http://www.crimelibrary.com/criminal_mind/forensics/art/1.htmlThe Artist and the Murderer
By Katherine Ramsland
Kill and get away with it? This article is titled The Artist and the Murder by Katherine Ramsland. This article is about John Emil List. It takes place in New Jersey. This article talks about When John Emil List closed the door on his New Jersey home in November of 1971, he believed he'd closed the door on that chapter of his life. Inside, his mother lay dead in her apartment, while his wife and three children bled from their fatal wounds onto sleeping bags in the ballroom. He'd shot them all that morning and then driven to the airport, abandoning his car and his identity. Little did he know that nearly two decades later forensic artists would help to bring him to justice. When authorities discovered the five corpses, there was no doubt who had done it. List left lengthy notes for his minister about why he had to free the souls of his family. But where was List? Because he'd left lights on and music playing, it was a few weeks before neighbors suspected that something was amiss. By the time police entered the home, List had quite a head start. Over the years, the trail went cold, although detectives made several attempts to keep the file current. By the mid-eighties, they needed to update List's photo to indicate what he would look like that many years later. In 1987, they used a hand-drawn sketch by a police artist, and in 1988, the FBI prepared a more sophisticated computerized photo enhancement. They published these renditions in nationwide tabloids like World Weekly, certain that somewhere in the country, someone would recognize this man. In fact, Wanda Flannery, a neighbor of Bob and Delores Clark, spotted the resemblance. Then she read the article that accompanied the image and realized that her friend Delores might be married to a dangerous man. Surreptitiously she brought this to Delores' attention, but she dismissed it. Soon Delores and her husband moved back east, an indication that List believed he was home free. Then in 1988, the television show America's Most Wanted decided to take on the unsolved case. They hired forensic sculptor Frank Bender to make a three-dimensional clay bust of the fugitive to display on the show. Bender had done several such busts of missing persons and of fugitives, so he was acquainted with what needed to be done.
However, updating the appearance of a man by 17 years would require some deep study. It would take more than adding wrinkles. Bender knew that he'd have to work up an entire psychological profile to be able to accurately depict the way the aging process would show on List's face. For that, he teamed up with criminal psychologist Richard Walter. They looked over what was known of List's past habits, what he had written in the murder notes, and what others had to say about the man. Then they decided which of his traits would remain intact, despite his attempt to take on a new identity. They figured he'd still wear the same type of glasses, work as an accountant, go to church, and would likely be remarried. He'd be paunchier, with drooping skin around the jowls, deep worry lines, and a receding hairline. He'd not have opted for plastic surgery. Most notably, he had a pronounced scar behind his right ear that would still be there, and he'd probably still have financial difficulties. They also had to think about what would drive a man who was reportedly so religious and conservative to kill his entire family. Bender and Walter spent several days pondering the buildup of anger and despair, as well as how List would have planned his escape. Bender went to work on the bust, carefully crafting the facial appearance that he believed List would now have. It had its intended effect. After the show aired in 1989, Wanda Flannery called in to insist that someone check out Bob Clark. She had his new address. She felt sure this was the man they were seeking. FBI agents descended on the office where Bob Clark worked and arrested him. Although he insisted they'd made a mistake, fingerprints affirmed his identity as John Emil List, and he was convicted of five counts of first-degree murder. Thus, three separate methods were used for fugitive identification and one of them ultimately brought a cold-hearted mass murderer to justice. Let's have a quick look at the various methods known as forensic art, and then see how some of them have applied to criminal cases. Forensic art is the utilization of artistic methods and techniques to aid legal procedures. It's a way to present visual information that aids with missing-person cases and with the identification and apprehension of criminals. For example, a composite portrait taken from several eyewitnesses at a crime scene can provide law enforcement with a fairly good portrait of the person they're looking for.
It may also be the case that an artist is asked to alter a photo to accommodate the progression of age, to show what someone might look like with a disguise, or indicate changes like weight gain or plastic surgery.
According to Karen T. Taylor, Forensic Art and Illustration, there are four categories of forensic art:
Composite imagery (faces or evidence from descriptions)
Image modification and image identification (enhancement and comparisons)
Demonstrative Evidence (for court)
Reconstruction and postmortem aids (identifications)
We'll look at specific cases in the following sections, but first let's examine what's involved in the blending of art and science.
For starters, artists need to know the specific scientific angles that will be used to investigate a case, such as how anthropologists work with bones to estimate such things as the height, weight, gender, and race of a set of bones found in a ditch. They may also have to know a bit of psychology in order to figure out what modifications need to be made for updating photographs. If working on drawings from skulls, they'll be familiar with postmortem changes, and they may also need to find out what lawyers require for using visual representations in court. If they're asked to draw teeth, for example, they need knowledge of odontology. Some artists specialize while others offer a range of skills. Some are on staff in larger police departments with constant need, while others are hired on a freelance basis as things come up.
