THE MAGNOLIA PRINT
Volume 10">


 

 

THE MAGNOLIA PRINT
Volume 10">


 

 

THE MAGNOLIA PRINT
Volume 10">


 

 

THE MAGNOLIA PRINT
Volume 10, Number 2

Message from the President

Feature Article "Using Mold Characteristics in Footwear Examinations"

Ninhydrin and Latent Prints

AFIS IN ACTION

SAY WHAT!?!

 

 

Message from the President
Carla Pope

Thank you for electing me to serve as your 2001-2002 president.  I assure you that each action taken by the board of directors and officers during this term will be guided by the best interest of the MDIAI.  We are excited about serving this year and look forward to receiving your suggestions for making this an even better organization. 

 We certainly have some big shoes to fill.  The 2000-2001 officers did an outstanding job, which was evident in the success of our two training conferences.  Special kudos goes to Ron Smith and Chuck Jenkins for coordinating our fall and spring training conferences this past term.

The fall 2001 training conference has already been scheduled for November 1 & 2 in Jackson with the return of Lt. Col. Dave Grossman.  He is a remarkable man and presenter.  Please make plans to attend and send in your registration information ASAP because space is limited.  Be sure to check out our new website at MDIAI.org for information regarding upcoming training conferences.  Also included in the website is information about MDIAI, a membership application and email links to the officers.  If you are not a member and you wish to join, simply email one of the officers for a recommendation.  If you are already a member, I encourage you to spread the word about this great organization and recruit new members.  We welcomed 16 new members at our last conference; I'd like that trend to continue.

                 Again, your new officers look forward to serving you.  If you need something we are only a mouse-click away. J

 Take care,

Karla M. Pope

 

 

Using Mold Characteristics in Footwear Examinations,
Dwane S. Hilderbrand, CFE, Latent Print Examiner III, Scottsdale Police Crime Laboratory, 9065 E. Via Linda, Scottsdale, Arizona, 85258

Abstract

            The conclusions of many footwear examinations have resulted in the use of wear characteristics and tread design, however, mold characteristics, which are often overlooked, can become a vital part of the examination process. Although a positive identification cannot be made using mold characteristics, they may assist the examiner in further reducing the number of other shoes that could have made the unknown impression.

            Mold characteristics, as they relate to the outsole design of a shoe, are caused during the manufacturing process of the outsole. The use of these mold characteristics or "defects" can provide additional information about the known and unknown shoes. In many cases, mold characteristics can be utilized to eliminate known shoes as having made a particular unknown impression. By contacting the manufacturing company and dealing directly with them, pertinent information can be obtained as to the known and unknown shoes that could have made or originated from the same mold. Particular attention is given to the use of mold numbers and how they are related to the manufacturing process. How and why a footwear examiner should utilize a manufacturing company and surrounding shoe stores in retrieving pertinent information related to the mold of a particular outsole. A case study will show that mold characteristics or "defects" assisted in the examination of footwear impressions.

 

Introduction

            In the book, Footwear Impression Evidence, Mr. William Bodziak writes, "Shoe are a fascinating item of clothing".  Mr. Art Buckwalter once wrote in Science Catches the Criminal, "the impressions are unique only when the object that makes them has unique characteristics".

            On occasion, footwear examinations and conclusions have resulted in the use of physical and wear characteristics and characteristics that are created accidentally, either by the individual wearing the shoe or by the manufacturing company; however, mold characteristics, which are often overlooked, should be a vital part of the examination process. Although a positive identification cannot be made using only these types of characteristics, they may assist in further reducing the number of possible shoes that could have made the impression. Throughout the world footwear examiners have expressed their findings and results with statements as "corresponds in physical shape and size, tread design and wear characteristics as the known shoes(s)...".  However, in some cases where there are sufficient mold defects or characteristics a conclusion to an examination could be,  "…the shoe that made the crime scene impression(s) came from the same mold as the suspect's known shoe(s).  Consequently, this along with a few accidental characteristics would not only narrow down the number of known shoes that could have made the unknown impression, but also enable a more positive identification.  Knowing and understanding the logistics of the mold process of the outsole of a particular shoe and being able to recognize mold defects or characteristics plays a major part in enabling the footwear examiner to enhance not only their ability to make comparisons, but also to further explain their findings. 

