestive of ice crystal artifacts. According to Dr. Zugibe,

This preliminary hypothesis was met with skepticism by other law enforcement agencies. However, we pursued our suspicions by carefully laundering all of the clothing of the deceased and meticulously describing each item, including color, size, style, brand labels, etc. so that in the event that he was successfully identified, they could be compared with the clothing he was reportedly wearing when he was last seen alive (Personal interview, 1995).

The body was subsequently identified as Louis Masgay, Sr. from Forty Fort, Pennsylvania, who was last seen alive about 21/4 years prior to his death. A comparison was then made of the clothing found on the victim's body with a description of the clothing that Masgay was wearing when he had left home on July 1, 1981, with a large amount of money to meet a Mr. Richard Kuklinski to buy video tapes. He was never seen again. This appeared to confirm Dr. Zugibe's suspicions that he was frozen for over 2 years prior to the dumping of his body.

This hypothesis was fully corroborated almost 3 years later, when the Rockland County medical examiner was contacted by the New Jersey Attorney General's Office that they had a suspect named Richard Kuklinski in connection with a series of homicides, which included the Masgay case. Dr. Zugibe stated,

They were greatly impressed by our conclusion that the victim had been frozen because one of their informants, a convicted murderer who was unaware of our findings, in exchange for certain personal requests, provided them with a sworn statement that he had observed a body hanging in a freezer compartment within Richard Kuklinski's North Bergen warehouse. Moreover, a taped conversation of Kuklinski by an undercover agent wearing a wire reaffirmed that the body had been frozen and afforded the impression that Kuklinski had fooled the authorities. Our case was responsible for Kuklinski being dubbed the "Iceman," although this was the only victim that he purportedly froze (Personal interview, 1995).

The Teeth

Dentition provides an excellent means of identification, especially when antemortem records and x-rays of the deceased are available for comparison. Forensic odontology — the scientific application of dentistry to legal matters — has become a viable asset to the law enforcement community. Today, many forensic odontologists are trained to respond to the needs of law enforcement officers, the legal profession, and forensic pathologists.

Forensic odontologists work on problems involving identification, bite marks, and dental and oral injuries. In addition, they are invaluable in the identification

Figure 10.12 NORMAL ANATOMIC POSITION OF TEETH AND JAWS. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.) of bodies in mass disasters, where the only semblance of human remains may be a jaw fragment, shattered teeth, or broken dentures. During the World Trade Center search and recovery mission, many forensic odontologists, as well as other dentists trained in identification of human remains, participated in the painstaking efforts to identify victims of this despicable attack.

As a result of modern dental procedures involving restoration such as tooth capping and root canal work, dentists have made extensive use of x-rays and molds, both of which are accurate records of oral anatomy. Fillings and caps are highly individual, and jawbone construction provides information based on certain anatomical landmarks that never change in an individual.

Practically speaking, in cases where the remains have been badly mutilated or burned, are in advanced putrefaction, or have been submerged in water for a long period of time, etc., the possibility of obtaining any fingerprints of value is quite remote. This is where the forensic odontologist can be of assistance. Using powerful cameras, x-rays, and medical records, he or she can, through examination of the dentition and jawbones of the deceased, provide the investigator with positive identification as well as bite-mark identification. In addition, the forensic odontologist can provide information about the deceased, including age, general facial characteristics, race, socioeconomic group, occupation or habits.

Age

The eruption of teeth in the human body is a relatively predictable process during the early years of growth. The forensic odontologist can provide a rather accurate estimate of ages of persons under 14. The first teeth, referred to as baby teeth or deciduous teeth, make their appearance from 7 months to 2 years. The loss of these baby teeth and the eruption of the first permanent molars begin at approximately 5 years of age and continue into the early teens. The forensic odontologist relies

Figure 10.13 IDENTIFICATION HUMAN REMAINS. In this particular case, the badly charred and burned remains of the victim of a kidnapping and rape–murder were found in a wooded area. Although the authorities believed they had found the missing victim, they would require the services of a forensic odontologist to assist in providing positive identification based on dental records. (From the author's files.)

on the wear patterns for victims past age 14. As a general rule, the older a person becomes, the more his or her teeth show evidence of wear, dental repair, and gum recession. Using microscopic and radiological (x-ray) examination of dentition, the forensic odontologist can estimate the age of an adult within 5 years' accuracy. Estimates of age for the prepubertal child can be calculated within 6 months by examining the stage of development of the permanent tooth buds.

