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Multimedia: An Investigative Tool Presented at the July 2000 CALEA Conference in Schaumburg, Illinois, by John San Agustin, Crime Multimedia Specialist for the El Paso County (CO) Sheriff’s Office.
In March of 1991, a double homicide occurred in an unincorporated area of Colorado Springs. The case was presented to the District Attorney’s office shortly after the crime was committed; however, it was turned down due to the complexity and a lack of understanding of the case. Some of the problems that were associated with the case were the large number of possible suspects, a lack of compelling physical evidence, and the fact that many of the key witnesses were convicted felons. In 1995, Sheriff John Wesley Anderson of the El Paso County Sheriff’s Office, aware of various technologies, asked his staff to reorganize and present the case using multimedia technology. Using no new evidence, the photos, documents, diagrams, animations and videos were integrated into a seamless presentation allowing random access to all pertinent pieces of the investigation. After review by the prosecution, an indictment was formally issued on the suspect. In 1997, the case was brought before the courts. Chief Deputy District Attorney, Dan Zook of the Fourth Judicial District in Colorado used this new technology throughout the trial, from the opening arguments to the closing statements. His overwhelming and persuasive approach to presenting this double homicide resulted in the conviction of Timothy Kennedy on two counts of 1st degree murder. Multimedia is the integration of any type of digitized audio, video, text, graphic, or animation. Whether it is a 911 call, a video of the crime scene, police, lab, and coroner reports, photographs of the crime scene, or an animation depicting the event, all of these media components can be edited and made available through a multimedia application. With the proliferation of digital photography, video, and audio as well as the ability to scan and OCR (Optical Character Recognition) documents, it is now even easier to integrate the various types of media. The first thing needed to create a multimedia application are various media editing software programs and an authoring program.
Some of the software programs needed include but are not limited to Visual Basic, IconAuthor, Authorware, Quest, Adobe Photoshop, and Corel Draw. These editing and authoring software programs are available off the shelf and provide a much quicker prototype development than conventional programming languages. Using an authoring environment also eliminates the "bugs" associated with software development. People skilled as computer programmers and as graphic artists are essential to creating a usable application. However, a person who understands the investigative process and is experienced in organizing cases for law enforcement is the most important component in creating successful applications. This technology was first used in the computer based training arena and made its progression into the law enforcement community. The very first case utilized by the law enforcement community involved three Denver police officers that were being sued for excessive force. The case was put together using interactive diagrams to allow access to photos associated with the incident and an edited video showing the perspective of all parties involved including witnesses, police officers, and the alleged victim. All these pieces of evidence were used in support of the bloodstain pattern expert. This approach proved that the police officers could not have used excessive force and more importantly showed that the alleged victim was not telling the truth about what transpired that particular night. The case resulted in an out-of-court settlement for a fraction of the overall suit.
As mentioned earlier, the most important aspect of developing a multimedia application is the full understanding of the three phases of the investigative process: the initial investigation, the follow-up phase, and the prosecution. Multimedia can be used to improve all three areas. In the initial investigation, photos and videos can be made immediately available to the entire investigative unit as well as command staff. This allows for a more efficient and effective meeting. Many cases are complex and attention to detail is crucial. This technology allows photos to be taken at the scene and processed directly onto the computer using a digital camera. Pictures taken at a crime scene are extremely important and this eliminates any problems that may arise, such as film being misplaced or ruined. Using multimedia during the follow-up phase allows a much clearer and concise approach to handling many aspects of the case. Everything related to the case is accessible from the computer, which allows detectives a better way to research and put the case together. Leads as well as involved parties and potential suspects can be documented in an organized form making retrieval of information easier. In the prosecution phase, multimedia has its largest impact. This is where lay people are presented with the facts about a case. Without proper organization and presentation, this can be a losing battle. Statistics have shown that over two-thirds of an American jury will decide the innocence or guilt of the accused in opening statements. What is so startling is that a large percentage of prosecutors throughout the country are still relying on lecture as their main approach to presenting their opening arguments. Using multimedia such as, videos and photos during opening arguments will emphasize important aspects of the case and set a clear path for the jury to follow. As mentioned before, multimedia originated in the computer based training arena because it was an effective tool in providing instruction via the computer. The main goal of the prosecution is to make the jury see and understand things from their perspective. The prosecution is trying to teach the jury about their case. We come from a multi-modal background, meaning that we learn best when more than one of our senses is stimulated at the same time. For example, instead of passing around one small picture and having each juror look at it individually and then explaining it to the entire jury, it can be projected from the computer onto a big screen. This allows the jury to see the photograph and have it explained to them at the same time. Multimedia captures all audiences regardless of their learning styles when a case is presented using this technology.
There are a number of advantages in using multimedia. The most compelling advantage is that complex information is made understandable. Images are the best communication tool; the saying, "a picture is worth a thousand words" is best illustrated with a multimedia application. Multimedia also allows witnesses and prosecutors to view an entire case in a short amount of time. All pertinent exhibits are available by random access and all key evidence is accessible from one location. There is no longer the need for prosecutors to bring in blown up exhibits. Every exhibit is available through the computer in a portable, user friendly design. Another advantage with multimedia is that exhibits are placed in context and jurors view only the pertinent issues and not the "noise" associated with a particular exhibit. All of the information needed to present a case is available at the touch of a button which reduces the time and money it takes to present a case. Clarity of the presentation can also result in the reduction of jury deliberation. The best example of this was in the People of the State of Colorado v. Nathan Dunlap. This was a death penalty case that prosecutors initially estimated would last approximately two months. The trial took just over twenty days, including the death penalty phase, before the jury came back with a 1st degree verdict as well as a death penalty verdict.
The impact of multimedia technology in law enforcement is crucial for major crime investigations. It allows everyone from the first investigator on the scene to every single juror to comprehend the case from the beginning to the end. More agencies need to use this technology in order to have better results in effectively prosecuting criminals. This technology can be used whether the case is new or a ten year old unsolved crime. The use of multimedia should also be considered in cases involving civil lawsuits against a department. Although it takes an experienced team and an initial investment to effectively use multimedia in law enforcement, the benefits and rewards for the entire community cannot be overlooked.
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John develops multimedia applications for complex investigations as well as
grand jury and court proceedings, based on physical evidence and expert opinion.
He assists in analysis of crime scenes to include collection and preservation of
physical evidence, analyzes the physical evidence, and identifies areas of
possible follow-up investigations. He developed the first case used in the
United States using multimedia technology as an organizational and presentation
tool in both civil and criminal proceedings.
The persuasiveness of multimedia is another advantage in presenting cases to
a jury. Seeing an autopsy photograph of a victim next to a picture of them when
they were alive will undoubtedly have an impact on a jury. Animation is another
persuasive approach that can be utilized, because it shows the jury the way the
crime occurred in the eyes of the prosecution.