 

            Mold characteristics, as they related to the outsole design, can be caused during the manufacturing process of the outsole or the making of mold itself. These characteristics can be major or minor defects, depending on the company. Whether the Quality Controller of the company allows 1 or 1,000 shoes containing these defects to be released for sale depends on the cost and the severity of the characteristics. Molds themselves can be very costly and ranges well over $5,000 each. The mold process, which comprises the manufacturing of the outsole, can vary from different methods such as injection molds, compression mold, an open-pouring mold or calendar mold.  Mold characteristics can be caused by many different events ranging from air bubbles to a minute piece of foreign debris that has fallen into the mold during the pouring process, to the defect that is in the original mold.  Mold characteristics should be considered and the manufacturing company contacted any time a question arises as to an unexplainable characteristic.  When dealing with the difference between random characteristic and mold characteristics, it can be the difference between a positive identification and a false positive identification. Checking first with the local shoe stores to review the same brand and size of the shoe may assist or direct the examiner in the right path. 

            With a mold number from the known shoe the manufacturing company is capable of tracking down the mold of the outsole and supplying the examiner with pertinent information on any mold defects that are observed.  This mold number is usually located on the topside of the molded outsole and is easily obtained by removing the insole. Some companies have placed coded numbers on labels located inside the shoe. With these coded numbers the manufacturing company can locate pertinent information relating to the design and sale of the shoe.

Case Study

            During the course of an armed robbery investigation, faint footwear impressions were noticed on a counter top used by the suspect to enter and exit the scene. The impressions were dusted with black fingerprint powder by a crime scene specialist, lifted and turned over to the crime laboratory for further examination. A suspect was apprehended the same day and his known shoes were removed and turned over to the laboratory. The unknown impressions were determined to be those of a K-SWISS, Si-18 brand athletic shoe with an approximate size between 9-11.

           

The suspect's shoes were documented, photographed and test impressions taken prior to the examination. The shoes were then closely examined for detail. The suspect's shoes were described as; K-SWISS, Si-18 band athletic shoes, size 10.5.

         
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 


K-SWISS Shoes

            The K-SWISS, Si-18, athletic shoe's original mold is made through the hand milling process, which is a mold type that uses a pantograph to transfer a design from precut templates into a steel or aluminum ally mold blank.  The outsole is then produce through the compression mold process, which basically is where a biscuit of a durable rubber compound is placed into the mold cavity and closed. Heat and pressure is then applied to the compound to form the outsole design. Any defects that may be present in the mold will be reproducing in the outsole design.

            Here lies a typical case where an examiner could determine and write "the unknown impressions and the outsoles of the known shoes originated from the same mold". By contacting the manufacturing company they can assist in the narrowing down the number of possible shoes that could have made the unknown impressions.

 

 

 


 

The Examination

            During the examination of the known right shoe belonging to the suspect it was noticed that the outsole contained eight points of what appeared at first to be mold defects or imperfections, that were in question. Five of these points were also observed in the unknown impressions. The manufacturing company was contacted and given the label information found on the inside of the upper. The company advised that the uppers were made specifically for and only sold by the Footlocker Athletic Shoe Stores.

            After visiting numerous Footlocker Athletic Shoe Stores and other athletic shoe stores and finding no other shoes of the same tread design and size bearing the same points in question, the manufacturing company's legal department was contacted for further detailed assistance. The following information was provided by the company and was used to assist in the examination of the suspect's shoes. 

            Listed are the questions that were asked to the manufacturing company reference the construction of the outsole and what appeared to be mold defects that were visible on the K-SWISS shoe. Also listed are the responses from the company and the examiner's opinion to that response. It should be noted that these are the opinion of this examiner and not the views of every footwear examiner.