General Facial Characteristics

By comparing certain aspects of the configuration of teeth and jaws, a forensic odontologist can roughly determine the shape of the face. According to certain experts, there are three basic shape formations: square, tapering, and ovoid. These computations, however, are not infallible and are subject to different interpretations.

An importance factor used in arriving at facial contour is position; the lower front teeth fit inside the upper front teeth and are in direct contact with the upper teeth. The exceptions to this rule can help in identifying facial features. The following are possible conditions:

1. Teeth are in normal anatomical position.

2. Overbite: in this case, the lower teeth fail to meet the upper front teeth because of a protruding upper jaw. This results in an overprominence of the upper jaw, accompanied by an underprominence of the lower jaw, resulting in a receding chin. This is commonly referred to as the "Andy Gump" look.

Figure 10.14 TRUCK WRECK — BODY BURNED. This photo depicts an individual killed in a tractor–trailer wreck, which occurred as a result of fog on I-40. Five people were killed in this accident and this individual was burned beyond recognition. (Courtesy of Kevin M. Dugan, DDS, forensic odontologist, North Little Rock, Arkansas.)

3. Prognathic: in this case, the lower teeth protrude beyond the upper teeth. The lower jaw and chin are excessively prominent. This is referred to as the "Fearless Fosdick" look.

It should be noted that there are operations whereby these abnormalities can be corrected, resulting in drastic changes in profile. These procedures are known as orthognathic surgery.

Race

The forensic odontologist can sometimes determine the race of the deceased by examination of the jawbones and teeth. Certain anthropological traits exist within races which make such a determination possible. However, with mixed races, it is extremely difficult. From a practical point of view, the investigator would obtain a more definite determination from the physical anthropologist, who may even need to use a computer.

Socioeconomic Group

The socioeconomic group and relative economic status of a person may be estimated by the quality of dental treatment he or she obtained in life. The forensic odontologist bases his determination on the general oral hygiene of the deceased and the manner and type of dental restoration. For instance, missing teeth which have not been replaced, unfilled cavities, and a generally poor dentition would indicate a low economic status. Conversely, gold inlays, root canal work, and prostheses such as well-made bridgework and dentures would indicate that the individual was able to afford good dental treatment. Expensive dental work is easily observed by the odontologist during examination.

Occupation or Habits

In some instances, habits of the deceased which have caused dental change will be noted during a forensic examination. For example, holding nails between the teeth, which is a habit of carpenters, or playing certain musical instruments, such as the trumpet, causes a distinctive type of wear which may provide a clue to the occupation. Furthermore, habits such as holding a pipe between the teeth or long-time cigar smoking will be evidenced by wear patterns and heavy tar accumulation.

Positive Identification

Practically speaking, this is the most valuable information that can be learned from an examination of the teeth. Forensic odontology is probably the most effective means available to the investigator for arriving at a positive identification in cases where fingerprints are unobtainable or no matchable fingerprints of the deceased are on file.

It should be noted that no two sets of teeth are exactly alike. A full complement of teeth is 32. Each tooth has five surfaces, with various fissures and grooves. The arrangement of the teeth within the jaw is different for each person. In addition, individual differences are present in the arch of the palate and the mode of occlusion (bite). If one adds to these the individual physiological differences, the many types of dental operations, such as caps, fillings, root canal work, crowns, dentures, prostheses, and other surgical procedures, one realizes that the teeth are quite distinctive. In fact, teeth have literally thousands of identifying characteristics.

Modern equipment used by dentists today, specifically the high-speed, airdriven handpiece, has allowed them to undertake many more sophisticated dental treatments and operations. These advanced procedures have created the need for comprehensive dental examinations involving x-rays and molds of teeth, both of which are highly accurate and individualized. In addition, all dentures have manufacturers' brands that may be traced to a specific dental laboratory in a specific area. In some instances, the dentist will personalize the appliance by engraving the patient's name or social security number on the denture. When attempting to identify an edentulous (toothless) person, the forensic odontologist will take an

(A)

(B)

(C)

Figure 10.15 TRUCK WRECK — DENTAL X-RAYS. (A) (B) Antemortem x-rays of victim's teeth. (C) Postmortem x-ray taken at morgue. (Courtesy of Kevin M. Dugan, DDS, forensic odontologist, North Little Rock, Arkansas.)

