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F E A T U R E S 8 ABLE Program – John Kennedy/Jonathan Aronie 10 Bringing More Missing Children Home – John F. Clark 13 Chorus Case Study 14 The FBI National Academy Legacy Gift: From Crossroads to Boardroom – FBINA 234 17 90 Minutes Can Change Everything – Joey Reynolds/Tim Hardiman 20 A Warning About Unconscious Bias Training for Law Enforcement – Patrick Kenny 24 FBINAA 2020 Membership Survey Results Summary 26 The FBINAA Strength and Network: Honoring Legacy and Sacrifice – Doug Muldoon 34 Recommendations for Law Enforcement on Coping with Fears of Ambush C O L U M N S 4 Association Perspective 7 Association Update 19 A Message from Our Chaplain 22 Historian’s Spotlight 23 National Academy Update
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31 FBINAA Charitable Foundation 32 Staying on the Yellow Brick Road E A C H I S S U E 6 Strategic / Academic Alliances A D I N D E X – University of San Diego 16 Thermo Fisher
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28 CZ USA – CRI-TAC – JFCU
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October/December 2020 | Volume 22/Number 4 The National Academy Associate is a publication of the FBI National Academy Associates, Inc.
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N EW B ROA D C A S TS E V E R Y MON T H FBINAA LEADERSHIP APB PODCAST SERIES
Howard Cook / Executive Director, Managing Editor Suzy Kelly / Editor
EXECUTIVE BOARD President / JOE HELLEBRAND Director, Brevard County Sheriff’s Office (FL), jhellebrand@fbinaa.org Past President / KEVIN WINGERSON Assistant Chief, Pasadena Police Dept. (TX), kwingerson@fbinaa.org
© Copyright 2020, the FBI National Academy Associates, Inc. Reproduction of any part of this magazine without express written permission is strictly prohibited.
Representative, Section I / JIM GALLAGHER Commander, Phoenix Police Department (AZ), jgallagher@fbinaa.org
The National Academy Associate is published bi-monthly by the FBI National Academy Associates, Inc., National Office, FBI Academy, Quantico, VA 22135.
Representative, Section II / LARRY DYESS Captain, Jefferson Parish Sheriff’s Office (LA), ldyess@fbinaa.org
The FBI National Academy Associates, Inc. is a private, non-profit organization and is not part of the Federal Bureau of Investigation or acting on the FBI’s behalf. Email editorial submissions to Suzy Kelly: skelly@fbinaa.org. Submissions may vary in length from 500-2000 words, and shall not be submitted simultaneously to other publications. Email Chapter Chat submissions should go to Jen Naragon at jnaragon@ fbinaa.org by the 25th of every month. The FBI National Academy Associates, Inc., the Executive Board and the editors of the National Academy Associate neither endorse nor guarantee completeness or accuracy of material used that is obtained from sources considered reliable, nor accept liability resulting from the adoption or use of any methods, procedures, recommendations, or statements recommended or implied.
Chaplain / JEFF KRUITHOFF Chief of Police, City of Springboro (OH), jkruithoff@fbinaa.org
1st Vice President, Section IV / KEN TRUVER Chief, Borough of Castle Shannon (PA), ktruver@fbinaa.org
Historian / CINDY REED Special Agent (Ret.), Washington State Gambling Commission (ret.), creed@fbinaa.org
2nd Vice President, Section I / TIM BRANIFF Undersheriff, Thurston County Sheriff’s Office (WA), tbraniff@fbinaa.org 3rd Vice President, Section II / SCOTT RHOAD Chief/Director of Public Safety, University of Central Missouri (MO), srhoad@fbinaa.org
The Leadership APB Podcast Series engages law enforcement and public safety executives in discussions on timely and current topics affecting first responders around the world. These leaders will share their leadership and managerial philosophies and successes and obstacles they have encountered in their careers. The podcast series are free audio programs distributed to FBI National Academy Associates’ members, their staffs, and other law enforcement executives that provide our communities, states, countries, and profession with the highest degree of law enforcement professionalism and expertise.
FBI Assistant Director / RENAE MCDERMOTT FBI Training Division (VA)
Executive Director / HOWARD COOK Chief (Ret.), FBINAA Executive Office (VA), hcook@fbinaa.org
Representative, Section III / TBA
Representative, Section IV / BILL CARBONE Director, Suffolk County Crime Assessment Center, NYS Division of Criminal Justice Services, bcarbone@fbinaa.org
Photographs are obtained from stock for enhancement of editorial content, but do not necessarily represent the editorial content within.
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On the Cover: 2020 The Year of Challenges...and Opportunities cover features the 5.11 Tactical Chromoflex FBINA Seal.