 

Results

 

Point #1

 

Question:          Missing the lower part of the “p” in the word Hypalon, is this a defect in the original mold?

 

Response:         This is a mold defect. It is reflected in as many as 1000 right shoes.

 

Examiner’s

Opinion:           Mold defect, not wearing. Upon closer microscopic examination of the letter “y” and the letter “p” on the left outsole they appear to be of the same length and depth and yet on the right outsole the lower portion of the letter “p” is missing while the letter “y” in still present. If the lower portion of the letter “p” is missing due to wear, would the lower portion of the letter “y” not also have been eliminated?

     
 

 
 

 
 

 

 

 

 

 

 

 

 

 


Point #2

 

Question:          Was this indentation caused by defect or random wear?

 

Response:         This is not a mold defect. This was made during the wear of the shoe (random). Virtually impossible for any two shoes to have this exact mark in the exact same located.

 

Examiner’s

Opinion:           Made and caused by the person wearing the shoe. Accidental (damaged) identifying characteristics. Microscopic examination shows a slight puncture in the rubber with jagged edges.

 

 

 
 

 

 

 

 

 

 

 

Point #3

 

Question:          These two indentations do not exhibit any jagged edges. Were they made from air bubbles?

 

Response:         The company states they are air bubbles in the rubber.

 

Examiner’s

Opinion:           Because they are indentations and smooth they are air bubbles.

 

 

Point #4

 Question:          The corner of the rectangle appears to be worn off.

 Response:         The company was not sure, but believes this was from wear. If not from wear, it was another air bubble in the rubber. Possibly as many as 1,000 shoes.

 

Examiner’s

Opinion:           Accidental (damaged) characteristic. Microscopic examination exhibits the characteristics of a rounding edge with jagged corners. Could not have been caused by an air bubble.

 

 
 

 

 

 

 

Point #5 & #6

 

Question:          The “A” & “O” in the word AOSTA appear to be attached on the right outsole and not on the left. The copyright symbol “R” between the word AOSTA and RUBBER is not as conspicuous in the right outsole as it is in the left.

 Response:         Mold defects. In as many as 1,000 shoes.

 Examiners

Opinion:           Mold defects within the mold its self.

 NOTE: The Aosta Rubber is a durable rubber compound that was developed exclusively for K-SWISS. It is found in most K-SWISS high performance athletic shoes. 

     
 

 
 

 
 

 

 

 

 

 

 

Point #7

 Question:          The tail on the “M” in the word MARKING does not appear on the left outsole. This appears to be an over cut in the original mold.

Response:          An air bubble in the rubber and not in the mold caused the tail on the “M”. A lot of outsoles will have air bubbles shown here, but they are completely random and for two outsoles to shoe exactly the same shape is virtually impossible.

 

Examiner’s

Opinion:             This is a mold defect, possibly in the original mold. It could have also been caused during the pouring process. If caused during the pouring debris would have had to fall into the mold during the pouring process and was then removed when the outsole mold was removed making this individual. However, depth measurements taken and measured and compared to the rest of the outsoles wording indicate this to be a mold defect in the original mold.

         
 

 
 

 
 

 
 
 

 

 

 

 

 

 

 

Point #8 

 

Question:           The COPYRIGHT symbol does not appear on the right outsole and yet it does appear on the left. The copyright symbol on the left outsole is approximately 1 mm in depth.

 Response:          This was caused by wearing.

 Examiner’s

Opinion:             Depth measurements taken of the outsole design indicate that wearing is not present; therefore the copyright symbol is a mold defect and does not have any characteristics of wearing. Also, upon total examination of the outsole, there is very little indication of wearing.

 

                                  

  

Point #9 

 

Examiner’s

Opinion:             Wearing characteristics. Also within this area numerous accidental characteristics can be observed.