Figure 10.16 ENGRAVED DENTURE. This denture has been engraved by the dentist. The denture, along with antemortem records, led to the identification of a victim who had been kidnapped from the Bronx and slain in Nassau County. (Courtesy of Leslie Lukash, MD, forensic pathologist.)

impression of the palate and upper arch because the palate's anatomical form and characteristics are also distinct. In addition, even an old denture may prove useful in identification procedures. If the investigator can locate this denture, it can be examined by the odontologist. Many people are like "pack rats" and save even the most useless articles and so too do wearers of dentures. Often, an investigator who needs to locate an old denture for identification purposes will be surprised to find two or three such appliances.

Military service and private and governmental insurance programs have made dental services available to most of our population. Comprehensive dental examinations are mandatory prior to treatment, so a wealth of dental information on our citizens is now in the hands of the dental profession, insurance companies, and government agencies.

If the investigator can locate the dental records of the deceased, the forensic odontologist can make an absolute and positive identification. For this reason, experts in the field of odontology recommend the data banking of dental information by computer. This knowledge would certainly aid in the identification of unknown homicide victims and greatly assist in the tremendous job of identifying bodies in mass disasters.

Bite-Mark Identification

This particular phase of forensic odontology will be discussed in more detail in another section. (See "Bite-Mark Identification" in Chapter 20.) However, as a practical matter, the investigator at the scene of a homicide in which teeth have been used as a weapon or the body indicates that the murderer may have assaulted the victim by inflicting bite marks must view these wounds as evidence. Bite marks are specific to the person who has inflicted them. In addition, saliva washings should be obtained for later serological comparison. It is important to note, however, that these washings must take place before the lapse of too much time.

I recommend that the investigator obtain photos of these marks using the Polaroid Close-Up Kit, which includes the Spectra 1200si camera, to produce 1:1 copies or a 35-mm camera with color film. Side lighting is sometimes useful to accent the marks. In addition, a scale should be included in the photo to assist the experts in their later examination and comparison of the bite marks and evaluation of any impressions obtained from possible suspects.

Inquiries Relative to Forensic Odontology

Investigators may request information or obtain the location of an odontologist within their specific geographic area from a national organization of forensic odontologists. The Web site address is http://www.abfo.org/

The American Board of Forensic Odontology, Inc. c/o The Forensic Sciences Foundation, Inc.

P.O. Box 669

Colorado Springs, CO 80901-0669 (719) 636-1100

The Bones

The examination of skeletal remains by a physical anthropologist can provide certain basic classifications, which may assist police in determining the identity of the deceased. Depending upon the completeness and condition of these skeletal remains, the forensic examination can supply the age of the deceased at the time of death, as well as his or her sex, race, height, and other individual characteristics such as rightor left-handedness, overweight or underweight, well or poorly developed musculature, and prior bone injuries. The examination can also determine the cause of death in certain cases and ascertain whether the bones are human or animal.

Estimates of age, sex, race, and stature do not provide positive identification of an individual. However, they become an integral part of the identification process when compared with unique characteristics and matchable records of the deceased made in life. Examples of records which would yield positive identification are medical records (operations, births, amputations, etc.), dental records, and antemortem x-rays.

Armed with the information provided by the anthropologist's examination of skeletal remains, the investigator now has a general description of the deceased, which can be compared with missing persons reports, registered ownership records if property is involved, and official records.

Age

A trained radiologist and physical anthropologist can provide an estimate of age, based on skeletal remains, which ranges from somewhat unpredictable to considerably accurate depending on the age of the deceased. After age 30, the reliability of the formulas used by scientists to gauge age decreases, and tooth structure gives a better estimate of age than do the gross bones.

Figure 10.17 HUMAN SKULL — SKELETAL REMAINS. Skeletal remains of a body found outdoors. (Courtesy of Dr. Leslie I. Lukash, Chief Medical Examiner, Nassau County, New York.)

Anthropologists use formulas based on the epiphyses of bones (the stage of uniting of bones, a condition which varies with age) to make their determinations. Basically, science has determined that the bones develop from small areas known as ossification centers. These centers produce calcium and other minerals, which are deposited to form bone. Many of the ossification centers start their production during the early months of fetal life; others do not completely finish producing bone until the early 20s. Anthropologists have worked out a series of formulas to estimate age based on the appearance of these different ossification centers. X-ray examination can determine age up to 25 years with considerable accuracy.

