Investigating and Prosecuting Strangulation Cases

1. Investigating and Prosecuting Strangulation Cases Bridget Healy Ryan Violence Against Women Policy Advisor Cook County State’s Attorney’s Office

2. ACKNOWLEDGEMENTS • The great and fabulous Mark Wynn • Gael Straeck (San Diego, Family Justice Center) • Dr. George McClain (San Diego) • Dr. Dean Hawley (Indianapolis) • Federal Law Enforcement Training Center (Glynco, GA.) • National Sheriff’s Association (Alexandria, VA.)

3. The Lethality of Strangulation “The use of an object in strangulation increases the likelihood of lethality. Similarly, if the victim blacks out, she/he is in great danger of not regaining consciousness or sustaining brain damage from lack of oxygen.” — George McClain, MD, San Diego Emergency Department

4. Strangulation Study:San Diego, CA • Studied 200 strangulation cases over a five year period. • 62% of victims had no visible injury. • 22% of victims had minor visible injuries. • 16% had significant visible marks. • 199 of the strangulation suspects were male and the average age was in the mid-twenties.

5. Strangulation vs. Choking • Many victims will report they have been “choked” when in technical terms they were the victims of strangulation. • Choking = an internal obstruction of the airway. • Strangulation = a form of asphyxia characterized by closure of the blood vessels and air passages of the neck as a result of external pressures on the neck.

6. Types of Strangulation • Hanging • Ligature • Manual

8. Obstruction of Carotid Artery • Most common cause of strangulation • Results in unconsciousness • 8 pounds of pressure cuts off oxygen flow to brain (less pressure than used to pull trigger of handgun) • Oxygen flow cut off for only 8 seconds can cause critical injury

9. Carotid artery occlusion – 11 pounds of pressure for 10 seconds Jugular vein occlusion – 4.4 pounds of pressure for 10 seconds Vessel Occlusion UNCONSCIOUSNESS

10. Obstruction of Trachea • 33 pounds of pressure completely obstructs • Can cause tracheal fracture, death • Brain death results if strangulation persists for 4-5 minutes

13. No Visible Injuries • Officers should always call EMS due to potential internal injuries, that can be fatal, and might not be apparent. • Because of underlying brain damage by lack of oxygen during strangling, victims have died up to several weeks later.

14. Sore throat Hoarse, raspy voice Loss of voice Difficulty swallowing Fainting, unconsciousness Nausea, vomiting Loss of bodily function Miscarriage Lung damage Scrapes, scratches, claw marks, chin abrasions Thumbprint bruises Bruises behind ears Red, linear marks (often 3) Petechieae (red dots on eye) Rope, cord burns Behavioral changes Signs and Symptoms

15. Actual Strangulation Clip • 8 lbs. of pressure for 8 seconds. • Victim told police “nothing happened.” • Offender ultimately convicted of Assault 2nd Degree.

21. Dangers of Minimization • Professionals • Victims

22. Proving Strangulation Cases without an Autopsy “Never Let A Victim Die in Vain” Dean Hawley, MD, Forensic Pathologist George McClane, MD, Emergency Physician Gael Strack, JD, Director, SD Family Justice Center

23. The Law

24. Strangulation Demands a Felony Arrest & Law Supports It. • Assault with force likely to produce great bodily injury. (PC245) • People v. Covino (1980) 100 Cal.App.3d 600 (force of defendant’s assault by choking was likely to produce a serious injury although victim only had redness to neck and pain to throat). • Attempted spousal abuse (PC273.5) does not require injury. • People v. Kinsey (1995) 40 Cal.App.4th 1621

25. Missouri, Chapter 565, Offenses Against the Person, Section 565.073August 28, 2003 • Domestic Assault, second degree • (1) Attempts to cause or knowingly causes physical injury to such family or household member by any means, including but not limited to, by use of a deadly weapon or dangerous instrument or by choking or strangulation; or • Domestic Assault in the second degree is a class C felony.

26. Minnesota, HF 963, Effective August 1, 2005 • Domestic Assault by Strangulation. • Subd. 1. Definitions. Defines the terms "family or household members" and "strangulation." • "Family or household member" includes spouses, former spouses, parents, children, blood relatives, persons with a child in common, persons residing together, persons who formerly resided together, and persons who are or have been involved in a significant romantic relationship. • "Strangulation" means "intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person." • Subd. 2. Crime. Provides that domestic assault by strangulation is punishable by five years imprisonment and/or a $10,000 fine. ("Domestic assault" is an intentional act to cause fear of immediate bodily harm or death or an intentional act to inflict or attempt to inflict bodily harm upon a family or household member.)

