Murder. It’s forever been the stuff of books, movies, poems and plays. Everyone from Shakespeare to Agatha Christie told foul-play murder stories. That’s because, for gruesome reasons, murder cases fascinate people.
I think murder is the great taboo. It’s also the great fear of most people except, maybe, for public speaking. Jerry Seinfeld quipped, “At a funeral, the majority of people would rather be in the casket than giving the eulogy.”
Yes, murder is the ultimate crime. In mystery books and Netflix shows, murder cases are solved and neatly wrapped up in the end. This leaves the reader or audience with the satisfaction of knowing who done it and probably why.
That’s not always the truth in real life. Many murders go unsolved for a long time. Some go cold and are never resolved. Statistics vary according to region, but probably a quarter of murders never get cleared.
Thankfully, most murders are easy to solve. They’re “smoking guns” where the killer and victim knew each other, the killer left a plethora of evidence at the scene or took it with him, witnesses saw the murder take place, or the bad guy confessed to the crime. That’s really all there is to getting caught for committing a murder.
So, why do roughly twenty-five percent of people get away with murder? It’s because they don’t make one of these four fatal mistakes. Let’s look at each in detail and how you can get away with murder.
Leaving Evidence at the Scene
Did you ever hear of Locard’s Exchange Principle? It’s Murder Investigation 101. Dr. Edmond Locard was a pioneer in forensic science. Dr. Locard held that at every crime scene the bad guy would leave evidence behind that would connect them to the offense. Locard summed it up this way:
“Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these, and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value.”
Dr. Locard was absolutely right—most of the time. That quote was from the early 1900s. It was long before the sophistication of DNA profiling and amplifying light to find invisible fingerprints. Today, trace evidence shows up at the micro level, and there’re ingenious inventions used to find it. But… not always.
I’m familiar with a high-profile and unsolved murder case from 2008 where two killers enticed a female realtor to a house and savagely stabbed her to death. It’s a long story. A complicated story. And, so far, they’ve got away with the murder.
The victim was totally innocent. She was set-up as a sacrifice to protect someone else who was a police informant. The police know full well who the killers are—a Mexican man and woman from the Sinaloa drug cartel—but they’ve never been charged. It’s because they left no evidence of their identity at the scene. They’ve also never broken the other three murderer-catching rules.
There’s more to scene evidence than DNA and fingerprints. There are dozens of evidentiary possibilities including hairs, fibers, footwear impressions, chemical signatures, organic compounds, match heads, cigarette butts, expended shell casings, spit chewing gum, a bloody glove or a wallet with the killer’s ID in it. (Yes, that happened.)
Removing Evidence from the Scene
The flip side of Locard’s Exchange Principle is the perpetrator removing evidence from the scene that ties them back to it. This can be just as fatal to the get-away-with-it plan as left-behind evidence. And, it happens all the time.
Going back to the unsolved realtor murder, there’s no doubt the killers left with the victim’s blood on their hands, feet and clothing. This innocent lady was repeatedly shived. The coroner report states her cause of death was exsanguination which is the medical term for bleeding out.
For sure, her killers had blood on them. But, they made a clean escape and would have disposed of their blood-stained clothes. That goes for the knife, as well. Further, the killers did not rob the victim. They didn’t steal her purse, her identification, her bank cards or even the keys to her new BMW parked outside.
The killers also didn’t exchange digital evidence to be traced. They used a disposable or “burner” phone to contact the victim to set up the house showing. It was only activated under a fake name for this one purpose and was never used again. The phone likely went the same place as the bloody clothes and knife.
Being Seen by Witnesses
I once heard a judge say, “There’s nothing more unreliable than an eyewitness.” I’d say that judge was right, at least for human eyewitnesses.
Today’s technology makes it hard not to be seen entering or exiting a murder scene. There’s video surveillance galore. Pretty much everywhere you go in an urban setting, electronic eyes are on you. You’re on CCTV at the gas station, the supermarket, the bank, in libraries, government buildings, transit buses, subways and on the plane.
In bygone lore, the killer often wore a disguise. That might have fooled human surveillance, but it’s hard to trick cameras that record evidence like get-away vehicles with readable plates. It’s also hard to disguise a disguise that can be enlarged on film to reveal uniquely identifiable minute characteristics.
Back to the unsolved realtor slaying again. The killers were seen by two independent witnesses when they met their victim in the driveway outside the show home. One witness gave the police a detailed description of the female suspect and worked with an artist to develop a sketch. It’s an eerie likeness to the Mexican woman who is a prime person-of-interest along with her brother—a high-ranking member of the El Chapo organization.
Unfortunately, there’s just not enough evidence to charge the Mexicans. They left no identifiable trace evidence behind at the crime scene. Whatever evidence they might have taken from the scene hasn’t been found. There was no video captured and the eye-witnesses can’t be one hundred percent positive of visual identity.
There’s also the fourth missing piece to the puzzle.
Confessing to the Murder
Murderers are often convicted because they confessed to the crime. Sometimes, they confess to the police during a structured interrogation. Sometimes, they confess to a police undercover operator or paid agent during a sting operation. Sometimes, their loose lips sink their ship by telling an acquaintance about doing the murder. And sometimes, they’re caught bragging about the murder on electronic surveillance like in a wiretap or through a planted audio listening device—a bug.
Police also arrest and convict murderers after an accomplice turns on them and decides to cooperate with the investigation in exchange for a lesser sentence. Then, there are the revenge situations. The murderer has confessed to an intimate partner who they thought they could trust and couldn’t.
That has yet to happen in the unsolved female realtor murder. There is no doubt—no doubt—that a group of people know what happened in her murder. It’s known, with probable certainty, who the Mexican pair are. It’s also known, with probable certainty, who the real police informant was and who conspired to protect them by offering the innocent victim as a sacrificial slaughter to appease the Sinaloa cartel’s “No-Rat” policy.
This murder case can be solved once someone in the group decides to reveal evidence implicating the killers. That likely won’t be anything in the Locard arena or in the eye-witness region. It’ll be an exposed confession that will solve this case.
Someone will eventually talk. The current problem is that everyone in the conspiracy circle is connected by being blood relatives, being a member of the Hispanic community and being involved in organized crime. Their motive to talk is far outweighed by their motive to stay silent.
Takeaway for The Kill Zone Gang
If you’re a mystery/thriller/crime writer, always consider these four crime detection principles when working your plot. No matter how simple or complex your plot may be, the solution will come down to one or more of these points. If it doesn’t, then your antagonist is going to get away with murder.
Garry Rodgers is a retired homicide detective and forensic coroner, now an investigative crime writer and successful indie author. Garry also hosts a popular blog at his website DyingWords.net and is a regular contributor to the HuffPost.
Garry Rodgers lives on Vancouver Island in British Columbia at Canada’s west coast. He’s a certified 60-Tonne Marine Captain and spends a lot of time around the saltwater. Follow Garry on Facebook, Twitter and BookBub. He has stuff on Amazon, Kobo and Nook, too.