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ASSOCIATION PERSPECTIVE
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Joe Hellebrand
I would like to thank all of those that participated and shared your responses in our 2 020 Member Survey . Your responses are critical to our planning of future initiatives and training. This year, we collected survey responses from both sworn and retired members which provided valuable insight as we chart and plan for the future of the Association. As with all professional societies, 2020 was certainly a chal- lenge for us to continue our mission of “providing and promoting law enforcement leadership through training and networking”. After a series of pivots and rescheduling, we were able to turn some of those challenges into opportunities and conducted 36 education and training events (virtual and in-person) for our members, reaching nearly 10,000 participants. As we move into 2021, our hope is that travel and agency restrictions will be scaled backed and more in-person events will take place. Our plan is to continue moving forward to provide cutting-edge live education and training, as well as a series of webinars, podcasts, and virtual events all based on our updated Strategic Plan. Of course, as we saw in 2020, we will have contin- gency plans in place to still deliver programs virtually if needed. Plans for the 57th National Annual Training Conference this summer in Orlando are well under way. The Conference will have 50 plus hours of education and training, along with numer- ous networking and social opportunities. There is no question that next year’s conference will be an exciting event and a special thanks to the Florida Chapter and Conference Committee for their dedication and support in making it happen. We hope to see you there. Your involvement in the Association is critical to our suc- cess. We all have a shared experience by attending the National Academy program and when meeting a fellow NA graduate, all seem to gravitate to the same greeting “What Session?” I encour- age each of you to stay involved with your local Chapter, and to explore the many opportunities the national office has to offer, to include a new initiative designed to assist members who are transitioning to a new career after law enforcement. As an As- sociation, we have much to offer. I would also like to thank the FBINAA Charitable Founda- tion . This has been a tough year for all of us, and unfortunately, we have some members that were hit harder than others. From the pandemic, to natural disasters and personal tragedies, your Foundation stepped up and provided assistance to those in need. When you have a chance, please visit your FBINAA Chari- table Foundation website to look for ways to lend your support to fellow graduates through the Foundation.
Lastly, I would like to take this opportunity and thank our valued Strategic and Academic Alliance Program sponsors which provide essential products and services to our members and the law enforcement profession as well as vital support to the Association so that we may carry out our mission. Their dedi- cation to our Association never wavered. Please visit our website for a full listing of our Alliance Program sponsors or visit the digital version of this magazine issue which has a special 2020 FBINAA Strategic Alliance Program Index which features these sponsors. On behalf of the FBINAA National Board and Staff, we wish you all a happy holiday season and best wishes for a safe and healthy New Year.
“WHAT SESSION?” It's a unifying phrase – whether you’re sworn, working professional, or retired. Every member of the FBI National Academy has a shared story, a unique experience, and is a vital part of the World’s Largest Leadership Network.
Sincerely,
Joe Hellebrand, President FBINAA Director, Brevard County Sheriff’s Office
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STRATEGIC ALLIANCES DIAMOND LEVEL
ACADEMIC ALLIANCES
ASSOCIATION UPDATE FROM THE EXECUTIVE DIRECTOR
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PLATINUM ACADEMIC ALLIANCES
Howard Cook
T his year has surely been uniquely different. We've all seen challenges personally, professionally and as an Association. What makes us so resilient is our ability to adapt and overcome in times of uncertainty. While many associations have been struggling over the past year, the FBINAA has remained vigilant and strong. We have continued to focus on our members, our mission, and develop creative ways to continue to provide essen- tial value. I would like to take a moment and highlight just a few of the many positive outcomes we have witnessed this year. Stay at home orders across the globe have provided an opportunity for us to increase virtual education and training offerings. Although we couldn't come together for our National Annual Training Conference , we quickly adjusted and came up with alternate ways we could continue to provide cutting-edge training to our members as well as the law enforcement profes- sion with our first ever F BINAA 2020: Connecting Leaders Virtual Leadership Training & Education Event which had an impressive 2,000 participants. You've also seen that we have provided a significant offering of member engagement resources and opportunities by provid- ing more webinars, information on our members only CONNECT App , editorial content in the Associate Magazine, overall commu- nications and launched our new podcast series. We will continue to enhance these capabilities. We have much to be proud of as an Association as we continue to move forward and plan for exceptional education and training opportunities for the new year. We are also moving forward with the planning of the 2021 Annual National Training Conference in Orlando next July and it is our hope to see you all there, in person. We are planning to get back to in-person events with enhanced virtual components but have done our due diligence with contingency plans should the pandemic con- tinue throughout 2021. As part of that planning, I am happy to announce we will also be holding a virtual event in the first half of 2021, along with numerous in-person leadership forums and train-the-trainer programs.
AMBASSADOR LEVEL
GOLD ACADEMIC ALLIANCES
PREMIER LEVEL
Our goal is to keep our members engaged throughout their law enforcement career and beyond. One way we are address- ing this is to increase our offerings of life after law enforcement offerings through our communications, editorial content, and programming. This will be a priority for us next year. 2021 will be an exciting year of continued growth for the Association. We’re looking forward to hopefully welcoming new NA grads to our network and also providing needed services to all our members – both sworn and retired. I would like to take this moment to thank all of you for your involvement in the FBI National Academy Associates and your numerous contributions to our Association as a whole and to your Chapter. This is such an incredible network and I am truly blessed to be a part of it. While I say it year after year, I could not mean the following sentiments more so than I do now...I wish you all a safe, healthy and happy Holiday Season and all the very, very best in 2021.
