TRANSFORMATIONAL FORENSICS. Ron Nichols, Firearm and Toolmark Examiner Nichols Forensic Science Consulting

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1 TRANSFORMATIONAL FORENSICS Ron Nichols, Firearm and Toolmark Examiner Nichols Forensic Science Consulting

2 JUSTICE BEGINS IN THE STREETS 2

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4 ONE CITY - TRAGEDY IN 24 HOURS FEBRUARY

5 ANOTHER CITY 2015 &

6 ANOTHER CITY 2016 FOUR DAYS AFTER CHRISTMAS 6

7 OUR PERSONAL BOX 7

8 OTHER BOXES Laboratory Policies and Procedures Other Client Agencies Accreditation OSAC Parent Agency 8

9 HISTORICALLY SPEAKING 9

10 HISTORICALLY SPEAKING Homicide 1 No suspect Drive-by No victims 2 weeks 4 weeks Drive by Child killed Ballistic Imaging Low Priority Ballistic Imaging Negative? Linked to Homicide 1 10

11 DEALING WITH OUR BOXES Minimize detachment it seemingly protects us but also diminishes our ability to care. It will be difficult to have sufficient motivation to deal with the other boxes unless we care. Understand that we will always operate within organizational boxes but, it is possible to expand the size of the box in which we operate if we are willing to think creatively and honestly assess what needs to be done versus what is desirable to be done. 11

12 EXPANDING ORGANIZATIONAL BOX Decide to whom we are responsible Begin with collaboration instead of ending with cooperation Understand the difference between essential, important and desirable Don t make decisions on bad data Have a willingness to move beyond tradition Remain flexible Start small and build upon success 12

13 ENTRUSTMENT AND RESPONSIBILITY Forensic science laboratories have a public entrustment. 13

14 ENTRUSTMENT AND RESPONSIBILITY Ballistic imaging technology has been shown to have great potential in helping to provide timely crime gun intelligence. When we needlessly limit that potential then we are no longer serving the public interest, we are serving the interest of another. 14

15 COLLABORATION OR COOPERATION Collaboration Take ownership of our role in responding to a problem We become a source of a team-based solution We understand our role is vital and take responsibility for ourselves without concern for what others are not doing Respond to a crime problem hopefully reducing it in the future Cooperation Do what we need to do to get through the problem We become part of someone else s solution We resent our role and look for failings in others to absolve ourselves of responsibility React to crimes that have already occurred with no vision for the future 15

16 ESSENTIAL, IMPORTANT, DESIRABLE Ballistic imaging technology is a tool that turns a fired cartridge case into a potential eye witness that can point toward other shootings. It is was not designed to be a perfect tool. Rather it was designed to facilitate in moments what may have otherwise have taken an examiner months if it was attempted at all. Stop putting perfection into an imperfect tool. It does not make sense. 16

17 ESSENTIAL, IMPORTANT, DESIRABLE Essential Firearm examiners compare evidence prior to ballistic imaging so that every gun represented at a scene is entered. However, so much of this effort would be wasted because Not every case results in a Lead Not every Lead is a viable Lead Not every case goes to court Better solution Cartridge cases can be reliably triaged by trained technicians for ballistic imaging entry. If a Lead is developed, evidence can be compared at a later time. 17

18 ESSENTIAL, IMPORTANT, DESIRABLE Essential Firearm examiners perform correlation reviews to determine whether or not Leads are present. However This is often a low priority task and commonly set aside for the more urgent Correlation reviews get backlogged decreasing timeliness if comprehensive collection is being pursued Better solution Train technicians to perform correlation reviews with adequate quality assurance so that firearm examiners, if called at all, are only brought in to evaluate potential Leads 18

19 ESSENTIAL, IMPORTANT, DESIRABLE Important DNA swabbing or fingerprinting of evidence prior to handling for test firing or ballistic imaging. However Majority of firearm-related evidence is not linked to another case Can significantly hinder timeliness, especially if lab-based Better solution Find non-laboratory solution as laboratory solution slows things down Do a cost-benefit assessment and minimize in routine cases 19

