by Michelle Gagnon
I had lunch recently with a friend in the DA’s office, who was bemoaning the “CSI Effect” on a case she was prosecuting. For those unfamiliar with the term, it refers to how the popularity of shows like CSI have caused jurors to expect high tech evidence to be presented in every case. And absent that evidence, there’s a tendency to assume that the police didn’t do their job.
Which, of course, isn’t necessarily the case. DNA evidence, even when it is collected, faces a huge processing backlog. Plus, there’s the simple cost/benefit analysis. All of those fancy tests are expensive, so law enforcement needs to pick and choose which cases merit that kind of expense. And sadly, with most, they just can’t afford to put that fancy equipment (most of which is several generations behind what you see on TV) to use.
Here’s a personal example. A few years ago, my father’s car was stolen. The police came, took the report…and somewhat miraculously, found the car (an old Volvo station wagon, on its last legs) abandoned in a bad section of town. When my dad picked the car up, he noticed a discarded cigarette box in the rear passenger footwell. Being an aficionado of crime shows, he knew exactly what to do. Carefully using a pair of tweezers, he picked up the box, placed it in a baggie, and trotted down to the station with his evidence.
“What do you expect us to do with this?” The duty cop asked.
“Dust it for prints,” my dad said.
“But you got the car back, right?”
“Sure, but don’t you think maybe it might have been used in a another crime? It’s not an expensive car, they probably used it to haul something…from a burglary, maybe.” (On a side note, clearly the apple didn’t fall far from the tree. When he told me this story, I immediately envisaged all sorts of terrible crimes being committed with the help of Bessie the Volvo).
“Yeah, maybe,” the cop said. “Hand it over.”
On his way out the door, my dad turned back and saw the cop toss it in the trash can.
Now, I’m not bashing law enforcement here. It’s likely that the local department simply didn’t have the resources to pursue the case. I watched a show last week where an entire unit spent weeks trying to solve the disappearance of a prostitute in a major city, using all sorts of high tech toys to assist them in their search. And that rarely happens. While researching BONEYARD, I stumbled across the term, “the Missing Missing.” When certain people- prostitutes, runaways, illegal immigrants- fall off the grid, the cases are rarely pursued. But if a twenty year-old honors student vanishes, chances are it will be a constant news loop for at least a few days. In reality law enforcement resources aren’t always applied equally or fairly- there isn’t enough money invested for it to be. So if you’re serving on a jury for a burglary, chances are you won’t see 3-D renditions of the crime scene and a slew of DNA evidence entered against the defendant. Luckily, as my cops friends always say, most criminals are stupid. They’re caught literally holding a smoking gun in their hands.
My favorite example from the local crime blotter this week. Mind you, I didn’t insert the “duh,” that was a nice touch by the SFPD:
On July 15th at 5:20 pm, The Plainclothes Team was patrolling in the
area of 3rd and Quesada when they came upon a group of subjects walking
down the street. The cops recognized some of the members of the group as
active members of a local violent street gang. One of the subjects
recognized the officers as well and alerted his associates. They
immediately split up into smaller clusters. One of the groups ducked
down behind the parked cars at the curb and continued to walk in this
crouched manner to avoid detection. Duh, they were unable to avoid
detection and were stopped. There was a good reason for all the
crouching and hiding nonsense. The officers located a loaded .9mm
handgun, along with a full box of ammunition, that was tossed by one of
the subjects into a driveway. This incident resulted in the arrest of
three individuals on gun and gang charges.
Chalk up another win, thanks to good old fashioned police work, no high tech toys required.