SILVER ACADEMIC ALLIANCES
FORUM-DIRECT ® YOU’RE COVERED
AFFILIATE LEVEL
Sincerely,
Howard M. Cook FBINAA Executive Director FBINA #224
BRONZE ACADEMIC ALLIANCES
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ABLE PROGRAM THE FBINAA JOINS FORCES WITH GEORGETOWN LAW CENTER’S ABLE PROJECT TO PROVIDE EVIDENCE-BASED ACTIVE BYSTANDERSHIP TRAINING TO LAW ENFORCEMENT OFFICERS
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JOHN KENNEDY AND JONATHAN ARONIE
On 31 May 2020, at about 1 am, as civil unrest and looting overwhelmed the streets of Seattle following the killing of George Floyd in Minneapolis, a Seattle police officer did something his partner may not even have noticed at the time. He pulled his partner’s knee off the neck of an arrestee. The event, which was caught on video by a local journalist, took all of 5 seconds, but serves as a gripping illustration of “active bystander- ship” in action. In those 5 seconds, that officer possibly saved his partner’s career, prevented harm to a citizen, and, for all we know, forestalled the further escalation of already-devastating civil unrest.
T he Seattle event, of course, stands in stark contrast to the more than seven minutes three officers in Minneapolis remained mostly passive while a colleague pressed his knee against the neck of George Floyd leading to Mr. Floyd’s death, the termination of four officers, the arrest of one officer, the crim- inal charging of the other three, and untold millions of dollars of damage to cities across the United States. Most of us watch these two videos — and many others — and come away shaking our heads. The absence of the interven- tion in Minneapolis looks appalling. The successful intervention in Seattle looks easy. But the truth is intervening is not as simple as it looks in hindsight. Nor, frankly, is it all that common. While we all can watch the George Floyd video and be certain that we would have intervened courageously and forcefully if we were those younger officers on that scene, decades of research and on-the-ground experience tell us that humans simply are not particularly good at intervening in a peer’s (let alone a supe- rior’s) conduct. We all think we are regular “active bystanders” because (i) we remember the times we did intervene and (ii) do not so quickly recall the many times we didn’t. (It’s a nifty little trick the brain plays on us, which psychologists call “ethical amnesia.”)
There are many reasons humans do not regularly intervene in the conduct of others, and there exist decades of research identifying a long list of “inhibitors” to intervention. The inhibi- tors range from the readily understandable (“I am afraid”; “I don’t know what to do”) to the sadly nefarious (“I don’t care about the person being harmed”; “I don’t care about the person doing the harming”). Psychologists have demonstrated with- out question that these inhibitors are real, and that they are universal, extremely powerful, and most definitely not unique to policing. Psychologist also have demonstrated that the inhibi- tors to intervention can be overcome through deliberate training and practice. The tactics and strategies of intervening in another officer’s conduct, however, never have been taught in police academies in a deliberate manner. Beyond the occasional reminders that it’s everyone’s duty to be courageous and intervene to prevent harm to others, few academies in the United States have dedicated meaningful time to teaching or practicing the skills necessary to make an intervention successful. And fewer still have dedicated the time and effort it takes to create a department-wide culture in which such skills can be deployed safely and effectively. Decades of experience, however, demonstrate that mere remind-
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BRINGING MORE MISSING CHILDREN HOME
In a split second on Sept. 23, the National Center for Missing & Exploited Children (NCMEC) sent more than 1,300 poster alerts to businesses and residents along a geo-targeted swath of highways in Dallas, Texas – Interstate 35, U.S. Highway 76 and State Highway Loop 12 – where a man might be fleeing in a stolen 2009 Lincoln sedan. L aw enforcement also issued an AMBER Alert and a BOLO for the white car, which was stolen when the owner stopped for gas, then went inside the gas station and left her keys in the car. Why the sense of urgency for a stolen vehicle? There was a 3-year-old girl in the backseat. “We were getting tons of calls,” Detective Ryan Daley , with the Dallas Police Department, said of possible sightings of the car and child, who was safely recovered. “The more information that gets out, the more people notice. Everyone has a phone to- day. It’s a saturation process, and it works.” Since NCMEC opened its doors more than 36 years ago, photos remain the single most powerful tool for finding missing children. Getting those photos and any pertinent information in front of people in the best position to help – and doing it quickly – has been an enduring challenge. From the day when photos of missing children were placed on milk cartons, sent through the mail or sat in stacks waiting in line on fax machines, the process has gotten faster and more ef- fective. Now, technological advancements, including geo-target- ing and mapping tools, are making NCMEC ’s photo distribution instantaneous – and helping bring more missing children home. “We can pinpoint precisely where we want to send the poster alerts because of the technology that was built for us,” said Patricia Willingham , director of NCMEC’s case management services. Her team distributed more than 1.7 million poster alerts last year alone through the ADAM Program , which was built by LexisNexis Risk Solutions® for NCMEC and is managed by the technology company. ADAM , which stands for Automated Delivery of Alerts on Missing Children , was named in memory of 6-year-old Adam Walsh , who was abducted from a Florida shopping mall in 1981 and found murdered 16 days after he vanished. His frantic par-
JOHN F. CLARK
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(L-R) Cal/John Walsh on "In Pursuit".