20 ESSENTIAL, IMPORTANT, DESIRABLE Important All Leads need to be confirmed prior to release. However Not all Leads are viable Reports by forensic science laboratories issuing non-confirmed Leads indicate confirmations are rarely requested Better solution Issue non-confirmed Leads A confirmed Lead weeks after an incident is less valuable to an investigator than an unconfirmed Lead within a few days of the incident Develop good quality control processes to ensure non-confirmed Leads are of high quality 20

21 UNDERSTAND DATA Having a public entrustment means that we not only deal with evidence without a preconceived bias but, that we deal with administrative matters without a preconceived agenda. Understand the data upon which decisions will be made, judging fairly without bias. 21

22 UNDERSTAND DATA 4-month time period 472 entries 72 Leads developed 31 of those leads linked to cases outside that region 15 outside region cases linked back to entries 22

23 MOVE BEYOND TRADITION Laboratory Policies and Procedures Other Client Agencies Accreditation OSAC Parent Agency 23

24 FLEXIBILITY Common goal of public entrustment has to be placed above personal or agency agendas. 24

25 MOVE BEYOND TRADITION As a lot, firearm examiners are protective and resistant to change. This is a challenge because ballistic imaging technology is a screening tool that does not require the same level of expertise as a comprehensive examination. 25

26 FLEXIBILITY Key for all collaborators define what is essential Be willing to consider other ideas outside your normal comfort zone Not everything will work as well as initially planned or thought so be prepared to make changes until processes get synchronized well New things may develop that had not been anticipated so adjustments may be necessary 26

27 START SMALL & BUILD WISELY When attempting something new and innovative that requires flexibility and will likely require adjustments as processes are ironed out, it is best to start small and build wisely. 27

28 START SMALL & BUILD WISELY Key principles If regional, then select a key city with which to begin If accredited, define as a short-term pilot program to help explain variances keeping a good record of what was done and why Don t be concerned with backlog it s already too late and puts current cases at risk Have regular, on-going meetings to assess processes and procedures Easier to justify funds based on a pilot of success than it is to justify funds based on program potential that you have not even come close to achieving 28

29 ENLARGING THE BOX Accredited federal laboratory with backlog in excess of 1,000 Modified policies and procedures within accreditation guidelines Eliminated backlog while remaining current in 3 months 29

30 ENLARGING THE BOX Accredited, state laboratory adjusted policies and processes for a three month pilot with a local city looking at maximum 72-hour turnaround times for firearm evidence, re-allocating one technician. Resulted in a suspect apprehended in a car stop not being released because firearm in his possession linked to a homicide without a suspect within the required maximum holding period Found such success that they made adjustments more permanent and offered services to other cities in the state with additional funding. 30

31 ENLARGING THE BOX City of 655,000 (2015) BRASSTRAX installed in evidence room; arrangement for correlation reviews with technicians at ATF April 2015 April % of all firearm related evidence entered within 72 hours; 95% within a week 3,000 entries 290 leads 112 individuals identified and/or arrested as a result of leads 31

32 BOXES STREETS FORENSIC LABORATORIES 32

33 BOXES STREETS FORENSIC LABORATORIES 33

34 TRANSFORMATIONAL FORENSICS Transformational forensics is a commitment on the part of forensic science laboratories to collaborate with clients and stakeholders to identify needed change and creating a vision to guide that change so that our communities can become safer places for all to have an opportunity to reach their potential. 34

35 JUSTICE BEGINS IN THE STREETS With respect to crime gun intelligence and shooting crime, it begins in the streets treating each shooting crime as a potential key to getting an active shooter off the streets. The potential is there with ballistic imaging technology. Maximizing that potential requires a shift in thinking and application. 35

