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TV's Whodunit Effect
By Carlene Hempel
Robert J. Martin can't help
laughing out loud. The scene, on TV, is of a dead kid in a high school
bathroom. This, in itself, is not funny. What cracks up Martin, the
senior forensic criminalist at the State Police Crime Laboratory in
Sudbury, is watching the forensic crew work a case on CBS's smash drama
CSI: Crime Scene Investigation.
See, Martin's investigators don't tackle murder suspects or pack heat.
They don't storm into the lab demanding DNA reports. Oh, and one more
thing: He can't remember ever seeing one of his people prance around in
leather pants and a halter top.
We're sitting in Martin's living room, watching CSI on his 32-inch
television. Gil Grissom, the stocky, bug-loving chief investigator on
the show, asks a suspect to take off his shirt so he can run a spot
gunpowder-residue test. No prob, the suspect says. "This is a
detective's job," Martin snickers. "We would never do that - absolutely
not, because the defense attorney would rip you a new one." While his
two young boys sing nursery rhymes upstairs, Martin sits in the family
room of his Amesbury home talking about women's semen-stained underpants
and the nauseating smell of death. He tells me it can take days to
fingerprint a scene, months to process a single DNA sample. Most of that
used to be insidery crime scene stuff - shop talk for cops and forensic
scientists. Then CSI and a handful of bloodstained copycats took over
prime time. Real-life investigators like Martin are watching this gross
new world and bracing for each new boob-tube breakthrough.
They call it the "CSI effect," a phenomenon in which actual
investigations are driven by the expectations of the millions of people
who watch fake whodunits on TV. It has contributed to jurors' desire to
see more forensic testimony from the stand. Academic programs are
springing up to accommodate people who now want to be forensic
scientists. And it has spurred a phenomenon that defense lawyers call
"junk science," in which high-paid, underqualified consultants are hired
to lend a little razzle-dazzle to a case. Because in prime time, we've
learned that virtually anything left behind can solve the crime: sofa
cushions, a dead insect, lint.
"Crossing Jordan or CSI makes people have this unrealistic expectation
of tests that can be performed and the time frame in which they can be
performed," says Michael Gorn, a criminalist in the Boston Police
Department's Crime Laboratory Unit. "That can hurt us." It wastes time
and money, he says, with prosecutors starting to demand sophisticated
forensic tests that often have nothing to do with the case.
And who can blame them? Jurors watch TV shows in which investigators
walk onto scenes soaked with forensic evidence. Then they want to know
why there's no DNA on the suspect's shirt collar or blood on his hands.
Why aren't the hairs at the scene a match for those found inside the
accused's cap?
Last summer, when Agapito Lao was on trial in Boston for strangling his
estranged wife, Alicia, the prosecution had two witnesses, including one
who saw Lao at the scene a half-hour before the body was found. Still,
the defense claimed that Lao couldn't have committed the crime, because
there was no damning forensic evidence. The state won, but had to call
in a chemist to explain to jurors why it didn't rely on forensics: Lao
had been in and out of his wife's Chelsea apartment before the murder,
so evidence such as fingerprints would mean nothing.
Even in the face of eyewitness testimony, "Juries are starting to say,
'If all that wasn't done in a case, maybe somebody else has done [the
crime],' " Gorn says. It's reached the point that he can't even watch
CSI. He gets too angry. He's one of the few.
More-gore TV is everywhere. There's CSI, set in Las Vegas, and its
high-rated spinoff, CSI: Miami. On NBC's Crossing Jordan, fetching star
Jill Hennessy plunges her soft hands into a decomposing corpse. Forensic
shows are also de rigueur on CourtTV, A&E, and the Discovery and
Learning channels. HBO's entry in the gross-out game, Autopsy, features
detective of death Dr. Michael Baden dissecting bloated livers and
scooping out the brains of real-life victims.
To be fair, our fascination with guts and gore existed long before Gil
Grissom and his band of investigators hit The Strip. Jack Klugman's
Quincy, M.E., which ran from 1976 to 1983, inspired a generation of
forensic scientists. Patricia Cornwell has been pumping out bestsellers
featuring medical examiner Kay Scarpetta since the late '80s. And we all
had O.J.
"The psychological state of being intrigued with blood and guts is
something I will never understand - of why someone could be so
infatuated that they can't get enough," says Robert D. Keppel, founder
of the Seattle-based Institute for Forensics and a former homicide
detective who helped catch serial killer Ted Bundy.