Some of the ways artists join the legal process include:
Courtroom sketches for illustration of cases
Wanted poster sketches
Visual demonstrations of investigative techniques
Drafting a properly measured sketch of a murder scene
Portraying suspects for publication in newspapers
Three-dimensional and two-dimensional facial reconstruction
Photo enhancement for age progression
Missing person posters
Medical drawings from autopsies
Developing computerized renderings for facial and body positions
Superimposition techniques
Enhancement or clean-up of videos
By the 1970s, police artists were moving away from using the kits and back toward composite drawings, based on interviewing witnesses and/or victims. Yet Identi-KIT held on, and the Identi-Kit 2000 is a computerized version of the composite approach to suspect identification. In this version, witnesses are shown a whole face within the basic group that matches their description, not separate images of facial parts. They then point out the features that aren't quite right, and the artist can make adjustments from the extensive feature database. With the computer edit program, the artist can move, scale, shade, paint, draw, erase, and add or remove any feature. Once finished, the composite can be sent to other agencies via computer. Even with all the computer sophistication available, there are still forensic artists who trust to the sketch. Jeanne Boylan claims to have a very specific way of rendering the faces of criminals from eyewitness reports. Polly Klaas invited two girlfriends over for a pajama party. It was a pretty evening on October 1, 1993 in Petaluma, California, where she lived. The three girls played quietly in Polly's room, aware that her mother had already gone to bed. Then around 10:00 p.m., a large man who smelled of alcohol suddenly came in through an open window and threatened them with a knife. He quickly bound Polly's two friends and then carried her off into the night. The girls were utterly terrified, but they managed to free themselves and call 911. They described the man to the operator and said that he'd worn a yellow bandanna tied around his head. Then they alerted Polly's mother. The crime scene investigation revealed that the abductor had left a palm print in the room. That would help, but they needed a good description from the girls. These two frightened girls did their best to supply police sketch artist Ralph Pata with enough details for a composite drawing, so that a "wanted" poster could be made and distributed throughout the state. Pata's method was standard. Using an array of images from a police book with over 900 faces, the victims were to match them to their memories. From eyes to noses to hairlines, they kept picking until Pata had enough to sketch a whole face. He also included the bandanna.
Unfortunately, despite a massive effort, Polly's abductor was not immediately caught. A week or so went by, so Jeanne Boylan came into the case. She specialized in getting victims of high trauma to recall details. She herself had once been the victim of violence and she never forgot how hard it was to get investigators to listen to what she was saying. She also felt that their suggestions and questions had been intrusive. Because of that experience, she developed a technique that is different from many other sketch artists, in part because it's not a composite technique and in part because she works from a psychological angle. That means she asks questions that other artists might not think to ask, she attends to the victim's or witness's needs, and she stays away from specific feature identification, preferring to work with general shapes. (It should be noted that there are other artists who also pay attention to victim psychology, but it's not the norm.) Her technique is to engage crime victims like Polly's friends in unrelated conversation about their lives and then mix questions about their traumatic experience throughout. That "protects" the memory's vividness, allowing the person to feel safe while bringing it forth. Less anxiety for the victim means more useful information for Boylan. She also avoids direct and obvious questions about the shape of some facial feature, because it's a rare person who can recall specific features—even on someone they know. Direct suggestion also has the power to reshape a memory, and those initial memories of the event need to be guarded the way police guard a fingerprint or DNA evidence. While Boylan's approach is time-consuming and requires patience, she gets results: She says that her portraits are more specific than generic renderings, which means a better chance for identification.
"The work that forensic artists do is complex," she says, "and it's easy to underestimate, particularly composite drawing. Interviewing the victim of a traumatic event and trying to retrieve the memory that's associated with the trauma is quite difficult. It must be done with great care. You have to know how to handle a person who's been through something like that, so artists need to be trained in how to do this. A face gets encoded and stored in someone's mind, and ideally we perform the retrieval in a way that corresponds to the encoding process." First, she gathers information. Before talking with the witness, Taylor wants to know from the police if he or she was a victim rather than just an observer, and if so, the nature and degree of the trauma. Also, was the suspect a member of the witnesses' own racial group (which can make a difference in how well they discern certain features)? And is the witness apprehensive about making an identification? In short, each interview is situation-specific, and Taylor carefully evaluates the types of questions she will ask the witness for their balance of intrusiveness and effectiveness. First, she uses a cognitive style of interviewing which allows the witnesses to describe the event in their own words, and then with carefully crafted questions, she gains additional information, such as:
How long did the witness see the subject?
What were the lighting conditions?
How far away was the witness from the subject or incident?
How long ago did the witness observe the incident or subject?
