Post on 11-Mar-2018
transcript
BY ROBERT SBERNA
Many of us were fortunate to have a respected teach-
er or family member influence our career paths. Douglas
Rohde, the Supervisor of Chemistry and Toxicology at
the Lake County Crime Laboratory, had the benefit of
three strong influences.
As a student at McDowell High School in Erie, Penn-
sylvania, Rohde says he had three motivators for his ca-
reer in forensic science. “The first was my chemistry
teacher, Mr. Richard Moore,” he says. “He made chemis-
try fun, and it was in his class during the late seventies
when I first used an electronic calculator instead of a
slide rule.”
The second influential person in Rohde’s life was his
aunt, Paulina Wagar, who lived in Avon, Ohio and
worked as a nurse at Bay View Hospital with Dr. Sam
Sheppard. Rohde says his aunt would often talk about
Sheppard, a reputed womanizer who was convicted of
killing his wife in 1954, but later acquitted. The Shep-
pard case was among the most sensational in U.S. histo-
ry and served as the (CONTINUED ON PAGE 3)
Doug Rohde’s OVI: Objective, Vocal & Influential
BY ROBERT SBERNA
On Sept. 10, 1995, business was brisk at Pickle Bill’s,
a popular seafood restaurant in Grand River. At 11 p.m.,
Donald, a part-owner of the restaurant, prepared the
day’s receipts—about $22,000—for deposit at a bank in
Mentor.
The money was placed in two satchels and loaded into
the rear of Donald’s van, which had been parked behind
the restaurant. Donald, 65, then settled himself into the
driver’s seat and began the 10-minute trip along Heisley
Road to the bank. Suddenly, he felt the sharp edge of a
knife pressed against his neck. A man emerged from his
hiding place in the back seat of the van and screamed at
Donald to turn at the next intersection.
(CONTINUED ON PAGE 5)
In a Pickle: Caught Red-Handed
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PAGE 1
THE
CRIMESCENE NEWSLETTE R OF THE LAKE COUNTY C RIME LABORATO RY
Douglas Rohde, M.S.
PAGE 2
Frequently Asked Questions
Q: I have been told that you should submit cell
phones to the crime lab with the battery removed, but
some cell phones do not have removable batteries.
What is the correct way of submitting cell phones?
Also what are the new search warrant requirements
as related to cell phones that I have heard about?
A: The best practice to use, for most cases, would be
to remove the battery from the mobile device immedi-
ately upon collection. In the event that the battery can-
not be removed (as with iPhones) turn off the mobile
device as soon as possible.
There are a couple of reasons for this procedure. Re-
moving the battery prevents the submitted device from
accidently being powered up and data being changed
after the date of collection.
The other reason is to prevent remote destruction of
the data stored on the phone. A remote “kill” command
can be sent to most smart phones. A “kill” command
will disable or wipe the phone before it can be shut
down or placed in “Airplane” mode. Once a device is
remotely disabled or wiped, no data recovery is possi-
ble.
At the Lake County Crime Laboratory, all mobile
devices are first examined in a Faraday box. The spe-
cialized material used in the construction of the Fara-
day box isolates the cell phone from radio frequency
signals when the Faraday box is closed. A Faraday box
prevents the cell phone from connecting with the cellu-
lar network and receiving extraneous data or a “kill”
command.
To answer the second part of your question, in a
recent landmark decision regarding searches of cell
phones, the U.S. Supreme Court held in Riley v. Cali-
fornia, 134 S.Ct 2473, dated June 25, 2014, that cell
phones are no longer to be considered like wallets that
may be searched incident to arrest or with any other
field stop. A search warrant or consent to search the
phone must be obtained prior to conducting a search.
Due to the nature and volume of sensitive infor-
mation stored in a smart phone or even a simple flip
phone, the U.S. Supreme Court unanimously agreed
that the privacy of the phone’s owner outweighed the
needs of law enforcement.
The U.S. Supreme Court suggested that the “exigent
circumstances” exception to the warrant requirement
may apply. The Court listed examples of exigent cir-
cumstances: to pursue a fleeing suspect, to assist per-
sons who are seriously injured or are threatened with
immediate injury, discovery of some immediately dan-
gerous instrumentality such as explosives, or a child
abductor who may have information about the child’s
location on his/her phone. These examples are not ex-
haustive but demonstrate that it is the urgency of the
situation, requiring immediate action, that may justify
the exception. Search warrant requirements are always
fact specific. If there is any doubt, it is better to obtain a
search warrant.
The Lake County Crime Laboratory’s standard oper-
ating procedure requires a search warrant or signed
consent form before any digital evidence examination
can begin.