57th ANNUAL TRAINING CONFERENCE The FBI National Academy Associates and the Florida Chapter invite our fellow FBINAA members and their families to join us at the 2021 FBINAA Annual Training Conference and Law Enforcement Expo.
Operation Fort was the largest modern slavery investigation ever conducted in the United Kingdom. West Midlands Police used Chorus Intelligence software to bring 13 offenders to justice and help protect 400 vulnerable individuals from future attacks. This case study shows how they used data analysis to overcome multiple challenges and solve the investigation faster than expected. CHORUS CASE STUDY: HOW WEST MIDLANDS POLICE SOLVED THE UK’S LARGEST HUMAN TRAFFICKING CASE WITH DATA ANALYSIS
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BACKGROUND
O peration Fort’ targeted a Polish organized crime gang that allegedly operated a human trafficking ring in the West Midlands area of the UK. Through the course of the operation, in- vestigative efforts determined victims were lured to the UK from Eastern Europe on the promise of jobs and a better standard of living. In reality, they were forced to live in appalling conditions and were defrauded of their wages and identity for the financial profit of the organization. The case was ultimately profiled in BBC Panorama documentary as well as on, SkyNews: https:// hopeforjustice.org/news/2017/10/huge-response-to-exploited- britains-hidden-slaves-documentary-filmed-with-hope-for- justice/ . THE CHALLENGES The investigative team faced several initial challenges at the onset of the operation. Many of the victims did not realize they were trafficked. They were often from underprivileged back- grounds who were lacked education and social skills and were often dependent on alcohol. They still held hope that their lives would be transformed and had an inherent distrust of authori- ties. Many also spoke a form of Polish dialect not familiar to the police and it was a struggle to gain their cooperation. THE DATA Once the challenges of connecting with the victims were over- come, West Midlands Police (WMP) gathered call data records, conducted manhunts for suspects, and seized handsets and paper exhibits. While their hunt for suspects was successful, it led to an even larger obstacle for the police department. The investigation included a staggering 4,000+ exhibits. 650,000 lines of communications data, 80 downloaded handsets, 1,500 statements and 40 pieces of ‘live’ evidence. Already involved in other important cases, this presented a huge obstacle to the investigation team. They needed to quickly process data while meeting the strict disclosure rules present in the UK. WMP re- quired a single platform that could streamline the process. They turned to Chorus Intelligence for the solution. THE ANALYSIS The team held l discussions with the Crown Prosecution Service (CPS) to ensure the evidentiary presentation was clear and con- sistent and verify that different types of evidence could be linked together to tell the entire story.
Chorus was able to cleanse, combine, and connect several different types of data, including call data records, bank state- ments and contact lists. The automated cleansing of the call data records alone saved WMP a month in man hours so they could focus on getting answers and progressing the case. 584 files and close to 700,000 records later, WMP had color- coded each defendant in Chorus and given each victim a unique number. After this initial processing, every imported data entity was linked to a corresponding person in the case which ensured no data fell through the cracks and case records remained highly organized. CUSTOM TEMPLATES Chorus and WMP worked together to create templates that al- lowed customized data to be uploaded. This included financial data formats and additional data columns for SMS and What- sApp message translations.
WHAT TO EXPECT // –Showcasing the Best of Orlando, FL –Two Day Exhibition –Over 2,000 Attendees –Reconnect With Session Mates –Networking Opportunities –Excellent Training, Presentations and Social Events –Activities For The Whole Family
ORLANDO JULY 7-10 | 2021 | FBINAA2021.COM
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THE FBI NATIONAL ACADEMY LEGACY GIFT: FROM CROSSROADS TO BOARDROOM
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FBINA 234
Everyone wants to leave something behind, thus the tradition of a Legacy Gift was born. The Legacy Gifts were items bought by an FBINA Session. Often sessions that came through the National Academy raised money to purchase a gift for the FBI Academy, in remembrance of their session. These gifts came in all shapes and sizes; fountains, bronze eagles, granite benches, 9/11 Memorial, and flag poles just to name a few. The more Legacy gifts that were given, the more elaborate they became. Each Session would buy a gift, donate it to the FBI, and then the FBI would incur the cost of installation and maintenance, until the FBI prohibited the donating of a legacy gift. I n 2008, the FBI was beginning to discourage legacy gifts and sessions began donating money to charities. Session 234 , before graduating, obtained permission to provide a legacy gift, new pool tables for the Crossroads Lounge. The Crossroads Lounge was on the main floor of Building 9 underneath the caf- eteria, until 2015 when the building was renovated. The Cross- roads Lounge was a place to hang out in between classes with televisions, couches, tables, and a few board games. It was the first home of the Session 234 Pool Tables, and after the Building 9 renovation, the new Board Room became their home. These pool tables were unique because they had personalized felts that had the FBINA Seal and Session 234 printed right on it. They also had a small gold plaque that had the dates of Session 234, July 6, 2008 – September 12, 2008.