Not understanding hasn't stopped Keppel from teaching a course at the
University of Washington extension school called Serial Murder. It has
750 people enrolled each quarter and a 4,000-person waiting list. He
also wrote a book, Signature Killers, that explains in gruesome detail
how repeat murderers sometimes mutilate their victims. It was intended
as a trade publication for colleagues; that's not who buys it. "I can go
anywhere, and somebody has read my book or somebody's grandma has,"
Keppel says. "And I just go, 'Why? I wrote this for policemen.' It is
the absolute worst of the gore. Why anyone would like to read that, I
don't know."
Hetty Orringer knows why. She's a 49-year-old switchboard operator for
Genzyme Corp. in Framingham and one of the 24 million Americans who
watch CSI every week on Thursday. "When they show a scene with the
bullet going in and severing this and that, and they actually show it on
the body, I like that," she says. Orringer is also a good test case for
what investigators and criminalists claim: that the public can't tell
the difference between Gil's gadgets and the real deal. "Oh, I never
think they're making it up," she tells me. "It's not science fiction.
No, it seems very possible to me. I don't know who does the forensics
around here, but I'm sure they have the same thing - a big lab with the
computers and everything else."
Not quite.
In a recent Friday afternoon, chemist Kerrie Donovan is processing one
of the 1,200 rape kits that come in each year and include all the
evidence collected during a sexual assault investigation. We're at the
State Police Crime Lab in Sudbury, where evidence from every major crime
in the state, except those in Boston, is sent. She starts by going into
a massive refrigeration room where crime-scene material is stored until
the chemists can get to it. In this case, a prosecutor has called to say
the case is going to trial within a year.
Donovan selects a brown cardboard box wrapped in red shiny tape and
takes it to her cramped lab. She puts on protective goggles, a lab coat,
and purple rubber gloves. She spreads a piece of white, waxy paper onto
a waist-high table that has been cleaned with bleach to kill any
contaminants. Then she takes each piece from the box and combs it for
evidence. There is a swab containing excretions from the victim's
vagina, anus, and mouth. Her underpants are there, as are samples of her
head and pubic hair and scrapings from under her fingernails. There is
also a large sheet on which she was asked to undress. Any debris that
fell off her body is considered evidence.
It's tedious work. Sometimes the evidence smells. Sometimes it's messy.
This is not a glamorous job. Donovan will search first for hairs and
fibers on the silky blue and white briefs. Then she will look for semen.
If she thinks she finds it, she will cut out a 1-square-centimeter piece
and dye it so the sperm heads turn purple. She will then wrap the sample
in glassine paper, put it into a small vial, and take it over to the DNA
lab, where it will be stored inside a freezer set at 112 degrees below
zero. She will return to the other evidence and continue to look for
blood, any condom residue, and traces of urine. If the police report
says the victim was assaulted anally, she will look for feces. When
she's done - all the evidence processed and the vials on ice - she will
take what's left, load it back into the box, wrap it this time with
yellow tape, and send it back to whatever police station it came from.
The evidence in the DNA freezer will sit there until the prosecutor in
the case calls for it, which could be months, or years, or never.
Donovan and her 15 colleagues at the State Police Crime Lab also visit a
total of nearly 260 crime scenes each year, about 125 of which are
homicides. A single murder can require days' worth of evidence
collecting, and then weeks or even months of forensic testing. There is
also evidence to process from lesser crimes, such as breaking and
entering. And don't forget all the cold cases that police departments
across the Commonwealth are digging out of dusty file cabinets. Plus,
crime lab employees have to testify in court.
For all that time and work they put in, Donovan and her labmates are
just identifying the evidence. Someone else, in a locked-down lab across
the hall, has to test for DNA - which is what the prosecutors really
want. "We have 6.3 million people in Massachusetts, which is almost the
equivalent of New York City," says the state crime lab's Martin. "New
York City has 80 DNA analysts" for 8 million people; "we have four.
We're getting four more, so now we'll have eight for 6.3 million
people," not including Boston, which has three analysts of its own.
Bottom line: It can take months to get the report Gil Grissom expects on
his CSI desk by the end of the day.
OK, but try telling that to the family and the neighbors of recent crime
victims, including those of Christa Worthington. It's been more than a
year since the fashion writer was found dead on the floor of her Truro
cottage with a knife wound in her chest and her little girl, 2
1/2-year-old Ava, clinging to her body.
It took several days just to collect the evidence at the scene, says
Truro's police chief, John Thomas. About six local police officers
arrived at the home in the late afternoon. Within a half-hour, 10
detectives from the State Police barracks in Barnstable had showed up.
Separately, and before anything was touched, a team of three State
Police photographers came to photograph and videotape the scene. That
took a few hours. Then the medical examiner showed up, along with an
assistant who drove the van in which Worthington's body would be taken
away.