For questions, please contact Jamie Walsh, Digital
Evidence Examiner, at (440) 350-2793 or
jwalsh@lakecountyohio.gov.
ANSWERED BY JAMIE WALSH EXPERT IN DIGITAL EVIDENCE
This Column
Answers
Questions
Commonly
Asked of our
Scientists
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A cell phone being isolated inside the Faraday box.
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Doug Rohde’s OVI: Objective, Vocal & Influential
Continued from Page 1
HIGHLIGHTS
Board Certified - American
Board of Criminalistics
and the American Society
for Clinical Pathology
Academic Appointments -
Cleveland State, John Car-
roll and Ohio Northern
Universities
Delegate - National Safety
Council Committee on
Alcohol and Other Drugs
Scientific Advisor - Ohio
Governor’s Task Force on
Impaired Driving
Manuscript Reviewer -
Journal of Analytical Toxi-
cology
Contact Info:
(440) 350-2793
drohde@lakecountyohio.gov
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inspiration for “The Fugitive” TV series
and movie.
Rohde’s third influence was “Quincy,
M.E.,” a TV series in which Jack Klug-
man played a medical examiner who
solved crimes with the help of his lab
assistant, Sam. The series ran from
1976-1983 and was the first show to
make forensic science and laboratory
work seem exciting.
With his interest in chemistry in-
spired by his teacher, and his interest in
forensic science fueled by Quincy and his
aunt’s memories of the notorious Shep-
pard, it’s no surprise that Rohde is a
member of the Crime Laboratory’s team.
Rohde joined the Laboratory in 2000
as a forensic chemist/toxicologist. He
began his career 17 years earlier as a
medical laboratory technician at an Erie
hospital.
At that time, Rohde had hoped to find
work in the forensic science field. “But
forensic jobs were scarce in Erie,” he
says. “The only way I could get my foot
in the door was by taking a job as a lab
technician in a medical setting. The la-
boratory I worked at ran tests not only
for hospital patients, but also for the
Erie County Coroner, so I was able to
gain experience performing blood alcohol
concentrations and toxicology screens.”
While working second-shift at the
Erie laboratory, Rohde earned his bache-
lor’s degree in chemistry at Gannon Uni-
versity. After graduation, Rohde relocat-
ed to Cleveland to improve his chances
of getting a forensic science job and to
pursue a master’s degree in clinical
chemistry at Cleveland State Universi-
ty. In Cleveland, Rohde attended classes
in the evening while working days as a
medical and research technologist at the
Cleveland Clinic.
In 2010, Rohde was appointed to his
current position as Supervisor of Chem-
istry and Toxicology. His many responsi-
bilities include overseeing the testing of
suspected drugs that have been submit-
ted as evidence to the laboratory.
“Basically, when we’re examining
evidence, we’re trying to identify any of
the ‘four Ps’ that may be involved, which
are pills, powders, plants (such as mari-
huana), and paraphernalia,” he ex-
plains.
Rohde also supervises the Crime La-
boratory’s toxicology section, in which
tests are performed on body fluids and
tissue samples to identify drugs or
chemicals that may be present.
He notes that the Lake County Crime
Laboratory offers advantages over other
laboratories because of the broad scope
of its chemical testing. “For example, we
do poison analyses, which many labora-
tories do not perform,” he says. “At the
Crime Laboratory, I wear two hats. Not
only am I a chemist, but also a toxicolo-
gist, with a background in both clinical
and forensic toxicology.”
(CONTINUED ON PAGE 4)
Doug Rohde’s OVI: Objective, Vocal & Influential Continued from Page 3
PAGE 4
Along with his analytical duties, Rohde is also
responsible for ensuring correct procedures are fol-
lowed in his section. “I make sure that the science is
valid and that quality control is continually moni-
tored and improved,” he says.
Quality control is a vital element of laboratory
accreditation. Rohde says the Lake County Crime
Laboratory’s accrediting body, the American Society
of Crime Laboratory Directors/Laboratory Accredita-
tion Board (ASCLD/LAB), has recently made signifi-
cant changes in their guidelines for drug chemistry
and toxicology.
“An important part of my job is keeping up with
changes in the ASCLD/LAB standards document
that affect my section,” he explains. “I have to make
sure that what we do is in line with their guidelines.”
When Rohde is asked to name the favorite aspect
of his job and the most challenging aspect, he says,
“Testifying in court is both my favorite and most
challenging. It’s enjoyable because I view a jury like
a classroom of students. I want to leave them with a
little more knowledge of chemistry or toxicology than
they came in with. When I’m able to convey the com-
plexity of the science to a jury in a way that’s under-
standable to them, I get a lot of satisfaction from
that.”