27. Idaho Code Section 18-923 • ATTEMPTED STRANGULATION. (1) Any person who willfully and unlawfully chokes or attempts to strangle a household member, or a person with whom he or she has or had a dating relationship, is guilty of a felony punishable by incarceration for up to fifteen (15) years in the state prison. • (2) No injuries are required to prove attempted strangulation. • (3) The prosecution is not required to show that the defendant intended to kill or injure the victim. The only intent required is the intent to choke or attempt to strangle. • (4) "Household member" assumes the same definition as set forth in section 18-918(1)(a), Idaho Code. 20 • (5) "Dating relationship" assumes the same definition as set forth in 21 section 39-6303(2), Idaho Code.

28. Missouri Oklahoma Washington Idaho Minnesota North Carolina Alaska Hawaii Florida Connecticut Louisiana Oregon Pending California New Laws

29. Premeditation Commonwealth v. Serino, Supreme Judicial Court, Docket No. SJC-07310, March 28, 2002 Evidence that the defendant manually strangled the victim to death was sufficient for jury to find deliberately premeditated murder. The defendant murdered his girlfriend by strangling her. In describing the incident to the police, the defendant admitted that he put both hands around the victim's throat and choked her for "about a minute". At trial, the medical examiner testified that death by strangulation would result only after choking for five to eight minutes. The testimony regarding the length of time it takes to cause death by strangulation allowed the jury to infer that death was not instantaneous but rather the result of sustained pressure applied to the victim's throat for several minutes, thereby allowing the defendant time to reflect on his decision to kill.

30. Likely Defenses in a Strangulation Case

31. Potential Defenses • Self-inflicted injuries • she is trying to set me up. Ask why? • Autoerotica • Evidence of a ligature mark or a hanging • Look for evidence at the scene • Consent – Applied or monitored by sexual partner • she likes sex that way • Bondage • “choke holding” during anal intercourse

32. Trial

33. Trial Preparation • Notice to Defense Attorney • Copy of Expert’s CV • Meeting with expert • The Facts of Case • Questions to Ask • Charts • Pre-trial motion with Judge • Information is Relevant • Expert is Qualified

34. PURPOSE OF THE DIRECT EXAMINATION • Persuasively tell the story • Establish the elements • Leave the jury with a clear understanding of how the crime occurred and why the defendant is guilty

35. THE PRE-TRIAL INTERVIEW: Part I • Prepping for the interview • Read and review all reports and evidence • Prepare a timeline • Identify the strengths and weaknesses of each witness

36. THE PRE-TRIAL INTERVIEW: Part II • Prepping the witness • Put your witness at ease (demonstration) • Give witness the big picture • Remind the witness that the jury is a blank slate – the witness needs to fill in all blanks • Stress the importance of telling the truth – even when they would rather not! • Make sure to show the witness all exhibits • Don’t forget the basics

37. ANTICIPATE THE CROSS • Address the weaknesses • Explain the inconsistencies • It’s okay to say “I don’t know” to stupid questions • Treat the defense attorney with respect (even when they don’t deserve it)

38. ORGANIZING THE DIRECT • Introduce the witness • Humanize the witness • Front the baggage • Set the scene

39. ORGANIZING THE DIRECT, cont’d • Lights, Camera, Action • Lead the witness without asking a leading question • Identify the defendant as early as possible • Make a ten second crime ten minutes • Keep the questions short • Never forget your witness is the star • End strong

40. TRIPLE DIRECT • Take the witness through the story from start to finish • Tell the story again using exhibits • Diagram of scene • Weapon • Photograph • Clothing

41. TRIPLE DIRECT, CONT’D • Have victim tell story for the third time through her sensory perception • OBJECTION!!!! Asked and answered???

42. ORDER OF WITNESSES • Think outside the box • Start strong • Bury the weaker witnesses • End strong

43. DON’T DO THE DON’TS • DON’T use weak words • DON’T redirect (unless you absolutely, positively have to) • DON’T end on a sustained objection • NEVER ask a question that you don‘t intend to argue

44. DIRECT OF VICTIM • Remember these cases are usually he said, she said • Take direct slowly – corroboration is in the details • Deal with “challenging” facts up front • Should ask many of the same questions that responding or follow up officers asked

45. Developing your Local Expert • Emergency room physician - Specialist • Medical Examiner • Certified Forensic Pathologist • Forensic/SANE nurse • Paramedic • DV Detectives • Anyone else?

46. Direct Examination of Expert

47. Foundation of Expert • Current position and duties • Prior work experience • Education • Training • Licenses & certificates • Teaching experience • Published writings • Affiliation to professional Organizations

48. Attempted Strangulation Questions • Received training specific to strangulation? • Examined patients who have reported being strangled? • Applied your training to the examination of those patients? • How many patients have you examined who reported being strangled? • Previously testified as an expert? • How many times?

49. Use suggested questions & customize to your case

50. Use Charts