From \'Law Enforcement Technology\' magazine about cold case investigations.

1. By Amanda Phillips
I n a murder investigation, time
is of the essence. As the days,
weeks and months pass cases lose
their momentum — especially when
witnesses disappear, move or die and
detectives are assigned to new cases.
Although murder is a tragic
act by itself, yet another tragedy
lies within: guilty criminals roam
free, unsolved cases and evidence
pile up and victim’s families are
denied closure to mourn the death
of their loved ones. As detectives
reach an impasse between the col-
lected evidence and a solution, it is
deemed a cold case.
Just because a case is considered
“cold” doesn’t mean that all hope is
lost. In fact, more and more cases
are being re-opened and re-exam-
ined every day, bringing criminals
closer to a conviction — and justice.
Solving cold cases puts law
enforcement, and the general
public, at ease. But in the real
world of investigation, evidence
is not always readily available and
cases are not easily solved quickly.
With the advent of emerging tech-
nology, most people assume guilty
suspects are brought to justice
with the push of a few buttons on
a computer or with the wave of a
high-tech device over a piece
of evidence.
It is true that many investiga-
tors solve cases with the help of
advanced technology, such as
DNA evidence, but the possibility
still exists for cold cases to be
solved without using this scientific
method. Perhaps something as
simple as assigning a new inves-
tigator to the case could offer a
Solving cold case investigations without new perspective about the details
of the case. If an investigator with
DNA evidence is not impossible a fresh perspective could see clues
20 Law Enforcement Technology ■ August 2007 ■ www.officer.com

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3. or evidence that’s been there all murder cases in Toledo history was recognizable from the 1980
along, it could be exactly what is and perhaps one of the longest Sister Pahl murder case, this
needed for solving a cold case. unsolved cases: 26 years passed piece of information prompted
between the day the 71-year-old Det. Sgt. Steven Forrester to
An unthinkable crime Sister was murdered and when the reopen the case. Just as they had
When Sister Margaret Ann Pahl most unlikely suspect was finally in 1980, detectives from the 2003
prepared for Holy Saturday Mass found guilty and convicted. Toledo Police Department Cold
at the now-closed Mercy Hospital Father Gerald Robinson was a Case Investigation Unit worked
in Toledo, Ohio, on April 5, 1980, prime suspect from the beginning, diligently to bring closure to this
little did she know her killer lurked but there wasn’t enough evidence bizarre incident.
in the shadows. Later that day, in 1980 to charge him with murder.
her lifeless body was discovered, Flash forward 23 years later to Re-examining evidence
dragged into the church sacristy 2003, when a woman, now a nun, Typically, cold case investigations
after having been brutally stabbed wrote the Toledo Diocese request- begin with a trip down memory lane
31 times and strangled. ing compensation for therapy and to the property storage room.
Draped with an altar cloth, stab she needed for being molested by Det. Terry Cousino of the Toledo
wounds on her body formed the priests. Of the names mentioned in Police Department says that one of
shape of an upside-down cross to her letter, one was that of Father the first steps in re-opening a cold
suggest a ritualistic or Satanic killing. Gerald Robinson. case is retrieving every bit of evi-
It was one of the most shocking Because Robinson’s name dence originally collected to allow
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4. for proper re-examination. lected at that time, is likely that the ferent shapes of the stains and size
“When a case is re-opened, one evidence became unintentionally of the object that made the marks
of the first steps is to go to the cross-contaminated due to evidence in the altar cloth, and ultimately
property room and look at all the collection procedures. on Sister Pahl’s body. For his part
evidence,” Cousino says. “We look According to Cousino, two of the analysis, Cousino visually
at everything and collect every weeks after the murder of Sister examined of all of the blood stains
report and any notes if we can find Pahl, investigators conducted a con- for transfer patterns and measured
them. We will also contact every sented search of Father Robinson’s and photographed the altar cloth
witness who’s still alive.” apartment. They were looking for a to compare the patterns in the cloth
At the crime scene on the day of specific type of weapon and when a for consistency.
the 1980 murder, the evidence tech- letter opener was found, it became a “The blood stain comparison did
nicians collected the altar cloth and piece of evidence that was of great give us a good possible weapon,”
took clippings from it for serology interest to investigators. Cousino says.
testing. Other items went into the In order to run additional tests,
property room and were booked as A pattern of clues investigators needed more DNA
evidence. But at that point, there Cousino became involved with evidence. Sister Pahl’s body was
was not a known weapon. the murder investigation in 2004 due exhumed for a second autopsy.