The challenge of testifying occurs, he says, when he
faces lengthy cross-examination by attorneys who are
intent on discrediting his testimony. Rohde is often “lent
out” by the Crime Laboratory to other prosecutor’s offic-
es throughout the state to provide opinions and testify
as an expert witness in vehicular homicide cases involv-
ing alcohol and/or drugs.
“Those are always impactful cases because there are
two very emotional families in the courtroom - the fami-
ly of the victim and the family of the driver,” he says.
“To make it even more complicated, sometimes I’ll offer
an opinion on a person’s impairment without any toxi-
cology findings. I then have to rely on police reports,
witness statements and human physiology to construct
an expert opinion. In those situations, I know I’m going
to get hit hard by the attorneys, much like a quarter-
back with a weak front line.”
While he is generally successful in maintaining his
courtroom composure, Rohde admits his temper occa-
sionally surfaces. “If attorneys question my results or
opinions, that’s fair,” he says. “But when they question
my integrity, I get irritated. I have pride in the Lake
County Crime Laboratory and in what I do. Reputation
and legacy are important to me.”
Rohde is a sought-after lecturer and consultant in
forensic science. He also serves as an adjunct professor
at three universities in Ohio. He says he is not only pas-
sionate about his career in forensic science, but also as
an advocate for the profession.
“A number of people helped me and advised me in my
career when I was younger, so now I enjoy helping
young people who are considering forensic science as
their career,” he says. “Unfortunately, TV shows such as
“CSI” portray this field as sexy and glamorous, which
gives kids false expectations about the job. Often they
don’t realize that they will need a strong foundation in
chemistry or biology. I tell students that if they aren’t
taking science courses in college, they won’t be able to
secure a job in this field. Many are surprised by this
fact.”
Rohde and his wife live in Concord Township. They
have four adult children and three grandchildren and
enjoy being empty nesters.
He considers himself fortunate to work at the Lake
County Crime Laboratory in his current position. “It’s
my dream job,” says Rohde. “This is the pinnacle of my
career. It’s what I want to do until I retire.”
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Rohde testifying in Seneca County in State v. Waldock.
Photo courtesy of The Advertiser-Tribune
As the vehicle turned right onto Blackbrook Road,
the man drew closer to Donald, his beard bristling
against the back of Donald’s neck. He reached into
Donald’s pocket and removed $1300 of his personal
money. He then ordered Donald to drive to the end of
Blackbrook, a dead-end road. Afraid that he would be
killed in the secluded area, Donald made a split-second
decision to escape. He pushed the knife away from his
neck, opened the driver’s door and lunged out of the
van. During his struggle to get away, Donald incurred
several knife cuts on his neck and hands.
The robber then jumped into the driver’s seat and
drove away, nearly running over Donald, who was lying
in the road. He drove to Heisley Road, where he aban-
doned the van. The robber fled with the Pickle Bill’s
money, but left behind critical evidence. He had cut
himself while grappling with Donald. A tiny amount of
his blood had dripped onto the van’s seats.
The next day, Mentor police processed the van for
evidence, using a swab dipped in water to collect the
dried blood. They also collected hair, fibers, finger-
prints, and a cigarette butt from the rear ashtray of the
van. The evidence was sent to the Lake County Crime
Laboratory, along with hair and saliva samples from
Donald and several other Pickle Bill’s employees who
had access to the van.
At the time, police were unsure whether the blood
evidence came from the employees, Donald, or the rob-
ber. Since Donald was unable to provide police with a
good description of his assailant, investigators hoped
that the Crime Laboratory’s DNA analysis could pro-
vide the help they needed to identify the suspect.
At the laboratory, serologist Linda Erdei (now the
director of the Crime Laboratory) was up to the chal-
lenge of developing a DNA profile from the minute
blood sample. Just two years earlier, Erdei had spear-
headed the establishment of the Lake County Crime
Laboratory’s DNA unit. In 1995, the Crime Laboratory
was one of the first laboratories in Ohio to offer DNA
testing—a giant leap forward from conventional sero-
logic analysis, which could only detect the blood type of
a person.
Erdei’s first task was confirming that the blood col-
lected by Mentor police was, in fact, human blood. She
then performed polymerase chain reaction (PCR) analy-
sis on a segment of DNA from the blood droplet, repli-
cating it millions of times into a quantity large enough
to determine a DNA fingerprint.
On Sept. 13, 1995, only two days after receiving the
evidence, Erdei called Mentor police with her results.