Another determining factor in estimating age is the skull, which is composed of several curved bones joined together along irregular lines called sutures. As an individual approaches his early 20s, these sutures begin to fill up with bone and close. This process continues with age and follows a distinct pattern. Anthropological studies of these patterns resulted in the establishment of a formula whereby

Figure 10.18 LONG BONE STRUCTURE. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.) scientists could determine the age of an individual by examination of the skull. Suture closing, however, is not as reliable as first predicted. Instead, scientists have developed a new scheme, which yields an estimate of age and an error of estimate. Most estimates of age for remains of persons between 30 and 80 years of age are given in 7- to 10-year brackets.

The pelvic bone can also be used to determine age. Various changes in the structure of the bone occur within approximately 5-year intervals.

In addition, some studies indicate that calcification begins in the cartilages of the larynx and ribs at about 55 years of age and that males in the age bracket of 35 to 40 show a presence of arthritic lipping in certain joints, especially in the vertebral column. At present, research is being conducted on calculating age based on spectrographic evaluation of bone particles, a procedure still under evaluation.

Although the criminal investigator need not comprehend the technical aspects of these anthropological computations, he would do well to be aware of their value in the identification process.

Figure 10.19 MALE AND FEMALE PELVISES. The pelvis bone is the most accurate indicator of sex. If you look closely at the two drawings, you may observe the different structure between the male and female pelvises. Of course, to the trained eye of the anthropologist, the differences are readily discernible. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)

Sex

If an anthropologist has the whole skeleton to examine, sex can be determined with 90% accuracy. Male skeletons are larger than female skeletons, and the bone surfaces of the male are rougher than those of the female. The pelvic bone, however, is the most accurate indicator of sex. Because the female pelvis is designed for childbearing, its difference is readily observable to the trained eye of the anthropologist. Scars of parturition on the pelvic bone not only help to determine sex, but can also provide evidence that the deceased has borne one or more children. In addition, anthropologists now have a variety of metrical techniques, such as the ischiumpubis index, to assist them in determining sex.

Race

Through the application of sophisticated statistical procedures to skull dimensions, anthropologists can now determine the race of the skeletal remains. Because of the number of mixed racial heritages in this country, the variables are considerable and a computer is often used to sort out all the information. Determining the race of an individual utilizing the skull is almost without error. However, without the skull, the possibility for error drastically increases.

Height and Other Individual Characteristics

In determining height, several different formulas have been devised based on the measurement of the long bones. The most accurate method is based on the measurement of the long bones compared with a simple table. Although there is some slight variation in different races, the height can, in general, be determined within an inch of accuracy.

The anthropologist can determine whether the person was overweight or emaciated and, by examining the muscle attachments to the bone, whether the remains are from a muscularly well-developed person. In addition, the skeleton reveals whether the person was right- or left-handed because the bones of the dominant arm are slightly longer. Certain characteristics of the scapula (shoulder blade) and clavicle (collarbone) also help to determine handedness.

The bones will readily indicate whether there has been past trauma such as a fracture. If antemortem x-rays can be obtained, this information will provide positive identification of the deceased.

Determination of Cause of Death

In some instances, the bones will readily reveal the cause of death. For instance, the skull is most likely to yield important evidence of direct violence in gunshot cases or direct blunt force injuries. The penetration of a bullet through the skull will be easily recognizable from its telltale pattern. Likewise, evidence of injuries to the skull or other bones by a hammer, crowbar, or other weapon will be evident upon examination. In addition, if a person died as a result of one of the metallic poisons, the poison can still be extracted from the bones years later.

Determination of Whether Bones Are Human or Animal

The first two questions in identifying unknown skeletal remains are (1) Are they human? (2) Is more than one person or animal represented? A complete human skull is readily identifiable as human. However, the investigator may be confronted with pieces of broken jaw, bone fragments, teeth, or other parts of a skeleton. Practically speaking, law enforcement personnel should consider all pieces of a skeleton human until experts determine otherwise. For example, parts of bear paws are misidentified more often as human than parts of any other animal.

In addition, many animal skeletons lacking the telltale skull have been thought to be those of a small child. I remember one incident in the South Bronx that confused the police. A body of an apparently nude, decapitated male was found lying in the gutter. The body weighed about 300 pounds. The case was reported as a "possible homicide." Although this was not a skeleton, I bring this case to your attention because upon medical examination at autopsy it was determined to be the body of a full-grown skinned gorilla!