Whenever a Session 234 student had a reason to return to the Academy, they would check on the tables. In 2018, while attending the Chapter Leadership Summit, Tim Cannon , noticed the deterioration of the 234 Session Pool Tables. The tables were a reminder of his journey through the National Academy and he wanted to see them preserved so he began looking into getting the tables repaired. After confirming that he could get someone out there to fix the tables, he developed a plan to get it done. In February 2018 Tim put out a message on the FBINA Ses- sion 234 Facebook page saying, “So looks like our legacy gift of the pool tables has held up pretty well. However, it looks like it is time for the felt to be replaced. It sure would be neat if we could figure out a way to come up with the funding to recover the pool tables with our session logo? They have been moved from the Crossroads area up to the new Board Room next to the Cafeteria and they get used on a regular basis by everyone attending the National Academy. I’m not sure what the cost is to cover the tables, but I can certainly facilitate having them recovered if we could figure out a way to pay for it.” His classmate, Chris Bar- rella , suggested a GoFund Me Page be set up on Facebook. The response from his session mates was overwhelming, almost all his session mates responded that they wanted to help in any way they could.
In October of 2019, Tim pulled together a Facebook Fun- draiser to refurbish the pool tables. The fundraiser stated, “In 2008, one of our legacy gifts to the NA before graduating from the 234th Session was to purchase new pool tables in the Cross- roads. When finished the tables were beautiful and represented each of us and have served all of those who have come after us for 11 years. Every time I return to the Academy, I see our tables. Now the felt is in disrepair and I am raising this money for all of us from the 234th Session to refelt and repair the tables so that all future NA Sessions and New Agents will see the contribution we made. The cost to refelt the two pool tables is approximately $1,700.00 using professional grade felt with a full color FBINA Logo with our 234 Session Number. Let OUR legacy live on!” The results were amazing, and Session 234 really outdid themselves. In three days, Session 234 raised $1,810.00 with a total of 39 people donating. The repairs were done in early 2020 shortly after the 2020 Chapter Leadership Summit. Unfortu- nately, due to COVID-19, the pool tables have yet to be played on. We cannot wait for the National Academy to be running again so new sessions can create wonderful memories and bond over the 234 Session Legacy gift from 12 years ago.
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90 MINUTES CAN CHANGE EVERYTHING: IT’S TIME TO EXPEDITE CRIME-SOLVING WITH RAPID DNA
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JOEY REYNOLDS AND TIM HARDIMAN
Every minute that a crime remains unsolved is time for someone else to become a victim. Imagine what can happen when DNA testing takes only minutes, instead of days, weeks, or even months. With the ability to process DNA in as little as 90 minutes, Rapid DNA instruments can provide actionable intelligence to immediately impact an investigation, or link suspects with past crimes while they are still in custody. Rapid DNA can help get criminals off the street faster, prevent the needless arrest of innocent individuals and keep your communities safe.
M ost law enforcement executives have come to appreci- ate the power of DNA in law enforcement investigations. Traditionally, DNA is used on the back side of the investigation and limited mostly to serious crimes against persons. Most crime labs are overwhelmed with the volume of DNA analysis requests, which can result in time delays, and a prioritization of major crimes against persons. I experienced this personally on numer- ous occasions throughout my law enforcement career. As an example, while serving as the Police Chief in Bluffton, South Carolina, our community experienced a high-profile ho- micide. As with most homicides we spent considerable time and manhours chasing down the numerous rumors, tips and cred- ible leads. We were able to identify a suspect early on and had enough probable cause to arrest. After presenting the evidence to the Solicitor we were asked to wait on arresting the suspect until we received DNA results back from the lab. We found our- selves, as happens frequently across the country, waiting on DNA results on the back side of our investigation. We lacked the man- power to place this individual under 24/7 surveillance. As Chief, my biggest fear is that he would harm another of my residents while we waited for the results. There was public outcry and we were constantly getting beat up in the media for taking too long to make an arrest. I remember wishing at the time that there was some way to have used DNA earlier in the investigation. Little did I know that five years later I would be working for a company, Thermo Fisher Scientific , that would be doing just that, provid- ing tools that allow for expedited DNA testing. Although Rapid DNA has been around for several years, the technology has recently advanced to the point where its cost ef- fectiveness and ease of use make it a “must have” for law enforce- ment agencies. Rapid DNA technology is available as a compact, easy-to-use system that enables law enforcement to generate forensic DNA results in virtually any setting in as little as 90 min- utes. The DNA results are compatible with established databases, and can immediately impact an investigation, connect suspects with past crimes, exonerate innocent suspects or identify victims.
Law enforcement agencies that have been early adopters of Rapid DNA technology are seeing the benefit of Rapid DNA in their individual agencies and communities. Just a few of these benefits can be seen in the following examples:
Arizona Department of Public Safety intro - duced Rapid DNA in 2014. As of June 2020, Rapid DNA was used in 530 cases and gener- ated 170 investigative leads. Bensalem Township Department of Public Safety in Pennsylvania started a local DNA database in 2010 and added Rapid DNA in 2017. To date they have seen a 42% reduction in property crime. Orange County District Attorney’s Office in California started a Rapid DNA program in 2015. As of May 2020, they have processed 427 cases resulting in 138 investigative hits. Kaua’i Police Department (KPD) used Rapid DNA to quickly identify the victims from a he- licopter crash, saving the cost of outsourcing analysis and bringing closure to the families in days instead of months. KPD estimates that for this one case Rapid DNA saved them between $20,000 to $30,000. New Castle County Police Department in Del- aware has compiled 1905 reference profiles in their database since implementing their program in June of 2016. As of September 2020, they have had 1135 DNA hits that aided in 530 cases. More that 50% of these hits were to crime suspects.