The DNA extracted from the blood was a match for
Donald, however, there was a second unidentified DNA
profile. Erdei also analyzed DNA from the standards
collected from the other Pickle Bill’s employees. Their
DNA did not match the blood found in the van.
Police now had DNA from a possible suspect, but
without a match, the investigation was at a standstill.
Two months later, however, police had the break
they needed. An informant tipped off detectives that
Painesville resident Michael A. Nelson had admitted to
a mutual friend that he committed the Pickle Bill’s rob-
bery.
Detectives interviewed the mutual friend, who was
Nelson’s ex-girlfriend. She said Nelson told her that he
“hid in the Pickle Bill’s van and robbed an old guy of
$20,000.” She added that Nelson said he lost half of the
money while running through the woods after he aban-
doned the van. The woman also gave detectives the
eight-inch-long stiletto knife that Nelson had allegedly
used in the robbery.
In the early afternoon of Nov. 29, 1995, Mentor po-
lice detectives Thomas Walsh and Daniel Llewellyn
arrested Nelson, 32, at the machine shop where he
worked. Nelson initially denied any involvement in the
robbery, but when he was informed that blood had been
found in the van and had been sent for processing, he
admitted to the crime. (CONTINUED ON PAGE 6)
In a Pickle: Caught Red-Handed Continued from Page 1
PAGE 5
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Pickle Bill’s as it appears today.
PAGE 6
Nelson told Walsh and Llewellyn that he had
watched the restaurant for about four years and knew
that Donald drove a van and had a lot of money. He
said he entered Donald’s van and fell asleep in the rear
seat, awakening when Donald opened the rear door and
threw the bags of money inside. Claiming that he took
only about $6,800 from the van, Nelson said he spent
the money on a three-day crack cocaine binge.
Although Nelson told detectives, “You won't find my
blood in the van because I didn't get cut,” he agreed to
provide hair and saliva samples for testing. On Dec. 1,
1995, Erdei notified Mentor police that Nelson’s DNA
was a match for the blood evidence collected from Don-
ald’s van.
Despite his verbal confession to police, Nelson plead-
ed not guilty to charges of felonious assault, aggravated
robbery and kidnapping. In April 1997, after a jury tri-
al, he was found guilty and sentenced to 12 to 25 years
in prison.
In reflecting on this case, Chief Assistant Prosecut-
ing Attorney Karen Kowall had the following to say, “In
looking back at this case, the science stands out as a
critical piece that helped secure this conviction. The
Defendant had confessed to then Detective Daniel
Llewellyn, but claimed that his rights had been violat-
ed. A confession is always subject to attack by defense
counsel, and later the Court of Appeals, but the science
is rock-solid and heavily tipped the scale towards a
guilty verdict.”
Erdei credits the Crime Laboratory’s DNA Analysis
unit and the Mentor police for their roles in identifying
Nelson and bringing him to justice.
“The key to solving this crime was the fact that the
Mentor Police Department properly collected and pre-
served blood samples from the crime scene and submit-
ted them to the Lake County Crime Laboratory,” Erdei
says. “We were then able to utilize PCR DNA technolo-
gy, which was the most advanced technology at that
time, to differentiate whose blood was in the van. Our
DNA analysis put Michael Nelson in the vehicle.”
The Nelson case, says Erdei, is a great example of
how state-of-the-art technology can help solve crimes.
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In a Pickle: Caught Red-Handed Continued from Page 5
After being
found guilty of
Aggravated Rob-
bery, Kidnap-
ping, and Feloni-
ous Assault, Nel-
son was sen-
tenced to serve
a prison term of
12 to 25 years.
Pictured left is Donald’s van. Pictured above is the front driv-
er’s seat of the van where blood droplets were observed and
subsequently analyzed by the Crime Laboratory.
PAGE 7
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Service, Integrity and Truth:
The Evolution of the Lake County Crime Laboratory Part One of Three Parts
BY ROBERT SBERNA
For 41 years, local law enforcement agencies have
relied on the Lake County Crime Laboratory for crucial
assistance in fighting crime.
From its beginnings as a one-person laboratory that
processed drug cases, the Crime Laboratory has grown
to 13 scientists and three support staff and is accredited
in eight forensic disciplines. Each year, the Laboratory
processes more than 2,200 new cases.
The history of the Lake County Crime Laboratory
began in 1973 when Judge Paul Mitrovich—then the
Lake County Prosecuting Attorney—saw the necessity
for a local laboratory to take in and process evidence. At
the time, Lake County’s police departments were trans-
porting their evidence to the Ohio Bureau of Criminal
Investigations (BCI) laboratory in London, about 25
miles southwest of Columbus.