Often bones or remains can fool people. Therefore, it is imperative that the investigators suspect each case to be human until proven otherwise.

Examination of Bones

The examination of the bones should be performed by the forensic experts, particularly the physical anthropologist, radiologist, and forensic odontologist. Although this phase is beyond the skill of the criminal investigator, it is the investigator who will set the stage for the successful evaluation of this evidence by following certain preliminary procedures. These include photographing and sketch-

Figure 10.20 FORENSIC EXAMINATION OF SKELETAL REMAINS. These cremains were of a victim cremated by her ex-husband in a crematorium. They were placed in anatomical order by the forensic anthropologist, who came to the following conclusions: the bones were those of a white female, approximately 32 years old, who weighed approximately 100 pounds and had given birth within the last 5 years. (Courtesy of Major John Dotson, formerly with

Wichita, Kansas, Police Department. Presently chief of police, Sparks, Nevada.)

Figure 10.21 HUMAN HANDS OR BEAR CLAWS? This photo illustrates the difficulty in making a determination of whether the bones are human or animal. These remains are actually bear claws that resemble human hands. (From the author's files.)

ing the remains before moving them, consulting with the medical examiner and anthropologist for any instructions, and if there is more than one skeleton, keeping the parts separate and assigning them consecutive numbers.

Facial Reconstruction

Facial reconstruction from the skull is a method sometimes used in forensic anthropology to identify skeletal remains. In fact, according to Dr. Harry L. Shapiro, who was curator emeritus of the Anthropology Department of the American Museum of Natural History, facial reconstruction is a procedure that has been used for years by anthropologists to recreate general physiological features of an individual based on information derived from skeletal remains. Although the physical anthropologist can arrive at an osteobiography of an individual based on the examination of the bones, Dr. Shapiro is quick to caution the investigator that determination of individuality based on these findings is subject to error. As he points out in his own reconstruction of a skull called the "Peking Man," the reconstruction is an approximation of what a general or nonspecific Peking man looked like.

Doctor Shapiro contends that arriving at an individual or specific face based on examination of the skull and bones leaves too much margin of error because the soft-tissue features — such as shape of eyelids, mouth width, lip thickness, lower part of the nose, and ears — are not necessarily indicated by the skull's shape. However, a relatively new process of facial reconstruction combines the science of anthropology and artistic judgment based on anatomical knowledge and experience. It is called forensic sculpture.

Forensic Art

Introduction to Forensic Art

According to Karen Taylor, the author of Forensic Art and Illustration, "Forensic art is any art that is of a forensic nature; that is, art used in conjunction with legal

Figure 10.22 FORENSIC ART. (Courtesy of Karen T. Taylor.)

procedures." Ms. Taylor adds, "Forensic art is any art that aids in the identification, apprehension, or conviction of criminal offenders, or that aids in the location of victims or identification of unknown deceased persons."2

Ms. Taylor, a freelance portrait artist, worked for 18 years as a forensic artist at the Texas Department of Public Safety in Austin. Ms. Taylor taught forensic art at various law enforcement institutions, including the FBI, as well as in medical schools in the U.S. and Canada. She graciously contributed the information and material in this section, which has been revised, updated and redefined to reflect the advances and changes since the previously published "Facial Reconstruction" and "Forensic Sculpture" in the first three editions of this book.

I met Karen Taylor through Ms. Betty Gatliff, a forensic sculptor and contributor to my first edition of Practical Homicide Investigation. Ms. Gatliff is a former medical illustrator who has developed, taught, and practiced forensic sculpture at her freelance studio, SKULLpture Lab, in Norman, Oklahoma. She is internationally recognized for her expertise in this field. Ms. Gatliff and her associate, Dr. Clyde C. Snow, a physical and forensic anthropologist, pioneered the sculptural technique that has come to be known as the American method of facial reconstruction from the skull. Karen Taylor, who learned the sculptural method from Gatliff in the early 1980s, is credited with development of the twodimensional or drawn method of facial reconstruction based on Gatliff's American method.

Both artists emphasize that forensic art is a collaborative effort, which may involve the multidisciplinary expertise of professionals in various fields such as

Figure 10.23 COMPOSITE IMAGERY, HAND-DRAWN. Composite drawing by Karen T.

Taylor based on a victim's verbal description (left) and photo of suspect identified (right).