 

 
 

 

 

 

 

 


The Final Report

The questioned impressions depicted on the items and their prospective photographs have been positively identified as having been made by the right shoe of the suspect’s known shoes. These impressions also contain several mold characteristics evident in the impressions and they agree with the respective characteristics in the suspect’s known right shoe. The manufacturing company was contacted, and it was determined that the suspect’s right shoe and the right shoe that made the unknown impressions did originate from the same mold.

Conclusion

As footwear examiners we are challenged every day with making a decision as to the identity of a particular footwear impression(s) based on out training and experience and yet we forget to use the manufacturing companies for pertinent information. In most cases these companies can and will provide us with additional information that may assist us further in our examinations and save us valuable time. Although we must remember that even though the manufacturing companies are contacted and specific information provided, we may not always agree.  Keep in mind that in most cases we provide the companies with two-dimensional photographs and not with the original shoes in order for them to make their decisions.  It is also important to understand that to a manufacturing company the word “unique” is defined as “usually” and to us as examiners the word should be defined as “only one”. As footwear examiners we must learn to be confident in our own experience and training to make that final decision using the “best evidence” rule.

Acknowledgment:

I would like to personally thank Mr. Doug Williams of the Scottsdale Police Crime Laboratory Photography Section for his valuable service and assistance in preparing the photographic illustrations.

 REFERNCES:

 

American Shoemaking Directory, Cambridge, MA, 1989

 Bodziak, William J., Footwear Impression Evidence, New York, New York, Elsevier, 1990.

 Bodziak, William J., Footwear Manufacturing Presentation. July 1993. Presented at the 78th Annual Educational Conference, International Association for Identification, Orlando, FL.

 Buckwalter, Art, Science Catches the Criminal, Stoneham, MA., Butterworth Publishers, 1984.

 Footwear Industries of America, 1420 K. Street NW, Suite 600, Washington, DC 20005.

 Footwear Industries of America, “The Art and Science of Footwear Manufacturing”. Philadelphia, PA., 1983.

 Shelton, Duane, K-SWISS Company, 20664 Bahama Stree, Chatsworth, CA. 91311-6011, letter dated 11-12-93 and personal interview.

 For Additional Information contact:

            Dwane S. Hilderbrand, CFE

            Scottsdale Police Crime Laboratory

9065 E. Via Linda

            Scottsdale, Arizona 85258

            (480) 312-5278

            (480) 312-5092

                E-mail: Dhilderbrand@ci.scottsdale.az.us

 

 

Ninhydrin and Latent Prints:

by Jason Pressly, CLPE, MCL

 In the last couple of articles, we have discussed the uses of different powders, as well as, superglue fuming to develop latent prints.  These techniques are typically used for processing non-porous items (i.e. glass, metal, plastic, etc.).  Now we are getting ready to shift gears and discuss processing techniques for porous surfaces, such as paper, wood, and cardboard. 

 Surprisingly, it is not well known that latent prints can be developed on porous surfaces.  The procedures for developing latent prints on porous objects have been around for quite some time, but in many cases, the person searching for latent prints is not aware that these items can be very valuable.  Lets begin by looking at what is occurring when a latent print is deposited on a surface.   

On a non-porous surface, glass, metals, plastics, etc., the latent print is deposited on the outer surface.  Latent prints of this nature are very fragile and can be destroyed easily due to surface and environmental factors.  In that most latent print residue is composed of 98 to 99% water, the liquid content will eventually evaporate.  The latent print residue that is left behind after evaporation is composed of oils, salts, amino acids, and contaminants that may have been present on the finger at the time the latent print was deposited on the surface.  As we all know, powders attach to the moisture of the latent print.  After moisture is no longer present, the solids are easily disbursed and development is now  severely limited, or even impossible.  The opposite condition exists with porous surfaces.  

When a latent print is deposited on a porous surface, such as paper, the water content of the latent print is absorbed into the paper.  The water component, as it is absorbed into the surface, takes with it salts and amino acids that may be present.  Even though the water component will evaporate off, amino acids can remain attached to the surface for great lengths of time.  Because the latent print residue is not commonly “on” the surface, but rather impregnated in the surface, traditional powdering is not recommended. 