“That meant that two police officers had to spend a
day driving their evidence to London. Then go back
again to retrieve it,” said Mitrovich.
In addition to the geographical inconvenience of the
BCI laboratory, there was never an assurance that an
expert from BCI would be available to drive 200 miles to
Lake County to testify if a case went to trial.
Although there was a pressing need for a local labor-
atory, Mitrovich said the area’s police chiefs were ini-
tially opposed to the establishment of a crime laboratory
in Lake County.
Mitrovich, however, pushed forward and established
the Laboratory on June 18, 1973 with the assistance of
a federal grant. In its first year, the Laboratory’s sole
employee was Dr. Ahmed Sharif, who performed tests
on controlled substances. The entire Laboratory then
consisted of a single room in the basement of Lakeland
Community College. A year later, new Laboratory direc-
tor Dr. Philip Bouffard oversaw the migration of the
Crime Laboratory to the upstairs of the building that
now houses the Lake County Building Department.
This relocation provided more space for equipment and
personnel, which enabled the Laboratory to add new
technology and increase its services.
Dr. Bouffard, for his part, was nationally known for
his work in forensic document examination, including
the use of the Haas Typewriter Atlas, which was used to
identify the make and model of a typewriter that pro-
duced a typed document, such as a blackmail note or a
threatening letter. Since the Atlas was cumbersome to
operate, Dr. Bouffard took the innovative step of hiring
a computer programmer to produce a digital version of
the Atlas that is still used today by forensic experts who
examine questioned documents.
From its earliest years, the Lake County Crime La-
boratory has committed itself to adapting its focus and
implementing new technologies to keep pace with the
changing nature of crimes, a practice that pleases Mi-
trovich, who served as a Lake County Common Pleas
Court judge from 1979-2008.
“As soon as something new in technology comes up, I
wanted them to be involved with that, and they have
been,” he said.
(CONTINUED IN THE NEXT EDITION)
Then Prosecuting Attorney Paul H. Mitrovich standing next
to the first mobile crime scene vehicle circa 1974.
Then Prosecutor Mitrovich and former Lab Director
Dr. Bouffard showcasing equipment in the first Crime
Laboratory at Lakeland Community College.
PAGE 8
LAKE COUNTY CRIME LABORATORY 235 Fairgrounds Road • Painesville, OH 44077
(440) 350-2793 • fax (440) 350-2731
An ASCLD/LAB-International Accredited Laboratory since 2009
An ASCLD/LAB-Legacy Accredited Laboratory 2000-2009
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Lake County Crime Laboratory
Earns Prestigious Reaccreditation
Lake County Prosecuting Attorney Charles E. Coul-
son announced that the Lake County Crime Laboratory
has received international reaccreditation from the
American Society of Crime Laboratory Directors/
Laboratory Accreditation Board (ASCLD/LAB).
The recent reaccreditation by the ASCLD/LAB-
International, the world’s largest forensic science accred-
iting organization, demonstrates that the Crime Labora-
tory meets or exceeds the standards of excellence estab-
lished by the international scientific community.
To earn reaccreditation, the Laboratory underwent a
rigorous evaluation of its management system, technical
procedures, personnel qualifications, and quality assur-
ance program. The evaluation included an onsite assess-
ment of the eight forensic disciplines performed by the
Laboratory: Drug Chemistry, Toxicology, Trace Evi-
dence, Biology (DNA), Firearms/Toolmarks, Latent
Prints, Crime Scene Analysis, and Digital/Multimedia
Evidence.
The Laboratory was first accredited by the ASCLD/
LAB in 2000. In 2009, the Laboratory achieved ASCLD/
LAB-International accreditation, the most stringent des-
ignation for crime labs worldwide. In order to keeps its
accreditation, the Crime Laboratory must be rigorously
inspected and reaccredited every five years. This inter-
national accreditation is a seal of approval for the Labor-
atory that strengthens its credibility in that the evi-
dence presented in criminal proceedings has been ana-
lyzed under the most exacting scientific principles.
Coulson said the successful completion of the reac-
creditation process is a testament to the exceptional
work of the Laboratory scientists and staff.
“We’re proud that we’ve received international reac-
creditation in all of the disciplines that we perform,” said
Coulson. “We look forward to continuing to provide the
highest quality of service and results in an expedient
manner that enables law enforcement agencies to solve
crimes.”
The CRIMESCENE
A quarterly publication of the Office of the Lake County Prosecuting
Attorney, www.LakeCountyProsecutor.org. For questions, comments,
or to receive an electronic copy of this newsletter, please contact us
at:
(440) 350-2793
or
CrimeLabNews@lakecountyohio.gov
© 2014