But before her body was removed, five or six criminalists from the State
Police Crime Laboratory processed the corpse for clues. Once that was
done, they went through the rest of the scene, looking for hairs,
fibers, bodily fluids, fingerprints, and shoe and tire imprints, among
other things. That took several more days.
Yet, despite the boxes of forensic evidence, including semen, no suspect
has been identified. And everyone wants to know why.
The police chief has come up with a standard response to the question.
He doesn't have an Emmy Award-winning budget, Thomas says, and tests are
expensive. "And to submit a sample to the state lab, you have to go
through the district attorney's office," he says. "And because of the
workload in the state, each DA's office is only able to submit [a few
cases] a month. So, it's like when you watch TV and you see somebody on
a computer and things just pop up, that can't be done in real life, and
everybody believes it can."
In CSI, the team works in an office virtually without walls, where
quirky lab technicians and a saucy former stripper trade barbs and
breakthroughs. The equipment is top-of-the-line, the lab spacious and
fully staffed.
Elizabeth Devine, a co-producer who has written several episodes, swears
that the science and the gizmos are realistic. In fact, she says it
hurts when she hears the show criticized. Not as much as having the skin
peeled off your skull, a forensic technique used on a corpse in this
season's premiere, but enough to get her to raise her voice. "I've lived
this job, and I know what's real. If we're just making this up, then why
watch it?" Well, I ask, what about complaints from people in the field
that the show exaggerates everything?
"We leave things out, but we don't make things up," says Devine, who
worked for 15 years as a criminalist in Los Angeles County's Department
of the Coroner. "The problem with a lot of these professionals who can't
say anything nice is they can't wrap their head around the fact that in
order to tell a story, we have to do it in 44 minutes." But the public
is starting to believe that tests like DNA can be done in a flash, I
point out.
"No, you can't do DNA in five minutes. There's not a person who works on
either show who doesn't know that," she snaps. "But in order to tell the
story, we can't do what real crime labs do, which is wait nine months to
get the results back. We'd arrest the guy in season five. I don't want
to sound defensive, but I just get so tired of it."
Devine's right. In a way, we're as much to blame for the reality gap as
the neatly wrapped TV plots. We don't understand even the basics of
investigative work. Take the fundamental misconception about crime
scenes. In Sam Spade's day, a matchbook cover could lead to the villain.
Today, on TV, the DNA dicks can make the bust after finding a pair of
broken eyeglasses. The reality is far different. A killer can leave
enough blood behind to fill a Coke can. "But you need a suspect," says
David Meier, chief of the homicide unit for the Suffolk County district
attorney's office. "You need a known person to find a match."
Meier's office recently started using new forensic technology on another
high-profile but now-old murder case: Susan Taraskiewicz, the
27-year-old Northwest Airlines employee who was found dead 10 years ago
in the trunk of her car. But he wouldn't go into details. "The crime
scene may yield infinite potential matches," he says, "but until you get
a known sample that matches, it could be anyone in the world."
Which is not to say that there aren't breakthroughs. Real cases are
cracked by forensic scientists. Last winter, for example, police cleared
Keyshawn Wallace, an 18-year-old Dorchester man, of a high-profile rape
near the Ashmont MBTA station. His DNA didn't match that found on the
victim.
But along with legitimate forensic contributions, there are plenty of
what criminal defense lawyer James L. Sultan calls the "junk
scientists." This is a breed of witnesses, no doubt glorified by these
TV shows, he says, who pitch themselves as forensic experts but lack the
necessary education and experience. Because of the demand, though,
they've starting swarming courthouses like cockroaches to an open
refrigerator.
"Once they can talk their way into one courtroom, they can say to the
next judge, 'Well, I was recognized as an expert in Nevada, so you
should recognize me in Utah,' and eventually the person shows up in
Massachusetts," says Sultan, a partner in the Boston firm Rankin &
Sultan. "And they have the pretense of legitimacy, but in many cases,
they are not even scientists."
He would not indict anyone or cite specific cases, but Sultan says he's
starting to see junk scientists in courtrooms every week in
Massachusetts. "There are people out there doing bloodstain pattern
analysis, for example, who do not have scientific degrees or training or
education in areas like fluid dynamics, physics, and the other basic
scientific fields that would be required to intelligently opine in that
area. They may have gone to some workshop or camp or taken some
short-term course given by some law enforcement agency, but that doesn't
turn them into a scientist."
And there are plenty more "experts" coming.
Four universities are racing to start graduate-level forensic programs
to meet the demand bolstered in part by these shows, says James P.