 Instead of using powders, chemical processes have been found to be most reliable in developing the latent print residue left on/in porous surfaces. One of the most successful means of latent print development on porous surfaces can be achieved by addressing the amino acid component of the latent print residue.  This can be accomplished by using the chemical "Triketo-hydrindene hydrate," commonly known as Ninhydrin. 

 When purchased directly from a chemical supply company, Ninhydrin generally comes in a crystalline form.  Since it is not possible to force the crystalline particles into the porous item, the crystals must first be dissolved in some other designated liquid or "carrier agent" for transportation of the chemical into the item being processed.  This is why most police supply companies offer Ninhydrin in a pre-mixed solution.

 Ninhydrin solutions can be applied by dipping or submersion of the item, painting or brushing the item, or by spraying the item.  I recommend using the "dipping" method. This provides a more even saturation of the chemical into the surface.  As the liquid carrier transports the dissolved Ninhydrin crystals into the surface being processed, the Ninhydrin reacts with the amino acids present in latent print residue.  As this reaction is taking place, the latent print will begin to develop in a purplish color, commonly known as Ruhemann's Purple.  

 The development time for latent prints using Ninhydrin is greatly effected by heat and humidity.  For this reason, a drying oven can be utilized to accelerate the process.  This can decrease the processing time from days down to hours.  Processing time can be even more accelerated by using a steam iron. This technique is extremely useful in that it only takes minutes instead of hours to develop latent prints. 

 The steaming technique is quite simple.  First, process the item with the Ninhydrin solution.  Allow the processed item to air dry under good ventilation.  After the surface is completely dried, the steam iron can be employed.  It should be held approximately 1/2 inch to 1 inch over the surface being processed.  Slowly move the iron back and forth over the item allowing the heat and moisture to develop latent prints.  Latent prints should develop within seconds, generally less than a minute.

 Some considerations when using Ninhydrin solutions:

 ·        Caution must be advised when using this or any other chemical; good ventilation is a must.

·        Ninhydrin reacts with amino acids. If you don't want to turn your fingers purple, WEAR LATEX GLOVES. 

·        Most of the carrier agents that are used to mix the Ninhydrin solution are flammable and must be kept away from open flames and extreme heat. 

·        Some carrier agents such as methanol and acetone will cause ink on the surface being processed to run or blur away.

·        If the item to be processed is to be examined for handwriting also, do not process it for latent prints until after the handwriting examinations have been completed.

·        Remember, Ninhydrin is considered to be a “destructive” method for processing porous items.  If the item being processed is a rare or valuable document, consideration should be given to utilizing a non-destructive technique.

 Ninhydrin developed latent prints will fade away over time; therefore, photography or electronic capture is a must. The reproduction of the developed latent print should be conducted as soon after development as possible.

 REMEMBER, when examining a crime scene for evidence; make sure to search for porous items that may have been touched.  You never know what may develop.

 

AFIS IN ACTION:

by Ron Smith
Associate Director,
Mississippi Crime Laboratory

In the last issue of the Magnolia Print I mentioned that in this issue I would be addressing two particular topics: 1) the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) and 2) the need for elimination prints to be submitted on cases which are to be searched through the Mississippi AFIS.

Regarding the IAFIS subject, many agencies and officers throughout the country have been under the mistaken impression that the Federal Bureau of Investigation Identification Division has had their entire fingerprint files on a computer database for many, many years and that the database has been available to state and local agencies for search purposes.. This simply is not true. Due to the volume of files in their possession, it has not been possible for them, until recently, to have their files computerized like what has been done in so many states for several years. Although they have had some limited automated search capability for quite some time, this connectivity to state agencies which would allow for remote searching has become available just over the last year or so. We in Mississippi are one of the first states to be able to send new arrest fingerprint images and records to the FBI electronically. This is done through a special AFIS workstation located at the Miss. Dept. of Public Safety, Criminal Information Center in Pearl.