The science of DNA analysis to his expertise in blood stain trans- During the 2004 autopsy, a
was non-existent in 1980. And fer pattern analysis. In this case, he section of Sister Pahl’s jawbone
although DNA evidence was col- looked for consistency in the dif- was removed to extract molars
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5. as DNA evidence. Ironically, the gations in the past 40 years. much harder,” she says, “because
removed section of her jawbone He also believes another impor- those are the kinds of things that
contained a distinctly shaped tant aspect of cold case investigation will change.” The longer a case
puncture wound, consistent with includes fingerprint analysis. remains cold, the more difficult it
those found on the altar cloth and “We solved quite a few cases becomes to solve, even though the
with the letter opener found at recently because the evidence we re- evidence will always stay the same.
Father Robinson’s apartment. examined had a latent print which
The altar cloth and the letter linked to the suspect,” Lee says. Enlisting cold case experts
opener were compared separately “With a little luck, maybe you In 1980, the Toledo Police
in the 1980s, so a likely connection can find some new clues to solve Department requested Lee’s expert
wasn’t as easy to make. cold cases.” forensic-investigative advice.
“Our analysis of the evidence Dynamics in relationships are com- During this time, he helped to re-
was just a little bit different than pletely unscientific compared to DNA examine the scene and worked with
it was in the 1980s,” Cousino says. or AFIS, but knowing the dynamics the Toledo Police Department’s
“We looked at the same evidence, between suspects and victims is impor- cold case squad to delve deeper
but in a different way.” Cousino tant, because it could change over into the case. Compared to
stresses the importance of the the years. When detectives conduct other agencies, Toledo’s Police
investigation by all of the detec- interviews with witnesses who knew or Department is fortunate to have
tives involved with this case. such a resource.
“They did a good job back then, Lee says that it would be ben-
but they just didn’t have quite “We looked at the eficial for all police departments to
enough to charge Father Robinson
at the time,” he says.
same evidence, but in a have cold case investigation units
like the Toledo Police Department.
different way.” But in reality, large departments are
Something old, only afforded such a luxury.
something new — Det. Terry Cousino, “Smaller departments always
Toledo Police Department
Even though Cousino believes the just have that one officer, one
advancements and the integration detective trying to coordinate
of DNA evidence is very influential were involved with the suspect during the case,” Lee says. “The federal
in cold case investigation, he also the time a crime was committed, new government should allocate more
says that Automated Fingerprint clues can emerge. money on cold cases because the
Identification System (AFIS) is very “Relationships may have homicide rate is above 70 percent
important as well. changed over the years, so the wit- in the United States.”
He explains sometimes latent nesses might be a little more forth- There are alternatives, however.
palmprints are stored in the evidence coming,” Cousino says, and adds Lee recommends agencies recruit
room for years, and when a case is that in a cold case reinvestigation, an outside consortium for addi-
re-opened, prints can be submitted to “you can’t overlook anything.” tional investigation assistance
AFIS for a possible match. Of course, there is a caveat: time, or inquire at universities with
“It’s really what allows cold case which can either help or hinder teaching facilities.
squads to exist, because AFIS is the an investigation. For example, Lee says many
newest technology that is really help- Winnebago County (Illinois) local departments currently enlist
ing,” Cousino says. Coroner Elizabeth “Sue” Fiduccia the investigative expertise of the
Dr. Henry Lee, founder and agrees. cold case center at the University
professor of the Forensic Science “The problem is, witnesses tend of New Haven to assist with vari-
Program at the University of New to move and they die, so if identifi- ous investigations.
Haven, Connecticut has assisted cation is made when you’re trying to Lee offers a chilling and sober-
with more than 6,000 case investi- solve a cold case, it always gets that ing fact about the amount of cold
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6. cases that go unsolved every year. then you have a major, major “one little thing” was advanced
“The homicide clearance rate is problem.” technology and the science of
barely is above 70 percent in the DNA evidence.
United States,” he says. “Sexual Case solved, case closed “Sometimes another set of eyes
assault is at 50 percent and bur- It took more than 26 years to looking at pattern evidence can
glary, less than 30 percent. Think solve the murder of Sister Pahl, but shed some new light on a case,”
about how many cold cases are hard work and diligence from two Cousino says.
unsolved every year.” generations of investigators finally In this particular case, the search
For the families of murdered paid off. for viable DNA evidence lead
loved ones, unsolved cases takes its Cousino attributes the rigorous investigators to a more clues about
toll, and they often lose their faith work ethic by everyone involved to the weapon used for the murder
in the way criminal investigations the eventual success in solving the of Sister Pahl. This offers hope for
are conducted. case, despite the challenges. He says other cold case investigations to be
“With those victims’ families investigators went to great lengths solved, if even many years after the
waiting for 10, 20 or 30 years, they to work on this case in the 1980s, crime was committed.
start losing the confidence and and it was impressive. “There’s a lot of satisfaction in
trust in the justice system,” “But they just didn’t have that finding someone who’s gotten away
Lee says. one little thing they needed to solve with murder for many years,” says
“When the citizens start to the case,” he continues. With the Cousino. “Those cases are really
lose the trust of the system, investigation of Sister Pahl, that satisfying to work on.” ■
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