36 QUESTIONS Ron Nichols, Firearm and Toolmark Examiner 36

37 IBIS / NIBIN STREAMLINING PROCESSES FROM THE LABORATORY PERSPECTIVE FORENSIC-LED POLICING THROUGH CRIME GUN INTELLIGENCE Washington State Patrol Crime Laboratory Division Jennifer Desrosier Rick Wyant

38 Where we started: One technician for WA state Brought in techs from other agencies in 2007 Hits took months for follow-up Customers lost interest ATF task force Additional WSP tech in 2015

39 GOAL: Meet ATF Task Force timeline of entering submissions in 48 hours or less to generate investigative leads in real time. GOAL: Increase WSP lab efficiency for NIBIN entry and turnaround. Immediate lead notifications. Confirmation optional? GOAL: Increase users and submissions for NIBIN entry. GOAL: Reduce violent gun crime by expedient investigation of linked shootings.

40 WHERE ARE THE HANG-UP'S? Evidence not submitted for entry-guns only Delay from crime to submittal Laboratory backlog and staffing issues creates negative reinforcement to user agencies Lack of efficient feedback loop Lack of awareness and education 40

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42 In compliance with ISO/ASCLD accreditation Re-write internal policy to reflect what is asked of the ATF MOU for IBIS 42

43 Task Force Collaboration Backlog in latent and DNA slows the process for creating timely investigative leads Detectives swab their cartridge cases for DNA for more immediate entry into NIBIN The collaboration allows for a more timely and effective results relayed to detectives 4 3

44 ENTRY OF FIRED CARTRIDGE CASES FROM ALL CRIME SCENES To aid in 72 hours or less turnaround time: Recommend agencies swab their own firearms and test fire Latent/DNA are handled on a case-by-case basis but always performed before test fire

45 Early entry of firearms casework For timely results, an additional request for IBIS/NIBIN entry is immediately created for all firearms comparison cases. 45

46 Fired cartridge cases: All evidence FCCs submitted are screened before entry into IBIS

47 New form to efficiently document triage incoming fired cartridge cases 47

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49 Brochures and presentation materials available for user agencies. Statewide training of user agencies on submission of IBIS requests to the laboratory. Training agencies to perform IBIS entry in conjunction with ATF.

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51 TRAINING USER AGENCIES - TIMELY RESULTS 51

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53 Offering facilities or options (bullet traps)to test fire firearms for IBIS entry. Contacting agencies with low rates of submission and offering training. Training User agencies allot 1-2 agency personnel to be trained on IBIS entry for their agency.

54 An Executive Summary Report from Seattle CGIC (Crime Gun Intelligence Center) stated that two back-to-back leads resulted in a significant arrest. Detectives from Federal Way PD brought in fired cartridge cases from three different scenes, three days apart. All were linked to a homicide. 54

55 2016 Seattle Lead Drive-by shooting on HWY 167

56 Four additional shooting events linked with NIBIN Seattle - events 2 and 4 (one homicide) occurred at the same location 5 related to a homicide in Gresham, Oregon

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58 MULTI JURISDICTION AL Canadian Border 13 laboratory requests 3 rifles involved

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60 Pending investigation: not for public disclosure NIBIN led us to investigate 8 shootings, which were spread among several jurisdictions. Because of NIBIN showing common targets and multiple guns being used together at scenes, we have been able to identify suspects in several of these shootings. One is a homicide. The same AK47 and the same AR15 were used together in four separate shootings: a family with young children, a school teacher s home, two passengers in a car, and an elderly couple delivering papers. The NIBIN hits led to a coordinated investigation that solved these four cases.

61 Local media: Publicly Highlight IBIS

62 NUMBER OF HITS/LEADS JANUARY 1 MAY

63 Gun crime is down 16% for the Seattle area since 2015! 63

64 Convince agencies to send in evidence. Sharing success stories. Streamline lab processes and creating more efficient and timely results Train decision makers as well as users for the NIBIN system. Increase communication between agencies, lab, and TF Key to success is motivated and driven NIBIN entry staff 64

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