(Courtesy of Karen T. Taylor and the Texas Department of Public Safety.)

anatomy, biology, anthropology, psychology, pathology, forensic dentistry, or other disciplines.

Four Categories of Forensic Art

In her textbook, Forensic Art and Illustration, Taylor has defined four areas of concentration, each of which encompasses several subcategories. Art from any of the four categories may be useful in homicide investigations, though the fourth area of specialization, reconstruction and postmortem identification aids, is emphasized in this volume.

1. Composite imagery. Graphic images made up from the combination of individually described component parts. This may include full body drawings or object/evidence drawings.

2. Image modification and image identification. Methods of manipulation, enhancement, comparison, and categorization of photographic images. This may include age progressions of missing children or fugitive updates of longterm missing offenders.

3. Demonstrative evidence. Visual information for case presentation in court as trial displays. Trial displays may be two dimensional, three dimensional, or electronically generated.

4. Reconstruction and postmortem identification aids. Methods to aid in the identification of human physical remains in various conditions.

Figure 10.24 COMPOSITE IMAGERY, COMPUTER GENERATED. Composite developed electronically on Likeness software (top) and photo of subject (bottom). The face depicted is that of the author and was not made from memory. (Courtesy of Rarified Media through Karen Taylor.)

Figure 10.25 CHILD AGE PROGRESSIONS. Hand-drawn age progression based on photograph of a male child at 2 1/2 years of age (upper left), projecting the appearance to 18 years of age (upper right). Photo of the young man when located at age 18 (lower left) and age progression with facial hair added (lower right). (Courtesy of Karen T. Taylor and the Texas Department of Public Safety.)

Figure 10.26 FUGITIVE UPDATE. Hand-drawn fugitive update based on a poor-quality photocopy of subject (left), projected appearance after 15 years (center), and subject after capture when aired on America's Most Wanted (right). (Courtesy of Karen T. Taylor and the Texas Department of Public Safety.)

Forensic Art in Identification of Human Remains

One of the most unpleasant and complicated tasks for law enforcement personnel is dealing with deceased bodies for which no immediate means of identification can be found.

Based on the condition of a particular body, the forensic artist must decide which of several methods is the logical approach to aid with identification. The primary purpose of forensic art done in unidentified deceased cases is to attach a name to the body, which can then lead to a legally valid positive identification. The artwork is intended to provide a link between an unidentified person and the records needed to positively identify him or her. Although there are jurisdictional variations, most authorities agree that legally acceptable positive identification is derived by one of the following means: visual identification, fingerprint comparison, dental comparison, comparison of radiographs, or DNA comparison. Possible art methods include the following.

Postmortem Drawing

Postmortem drawing is a method of forensic art done when bodies are in good enough condition for the artist to develop a reasonable facial likeness based on morgue or crime scene photographs or by viewing the actual body.

Forensic artists who undertake unidentified deceased cases must gain a general understanding of the physical and biochemical changes that occur after somatic death or death of the body. These taphonomic changes and their specific effects on the human face are described in Karen Taylor's textbook, Forensic Art and Illustration.

Photographs of the deceased and pertinent information gained from the autopsy or other scientific reports should be provided to the artist. It may be useful to include crime scene photos and morgue photos. Ideally, frontal and lateral views of the deceased's face are photographed and a scale or ruler is included. The scale should be placed perpendicular to the camera lens so that it can be accurately read. Close-up documentation of other details such as dentition, scars, or tattoos may allow the artist to include these features accurately in the forensic artwork.

Figure 10.27 POSTMORTEM DRAWING. Oblique morgue photo of unidentified homicide victim (left), postmortem drawing by Karen T. Taylor (center), and life photo after identification

(right). (Courtesy of Karen T. Taylor and the Texas Department of Public Safety.)

As a result of climatic and situational factors, human remains are found in a variety of physical conditions. Postmortem drawings may be prepared from intact or relatively intact bodies. Such drawings may not be possible, however, in cases of severely damaged bodies or those in advanced stages of decomposition. In instances of semiskeletal or totally skeletal remains, a method of reconstructing the face from the skull may be indicated.

Two- and three-dimensional approaches have proven successful. In some cases, one may by choose one method over another method, or the artist may simply prefer or have greater skill in a particular method. Each reconstruction type is explained and illustrated step by step in Forensic Art and Illustration. The book and the Web site (www.karenttaylor.com) contain numerous photos of successful identifications using these techniques.