Hurley, spokesman for the American Academy of Forensic Sciences. High
school science teachers are revamping chemistry programs to run like
semester-long murder cases. It's the best way to keep the kids'
attention. CourtTV has even developed a free forensics curriculum on its
Web site. Instructors are shown how to teach about gunshot residue,
footprint castings, and fingerprint matchings.
What Hurley doesn't mention is that the odds of landing a job in a
legitimate state or private lab are about as good as getting a cameo on
CSI. "There are a lot of universities that have been coming up with
these forensic science programs. They're diploma mills," says Gorn at
the Boston crime lab. "They're happy to take your money, but we're still
a small community. And we still rely on government funding. There aren't
a lot of jobs, and there are certainly not enough to fill the enormous
interest."
Robert Martin is an unassuming sort of guy with sparkly eyes and a nice
smile. He's got a buzz cut, a bit of a gut, a thick Boston accent, and a
sense of humor. It's obvious that his colleagues and his bosses like
him. Major Mark Delaney, the veteran homicide
detective-turned-administrator who runs the crime lab, was eager for me
to meet him. He knew Martin's enthusiasm for the place would rub off.
But a sunny personality can't make the lab better than it is, with the
best equipment and more staff. Even if Martin had movie-star looks, that
still wouldn't make his lab like the ones on TV. His wish list for new
stuff is as long as the credits on an episode of CSI.
He wants a crime scope, which is an alternative light source used to
make fluids such as semen, saliva, and urine fluoresce. Price tag:
$20,000. The lab has two, but both are a decade old, and the wand keeps
breaking on one, which takes months to fix.
He'd also like GRIM 3, a machine that helps determine the source of
different types of glass - windshield glass, for example, or the
specific prescription of eyeglasses - found at a crime scene. Price tag:
$65,000.
He'd really love to be able to do pyrolysis gas chromatography, which is
great for identifying types of fibers. It can also take something solid,
like a paint chip, vaporize it, and tell investigators which pigments
are there, such as the shade of red Ford used on its pickup trucks
between 1970 and 1975. Price tag: $110,000.
Then there's the scanning electron microscope. Martin's eyes roll back
in his head when he talks about that one. He asks for it every year, and
every year he's told it's not in the budget. A new one costs about
$300,000. "When I worked for Osram Sylvania [a lighting company], we
needed one and it was bought in a month, because you needed this product
to make money. In private industry, if you don't have the tools, you
don't make the money. Well, the state, as you know, doesn't produce a
product."
The list goes on, which is in part why the Sudbury lab was reviewed by a
needs-assessment commission in 2001 to determine why the backlog there
was so severe and why the lab needed more funding to keep up. But it is
getting better. Last month, Martin and Delaney launched a six-month
pilot program designed to improve efficiency and decrease the backlog.
Before, whoever was around from the lab would go to a crime scene, and
then evidence would be passed from person to person without much
continuity. Now a chief crime scene investigator is assigned to one of
three regions in the state and will team up with the lead police
detective on any major crimes in those areas. This real-life CSI will
then follow that case through with the help of four or five crime scene
assistants from the lab.
"We will take the walk-through with each other, that person dealing with
the investigative side, me dealing with the scientific side of the
investigation," says Martin. "From there, we will process the crime
scene and be able to feed investigators information. That doesn't help
an investigator if you just take everything and run into a laboratory
and never give him an answer for months and months and months down the
road."
Back on the family-room couch, Robert Martin is laughing again, this
time at the moody bluish hues that characterize the TV set lab. He grew
up watching Quincy, M.E. - in fact, that's why he got into this business
- so he doesn't mind the idea of crime shows on television. It's just
that sometimes the shows do more harm than good.
Maybe they help with public relations, he allows. Maybe legislators are
watching them, too, which could mean a boon come budget time. In fact,
why shouldn't forensic labs exploit the "CSI effect" for their own
benefit, he's been thinking. Because the way it stands now, real-life
investigators can't keep up.
"Understand, on the TV show, the same five people do everything," he
says. "I've shown you 30, 40 different people who have to do all these
different jobs." Even cops have started to blur how it really works.
"I had a detective the other day say, 'I saw on CSI someone grab
someone's shirt, and they got DNA off it. So, we need to do DNA on this
part of [a suspect's] shirt, because the victim was grabbed here.' And I
had to say, 'You know, you're limited in your samples' " - because of
the money and time it takes. "I'd have to go up to the DNA analyst and
say, 'Someone grabbed him here,' and they're going to say, 'We already
have the semen. Isn't that enough for you?' "
This is what TV has done to criminalists like Martin. "It educates the
jury, and they grow to expect the same from us. That's dangerous.
Hollywood has to stretch it to keep you interested. In real life, we
can't."
© Copyright 2003 Globe Newspaper Company. .
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