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Continued from "Rapid DNA", on page 17
A MESSAGE FROM OUR CHAPLAIN
As seen in the Bensalem Public Safety example above, Rap- id DNA can have a big impact on property crimes. We all know that a small percentage of people commit a large percentage of the crime in our communities. Our communities depend on us to quickly identify and prosecute these criminals to get them off the streets so they do not continue to offend. Property crimes make up a large percentage of any jurisdiction’s overall crime. Crimes like auto theft, and thefts from autos, larceny and burglary are usually committed by habitual offenders. If we can catch the ha- bitual offenders, we can prevent future crimes. Yet, these crimes have traditionally had fewer resources devoted to them than more serious offenses like murder, rape and robbery. Crime labs have limited resources for DNA evidence processing. If the crime lab accepts property crime evidence it is given a low priority and often processed months after the crime occurred. Meanwhile, the habitual offender continues to offend, victimizing more citizens. Or, if he is apprehended for one crime, the police are unable to link him to the other crimes he likely committed. Rapid DNA, on the other hand, provides an efficient means to catch habitual offenders much earlier in their crime spree, preventing needless victimization of law-abiding citizens. Another important aspect of using Rapid DNA is the ability to eliminate or exonerate innocent suspects early in the inves- tigative stage. This prevents undue stress and hardship to the suspect while at the same time saving the investigative agency manpower and other resources. Many crimes have multiple sus- pects with only one true perpetrator. Eyewitness identification is notoriously unreliable, and DNA results can take months for a re- port including or excluding a suspect to come back. During this time an innocent person may have a cloud of suspicion hanging over his/her head. Even worse, that person may be incarcerated while the police and prosecutors wait for the results. Most importantly DNA evidence is nonbiased. In cases where biological evidence is probative the use of a rapid DNA test can save the police months of fruitless investigation and free the suspect from the cloud of suspicion or incarceration as the inves- tigation grinds on and the police wait for a state lab to process their evidence. If a suspect will simply volunteer a buccal swab, or, if the police have probable cause to obtain a search warrant, the police can compare DNA to the biological evidence recovered from the crime to exclude or include the person who left the evi- dence at the scene. In as little as 90 minutes an innocent person can be freed of suspicion or the true perpetrator identified with strong evidence of guilt. Since the widespread adoption of the Automatic Finger- print Identification System (AFIS) in the late 1980’s and early 1990’s, departments have expanded the list of scenes they process for fingerprints from violent crimes to include property crimes. The AFIS system allowed departments to expand the type of individuals trained to process scenes. In addition to the dedicated crime scene technicians, other officers, including beat officers, are now being taught to process property crime scenes. Some agencies have expanded their property crime scene train- ing to include DNA evidence collection. EXPAND CRIME SCENE DNA COLLECTION- WE COLLECT FINGERPRINTS AT PROPERTY CRIMES – WHY NOT DNA?
The New Castle Police Department in Delaware, for example, has trained some of its officers as “Property Crime Specialists.” These officers were originally trained to process property crimes for fingerprints, but their role has now been expanded to include processing the scene for DNA. The DNA they recover from the scene is submitted for processing using Rapid DNA technology, and entered in the Department’s database. Officers are trained to look for blood or other bodily fluids and objects that might yield DNA, such as cigarette butts, which are one of the most frequently submitted items. The New Castle PD has found, like many agen- cies, that adding DNA collection to the Specialists’ repertoire isn’t difficult. In fact, the collection of DNA samples from a crime scene is easier than processing a scene for latent fingerprints. Departments without a Rapid DNA system have to send the DNA collected from the crime scene to their state or local crime lab to have it processed. Samples from property crimes are usually queued behind violent crimes, and it can take months to get results—months when offenders are at liberty to continue offending. Recent advances in technology allow departments to process their own DNA evidence. This includes both evidentiary samples recovered from the crime scene as well as identification samples obtained from suspects and arrestees. The department can obtain a profile in about 90 minutes and run a comparison against the database in another 2 minutes. That’s only 92 min- utes to solve a crime, a series of crimes, or to rule a suspect out. Law enforcement leaders have a responsibility to keep their communities safe, to not only arrest criminals but to prevent crime whenever possible. We have a duty to advocate for the equipment, policies, and legislation that increase public safety. Training officers to process crime scenes for DNA in addition to fingerprints, combined with Rapid DNA technology and a local DNA database for comparison to arrestee DNA profiles, will take serial offenders off the street sooner and reduce the number of citizens who become crime victims. While protecting the public is our first priority, we also must serve as good stewards of public resources. To that end, it should be noted that this combination of policy and technology can save money. The return on investment (ROI) realized by quickly eliminating suspects, obtaining guilty pleas rather than going through the cost of a trial, and using Rapid DNA technology to triage samples prior to sending them to