What was the witness's vantage point?
Were there any obstacles to the witness's view?
Piece by piece, she draws a composite.
While there are software programs that purport to accurately duplicate this process, eliminating the need to draw, Taylor is skeptical. "It doesn't work well," she states, "when software is designed to pull up a whole screen of pairs of eyes, noses or mouths to choose from. People don't relate to that. They need to see the parts in context. One thing that's often underestimated is the importance of proportion. I know of a high-profile case in which a computer program for facial composites was used, and it was far off from the suspect's actual appearance, because the system's user had no knowledge of facial anatomy and the spatial arrangement of facial features. I refer to this as the gestalt of the face or the holistic grasp of the features. That's what gets encoded about a face in our minds and that's what we want to retrieve to document that likeness. We have to ask the right questions to get the right proportions."
The types of cases in which these drawings are used include:
Suicides and homicides
Trauma fatalities
Drowning or boating accidents
Since the actual morgue photos are inappropriate for media distribution, drawings help to bridge the gap, allowing publication of a good likeness of the deceased as he or she might have been in life. If someone sees the drawing and feels that there's a sufficiently close resemblance, then the missing person's medical records and dental records can be compared to the dead person, along with fingerprints and/or DNA. One of the advantages of drawings over morgue photos is that the artist can add facial expression. It's often the case that the deceased lacks similarity to the living person because the face is missing its characteristic vitality, but adding "the look of life" is complicated. "Postmortem drawings pose a particular challenge," Taylor explains, "in that so much of what we recognize in the faces of people we know in life is associated not only with the arrangement of the facial features themselves but with the animation of the face. The real challenge is to reanimate the face. It's perhaps, for me, the most difficult type of forensic art."
Another task that a forensic artist might accept is to work with the photo of someone who's been missing for a long time. That's called age progression, which may involve either the developmental stages of facial-cranial growth in a child or the adult aging process. So, let's take a look at how that's done. The cases in which a photo is used to create an image of a person years hence are most often those of missing children and fugitives from the law. For example, images of John List were drawn sixteen years after he slaughtered his family, and the artist had to determine what someone like him might look like after so many years. Some fugitives change their identities with facial hair, weight gain, weight loss, a disguise or hair dye. To cover all bases, the artist may develop multiple appearances. John List turned out to be predictable, because he was a rigid, conservative man, so he didn't do much to change himself. To get the features of an older person right, artists need to know how faces age, jowls develop, lips thin out, hairlines recede and hair color changes. While a person's basic "look" holds true throughout life—most noticeable in the eyes---some changes are inevitable, and they're fairly predictable from one decade to the next. However, there are individual factors in aging, so it helps to have access to photos of family members around the person's target age. Some knowledge of his or her personal habits, such as smoking or eating, also helps, and as people age, they often end up wearing glasses. The type of personality they have affects tension lines in the face, and something in their medical history may affect how they look. Yet in some ways, the image of a child who's been missing for years is the more challenging task, because the shape of the face changes, and the artist has to rely on a number of factors to get it right. The artist takes into account the way most humans develop, with reference to specific family characteristics, such as weight and wrinkle formation. Mary H. Manhein, author of The Bone Lady, directs the Forensic Anthropology and Computer Enhancement Services Laboratory (F.A.C.E.S.) at Louisiana State University. For the first decade of its existence, they did the typical work of forensic anthropology, which meant using three-dimensional sculpture with skulls. In 1990 they added another feature: "We have a computer enhancement component," Manhein says, "where we do age progression. My assistant was trained at the National Center for Missing and Exploited Children, yet we also do computer enhancement on missing felons and missing adults."
Age regression on the photo of a child involves:
The use of a photo, generally after the age of two
Having access to photos of siblings during different stages of their development
Having full frontal facial photos of the parents and other relatives
Having photos of parents at the age to which the child will be progressed
Collecting information about medical conditions that can affect appearance
Using information from tables about quantifiable growth data
Using a computer program that can work with the images of age progression, the photos are scanned in. The software then uses quantifiable growth data to predict the structural changes that the face would undergo during specific ages, and it recreates the photo according to those specifications. Using grids, the artist can manipulate different parts of the image and refine the facial nuances.
The author wrote this article because the Forensic art has been used in many cases, from the postmortem drawings of one of Jack the Ripper's victims to courtroom sketches of Lizzie Borden to identifying the remains of Joseph Mengele. The most familiar activity for the forensic artist is the composite drawing; so let's see how that has evolved. At first, forensic artists mostly just did courtroom drawings of criminals to be published in newspapers for reader titillation. Then they helped with diagrams of crime scenes, to aid in reconstructing what happened. Soon they were offering a way to render a suspect's appearance from eyewitness descriptions. A detailed history can be found in Forensic Art and Illustration.