Along with that ability to send records to the FBI we are also able to conduct remote latent fingerprint searches through the FBI files. This is being done at this time and to date there have been two latent fingerprint identifications made by conducting searches in this manner.

You will be hearing much more about IAFIS in the future and the successes coming from this new technology. For those of you that are submitting your latent print cases to any of the Mississippi Crime Laboratory offices, your cases are already being evaluated for IAFIS search after the Mississippi AFIS searches have been completed. If you would like to submit unidentified latent fingerprints from old, unsolved violent crimes to be considered for IAFIS search then you may do so by submitting them to your nearest Mississippi Crime Laboratory Latent Print Section. As it is, in cases being submitted for Mississippi AFIS searches, there is no analytical charges for cases in this category. If the case was originally examined by the Mississippi Crime Laboratory, then simply call one of the Latent Print Examiners and request that the photographs of the previously examined case be evaluated for IAFIS search. If they are of sufficient quality they will then be electronically submitted to the FBI for the automated search to be conducted and you will be notified of the results.

Well, I’ve run out of space this time so I’ll save the discussion about elimination prints until the next issue of the Magnolia Print. Don’t forget, if you have any questions about the Mississippi AFIS system please feel free to call me at the Meridian Laboratory at 601-483-5273 or email me at rsmith@mcl.state.ms.us.

 

SAY WHAT!?!:

by Ron Smith
Associate Director,
Mississippi Crime Laboratory

In our last visit in the Magnolia Print we were discussing fear and how it applies to the courtroom environment. As we agreed, fear is a natural feeling but what is it about testifying in court that makes it a natural source of concern for us? Why is giving testimony in court under oath considered a difficult thing to do and something that most people in their right mind try to avoid?

Well, I have asked that question hundreds of times to testimony students around the country and regardless of what state I’m in, the answers seem to be very similar. First, and the most common answer is not the fear of testimony but the fear of public speaking in general. The fear of public speaking is ranked in the top three fears each year when polls are taken to determine the greatest fears of the population. It ranks right next, and sometimes ahead of, death by fire. That’s right, I said Death By Fire! How can that be. It may not seem possible but it is true. For many people, public speaking carries with it a fear so great that they will do almost anything to avoid it. You know what I mean. You see it in the criminal justice system everywhere. I’ve had the opportunity to go along with narcotic investigators on raids on a few occasions and when they are looking for volunteers to knock the door down and take down the violators, you have a list of volunteers as long as your arm but when you look for a volunteer to seize and log in the evidence collected during the raid, you can’t find one with both arms, a metal detector and a physic. Why, because that part is not exciting and that person is going to get called to court and get badgered by some defense counsel for sure and hey, what fun is that? Who wants to undergo that kind of treatment?

I know the fear of public speaking is real. I feel it too and I give lectures and speeches probably 70 to 100 times a year. In future issues we will be giving specific instructions and hints on how to deal with the fear of public speaking but for now let’s move on.

When asked the question about why is giving testimony considered a difficult thing to do, there are other common answers to the question as well. One of the most common answers is "I feel fear of the unknown when I’m on the witness stand". I can understand that. We don’t know what the defense attorney, (and sometimes the prosecutor) is going to ask and really it is not the fear of the question that bothers us, it is the fear of not knowing the answer and the fear of being made to look stupid or nonprofessional in front of the jury that really gets to us. That is a common understandable problem and one that we will be addressing in upcoming issues.

Others respond to the original question by saying that they feel fear because of the pressure of the case and the fact that they don’t want the case to go sour while they are on the witness stand. I can relate to that and we can deal with that natural fear as well once we learn to understand the courtroom procedures better and the entire judicial process a little more completely.

As you can see from just these few points, there some very natural feelings of fear associated with the courtroom testimony environment and I look forward to continuing this discussion and getting to some topics on how to help you deal with these natural fears. Stay tuned. I’m waiting on you for some more specific courtroom questions that I can address in this column. Send them to me a rsmith@mcl.state,ms.us.