a lab for analysis will significantly reduce the actual cost of the system. Finally, it is important to remember that DNA has the power to exonerate as well as to convict. People suspected of commit- ting a crime can be quickly exonerated and, if they are in custody, released. This can reduce litigation costs and demonstrate to the courts, as well as the public, that the department is serious about finding the truth and not just closing a case with an arrest. About the Authors: Chief Joey Reynolds (Retired), is a graduate of the FBI National Academy, FBINA 184 and is a Past National President of the FBINAA. He is currently the Business Development Manager for North America for Thermo Fisher Scientific. He can be reached at Joey.reynolds@thermofisher.com. Inspector Tim Hardiman (NYPD Ret.) is a graduate of the FBI National Academy, FBINA 194. He is the owner of Viceroy Investigations & Consulting LLC. He can be reached at tim@viceroyinvestigations.com
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Jeff Kruithoff
Support
W hen I first started to write articles as the National Chap- lain, it started a journey of exploring a spiritual walk based on five concepts. Solitude, Scripture, Service, Support and Significant Events. I hope some of you have enjoyed the idea of solitude, scripture, and service. Perhaps it is coincidental that I am getting to the concept of support at point in time because the year of 2020 is a shining example of why support is so important in our lives. Our entire world is still swirling from COVID and it appears that uncertainty will be with us well into 2021. As I write this article, terrible pro- tests and election rhetoric are still a daily occurrence. As cases of COVID and incidents of violent protest increased, so did suicides, alcohol and drug abuse, domestic violence, child abuse, police resignations, and uncertainty. Police officers need to do two things. First, surround yourself with people who support you but just as importantly support others in trouble. This must be done deliberately, and immediately if we want to stop the sense of despair creeping into the lives of many people today. Unfortunately, in my experience police officers do not do either of these things well. One thing that always struck me in police departments is the hesitation many officers have to confront coworkers when they see something improper or wrong. Perhaps it is because we may need to rely on that person in the next couple of moments to back us up, or it is indeed some kind of blue wall we all hide behind, but I have noticed many times that police officers don’t seem to confront other police officers very willingly. Conversely, it appears we do not support each other very well when one of us gets into serious trouble, or is obviously having issued in their lives. I have noted many times that when police officers hear that another officer may be fired for some serious stuff, it seems like outside of the elected union officers, many of their peers are not very willing to support him. They are busy quickly dispersing his uniform or equipment or seeing if they can move into his locker or get his vehicle assignment. I have been hesitant myself to support an officer who clearly drove over the curb of proper behavior. It took me too long to understand that supporting someone in trouble is not the same as condoning what he or she did. 2 Corinthians 1:4 says, “He brings us alongside someone else who is going through hard times so that we can be there for that person”. Think for just a moment on the grace that has been provided to each one of us by Christ. Are any of us really deserving of that grace? I have had the unfortunate need to fire a number of police of- fices in my career as a police chief. From officers dealing drugs to having sex with police explorers, to criminal convictions. In every case, I saw a complete waste of potential walking out the door. That does not mean that I hesitated to do my job as a chief. These
people did not deserve to wear a badge, but I did come to realize that my faith required me to do it with compassion and grace. In more than a few cases, I have had discharged people approach me years later to tell me that it was the best thing that happened to them. It was the wakeup call they needed in their life. Their lives got back on track, their marriage got back on track, or their spiritual life got back on track. Galatians 6:2 clearly says, “Carry each other’s burdens, and in this way you will fulfill the law of Christ.” Just when a person we may have worked with for years is going through the worst days of his life, we have a tendency in police work to abandon them. It is as if we are concerned that the stench of whatever wrongdoing they did is going to get on us. Do we really believe that showing Christian love to another person is going to be rewarded with evil? Christian faith clearly tells us differently Matthew 11:28 says, “Come to me all who are weary and burdened and I will give you rest... you will find rest for your souls.” One of the most important things we can do for others around us experiencing trouble in their life is to point them to this reality. If Jesus can turn to a lifelong criminal while on the cross and say, “today you will be with me in paradise”, he can certainly be a comfort to a person who made some bad decisions and is experiencing the consequences of those decisions. It is not only our duty as follow officers but it is also our responsibility as Christians to express this kind of support. The Apostle Paul puts it the best in Galatians 6:3, “If you think you are too important to help someone you are only fooling yourself. You are not that important.” MSG The year 2020 has shown us the deep and genuine need for support in our police agencies. Let us all commit to stepping up our game.
Until next time, and always feel free to write or call.
Jeff Kruithoff, National Chaplain jkruithoff@fbinaa.org | 937.545.0227
For Forensics, Human Identification and Paternity/Kinship only. Not for use in diagnostic or therapeutic applications.