The drawing and the sculptural methods of facial reconstruction depend upon scientific input, particularly from the forensic anthropologist. First, the anthropologist examines the skull to determine sex, race, and approximate age. This information is important because the depths of the soft tissues of the face are different in males and females and in the three major racial/ancestral groups: Mongoloid (Asian-derived populations), Caucasoid (European-derived populations), and Negroid (African-derived populations).

The anthropologist also looks for evidence of individual anatomical peculiarities, diseases, or injuries that could influence a person's facial features during life. Items of clothing or jewelry found at the scene may be clues to the individual's body weight in life. Care should be taken at the scene to recover all teeth present and any available hair specimens. These items should be provided to the forensic artist. Armed with the anthropological information, the forensic artist draws or sculpts the face using anatomical knowledge, artistic judgment, and experience.

Two-Dimensional Facial Reconstruction from the Skull

The technique of two-dimensional facial reconstruction from the skull is a method of forensic art used to aid in identifying skeletal remains. Ideally, the artist and anthropologist collaborate to construct the facial features of the unknown individual on the basis of the underlying cranial structure.

Extremely fragile skulls may not be strong enough to bear the weight of clay for a sculptural reconstruction. In such cases, particularly if the damage is in the facial area, a two-dimensional approach may be taken. A plus with the drawing approach is that it is somewhat less expensive, and the skull is left uncovered so that it is available for other types of analyses to be conducted. With the drawing approach, it is also easy to alter the hair, facial hair, or eye color using acetate overlays without having to purchase wigs or prosthetic eyes.

Two-dimensional facial reconstruction follows the same preparatory steps by the artist as those for the three-dimensional method. These include

Receipt of the skull as evidence

Gathering case information and scientific input

Figure 10.28 TWO-DIMENSIONAL FACIAL RECONSTRUCTION. Skull of unidentified homicide victim (upper left), two-dimensional facial reconstruction by Karen T. Taylor with skull visible beneath (upper right), two-dimensional facial reconstruction (lower left), and subject identified (lower right). (Courtesy of Karen T. Taylor and the Texas Department of Safety.)

Preparing and protecting the skull

Gluing the mandible to the cranium

Cutting and applying tissue depth markers based on race and sex according to anthropological studies

Then, the skull is photographed at a scale of 1:1, face-on and in profile. Semitransparent paper is then taped over the top of the photos and the forensic artist draws the victim's face on this, using the tissue markers as a guide. The artist uses various anatomical formulas for determination of the individual features such as eyes, nose, and mouth. Facial expression may also be added to give an element of life to aid in recognition.

Three-Dimensional Facial Reconstruction on the Skull

Facial sculpture — synonymous with facial or skull reconstruction, restoration, approximation, and reproduction — is a method of forensic art used to help identify skeletal remains. As with the drawn reconstruction method, the artist and

Figure 10.29 THREE-DIMENSIONAL FACIAL RECONSTRUCTION. Skull of unidentified homicide victim (left), lateral view of three-dimensional facial reconstruction by Betty Pat Gatliff (center), and subject identified (right). (Courtesy of Karen T. Taylor and the Texas Department of Public Safety.)

anthropologist collaborate to construct the facial features of the unknown individual on the basis of the underlying cranial structure.

Three-dimensional reconstruction offers the advantage of viewing and photographing the sculpture in multiple views. In addition, actual items recovered at the scene with the skeletal body, such as eyeglasses, dentures, jewelry, hair accoutrements, or clothing, may sometimes be placed directly on the finished sculpture for photography.

If an extremely fragile skull is to be reconstructed sculpturally, it would first have to be painstakingly molded and cast in a stronger material and then sculpted.

The preparatory steps described for two-dimensional reconstruction are performed. Once the tissue depth markers are in place, the forensic sculptor develops the facial features in a step-by-step manner based on anatomical formulas and bony clues. Hair can be sculpted on or a wig chosen based on any recovered hair specimens. The finished sculpture is photographed in multiple views and distributed to the media or in law enforcement bulletins in hopes that it will be recognized.

Methods of Superimposition

Another possible aid for use in the identification of skeletal remains may be a method of superimposition. This could be indicated in situations where skeletal bodies are found and there is possibly a matching missing persons' record. If no dental or other radiographic records exist for ready comparison of the body and the missing person, a facial morphological comparison may be made. This is usually done as a team effort involving an anthropologist and possibly a forensic artist.