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A WARNING ABOUT UNCONSCIOUS BIAS TRAINING FOR LAW ENFORCEMENT
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PATRICK KENNY
The most recent “fad” training for law enforcement is Unconscious Bias Training (UBT). The premise is that police officers, regardless of race or ethnicity, have an unconscious bias toward groups that differ from their identified group, thereby unconsciously discriminating against others. The statement is broad and is a dangerous assumption, lacking evidence of scientific merit. Yet, UBT may reshape law enforcement, under the false assumption that unconscious bias is responsible for current law enforcement social issues. W hat is Unconscious Bias? The hypothesis is unconscious (or implicit) biases are learned stereotypes that are au- tomatic, unintentional, deeply ingrained, universal, and able to influence behavior (Noon, 2018). The assumption implies that police officers may have au- tomatic, deeply ingrained racial biases that discriminate against people who differ from them. In social psychology, there is an assumption that law enforcement officers must change how they police because this unconscious racial bias can result in discrimi- natory practices. Unfortunately, agencies are subscribing to social- political pressure to advance this concept into policing while there is no valid or reliable research to support this proposition. What is Unconscious Bias Training? UBT programs are de- signed "… to expose people to their unconscious biases, provid- ing tools to adjust automatic patterns of thinking, and ultimately eliminate discriminatory behaviors." (Fiarman, 2016).
The training usually has three stages: 1. Participants take a pretest to assess baseline implicit bias levels (typically with the IAT/Race). 2. They complete the unconscious bias training task discussing their unconscious bias. 3. They take a posttest to re-evaluate bias levels after training. There are pitfalls law enforcement executives should con- sidering before subscribing to Unconscious Bias Training. Firstly, the IAT test is a psychometric instrument designed to measure behaviors and thoughts of a psychological nature, much like pre-employment psychological tests; therefore, the IAT may be considered a medical file. If it is shared among others and is discussed openly during training, there is a clear violation of an individual's privacy. If the IAT is not treated as a medical record, it may be subject to public records disclosure or subpoena and may become part of a training or employment record or lawsuit. The employee can be assigned a career-damaging scarlet letter without just cause, even with a report that the employee “has a slight preference to his own race” response. Secondly, there could be legal liabilities concerning union contracts, police officer bill of rights violations, and EEOC issues because the agency examines an employee's "unconscious psychological bias", and the results may create unfavorable, inaccurate, and discriminatory consequences for the employee, and later the agency. The psychological assessment is absent a justified purpose of assessing the employee other than calling it training, with the assumption that all people harbor unconscious bias, which is, ironically, biased. Legal issues can stem from public court actions demanding the retention of these records to be used in civil suits. Thirdly, the IAT has questionable reliability and validity. It is up to the trainer to interpret the meaning of the results, which is subjective. Tests must be reliable and must measure what it is intended to measure. Unfortunately, the IAT fails to meet this goal. If the same person takes the test twice, there is a good probability that the results will be different each time. Godhill (2017), said "Four separate meta-analyses came out, all suggest- ing that the IAT is a weak predictor of discriminating behavior." Harvard University (2020) said, "…the IAT shows biases that are not necessarily endorsed, and that may even be contradictory to what one consciously believes". The American Bar Associa- tion (2020), Implicit Bias Taskforce noted on their web page, "…a variety of factors may influence your IAT performance. The score is provided for entertainment purposes only". Texas A&M
Continued from "Unconscious Bias", on page 20
References American Bar Association. (n.d.). Retrieved from https://www.americanbar.org/ groups/litigation/initiatives/task-force-implicit-bias/implicit-bias-test/ Azar, B. (2008). IAT: Fad or fabulous? Monitor on Psychology , 39(7). http://www.apa. org/monitor/2008/07-08/psychometric Fiarman, S. E. (2016). Unconscious bias: When good intentions aren't enough. Educational Leadership , 74(3), 10–15. Goldhill, O. (2017). The world is relying on a flawed psychological test to fight racism. Retrieved from https://qz.com/1144504/the-world-is-relying-on-a- flawed-psychological-test-to-fight-racism/ Harvard University. (n.d.). https://implicit.harvard.edu/implicit/faqs.html#faq3 Noon, M. (2018). Pointless diversity training: Unconscious bias, new racism and agency. Work, Employment and Society , 32, 198–209 doi:10.1177/0950017017719841
University psychologist Hart Blanton, Ph.D., worries that the "IAT has reached fad status among researchers without the proper psychometric assessments to warrant its current uses in the public domain" (Azar, 2008). An agency must determine if they want to implement a weak program that may not work, and if it does, it may not produce accurate results, but will be used to make policy changes. Lastly, suppose the IBT trainer collects the IAT data results for future research, much like Project Implicit at Harvard Univer- sity. In that case, the inaccuracies and inferences can have a det- rimental effect on the law enforcement profession, building the false hypothesis that police officers are racially biased regardless of their race or ethnicity. While there is a need for continuing education, training, and awareness of current issues affecting law enforcement, IBT train- ing does not appear to be the appropriate solution. The science is weak and is not defendable in the scientific or legal commu- nity. This will create animosity and will inaccurately label officers of all races, ethnicities, and the agencies. Training considerations should not be based on the conscious assumptions that IBT training will satisfy any more than a political goal.
About the Author: W. Patrick Kenny is a graduate of the FBINA class 237, and a rep for the Florida FBINAA. A recently retired (Palm Beach Sheriff’s Office, FL) law enforcement professional with 39 years of service. He has a Ph.D. in psychology and is a licensed therapist consulting and providing psychological assistance to first responders in South Florida.
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