Photos of the missing person are compared in an overlay manner with images of the unknown skull. This has been done by photographic, video, or computeraided means. Such comparisons include several critical variables, including positioning, size, distortions, features to be used for comparison, and the defining limits for concluding a possible match or exclusion. Though superimposition is not usually considered a means of determining positive identification, it has other benefits. A favorable comparison may be an economical way to suggest that further tests, such as mitochondrial DNA comparison, are indicated.

Taylor and Gatliff caution investigators to choose forensic artists carefully. Artists should be prepared to show examples of their previously successful cases because forensic art is a specialty that requires an anatomical foundation and is very experienced based.

Conclusion

The identification of the deceased is obviously critical to the overall success of the homicide investigation. The same principle that applies to estimating time of death, however, applies to determining the identity of the deceased: the "fresher" the body is, the better are the chances.

The normal methods of identification, such as informational sources found at the scene, photographs, and fingerprints, can be performed by the investigator. The more technical aspects of identification involving radiological examination, DNA, forensic odontology, and physical anthropology require the assistance of scientists and experts from various fields. The homicide investigator does not need to possess the expertise of these scientists, but he or she should have a working knowledge of their availability and potential for determining the identity of the deceased.

References

1. Zugibe, F.T. and J.T. Costello. "A New Method for Softening Mummified Fingers." Journal of Forensic Sciences, 31(2), April, 1986.

2. Taylor, K.T. Forensic Art and Illustration. Boca Raton, FL: CRC Press, 2001.

Selected Reading

Angel, J.L. "Bones Can Fool People." F.B.I. Law Enforcement Bulletin. January, 1974.

Bruno, A. The Iceman: The True Story of a Cold-Blooded Killer. New York: Delacourte Press, 1993.

Camps, F.E., Ed. "Identification by Skeletal Structures." In Gradwohl's Legal Medicine, 2nd ed. Baltimore: The Williams & Wilkens Company, 1968, pp. 123–154.

Fisher, B.A.J., A. Svensson, and O. Wendel. Techniques of Crime Scene Investigation, 7th ed. Boca Raton, FL: CRC Press, 2004.

Gatliff, B.P. and C.C. Snow. "From Skull to Visage," The Journal of Biocommunication, 1979.

Geberth, V.J. Practical Homicide Investigation: Tactics, Procedures, and Forensic Techniques, 3rd ed. Boca Raton, FL: CRC Press, 1996.

Kochevar, I.E., M.A. Pathak, and J.A. Parrish. "Photophysics, Photochemistry, and Photobiology." In Dermatology in General Medicine, Textbook, and Atlas, 3rd ed. Fitzpatrick, T.B. et al., Eds. McGraw–Hill Book Co.: New York, 1987, pp. 1441–1151.

Krogman, W.M. The Human Skeleton in Forensic Medicine. Springfield, IL: Charles C Thomas, 1962.

Levine, L.J. "Forensic Odontology Today — A New Forensic Science." F.B.I. Law Enforcement Bulletin, August, 1972.

Levine, L.J. et al. "The Use of Dental Characteristics in the Identification of Human Remains." Oral Surgery, Oral Medicine, Oral Pathology, 35, 1973.

O'Hara, C.E. Fundamentals of Criminal Investigation, 5th ed. Springfield, IL: Charles C Thomas, 1980.

Shapiro, H.L. "Forensic Anthropology." Annals of New York Academy of Sciences. Curator emeritus American Museum of Natural History, New York. Personal interviews.

Snyder, L. Homicide Investigation, 3rd ed. Springfield, IL: Charles C Thomas, 1977.

Stewart, T.D. Essential of Forensic Anthropology. Springfield, IL: Charles C Thomas, 1979.

Stewart, T.D., Ed. "Personal Identification in Mass Disasters." Washington, D.C.: Smithsonian Institution, 1970.

Taylor, K.T. Forensic Art and Illustration. Boca Raton, FL: CRC Press, 2004.

"What the Bones Tell Today." F.B.I. Law Enforcement Bulletin, February, 1972.

Zugibe, F.T. Personal interview, March 15, 1995, April 8, 1995, and March, 2005.

Zugibe, F.T. and J.T. Costello. "A New Method for Softening Mummified Fingers." Journal of Forensic Sciences, 31(2), April, 1986.

Zugibe, F.T. and J.T. Costello. "The Iceman Murder: One of a Series of Contract Murders." Journal of Forensic Sciences, 38(6), November, 1993.