VIOLENT CRIME & UNIFORM CRIME REPORT

Louisiana groups criminal offenses into two groups: misdemeanors and felonies. Misdemeanors are less serious offenses, such as petty theft, vandalism, disorderly conduct, some traffic and civil complaints. Felonies include murder, rape, robbery, weapons offenses, burglary, theft, and narcotics possession and distribution.

Violent crime felonies are documented in Uniform Crime Reports, or UCR, by the NOPD. Such offenses include:

• Homicide

• Aggravated battery (where there is actual bodily violence using a weapon) in burglary, drug, weapon, and/or sex crimes

• Aggravated assault (where a weapon is used as a threat against a person) in burglary, drug, weapon, and/or sex crimes.

FIRST RESPONDERS AT THE CRIME SCENE

Police are typically the first official agency to respond to the crime scene if a survivor or a witness calls, or a body is discovered. However, it is possible the New Orleans Fire Department (NOFD) or the Emergency Medical Services (EMS) may be the first agency at the scene.

In my case, the killer set the house on fire, hoping to destroy all evidence. So it was fire department responders who first discovered the bodies. - Rose

Often a local district NOPD investigator will be the first person handling the scene where there have been shootings (aggravated battery), aggravated assault, or property crimes. This initial investigator is available to assist the lead detective.

Police must first deal with any danger and ensure the injured are attended to. The officer may make an arrest of a suspect on the spot if they witness the crime, or otherwise based on information available at the time.

As soon as police determine what kind of crime is involved, they will call in necessary units, which might include detectives from specialized units for homicide, sex crimes, or burglary and theft, as well as other first responders.

• In certain cases, specific federal agencies may also be called to provide assistance.

The crime lab will be present at the majority of violent crime cases. They will be collecting evidence wherever a suspect may have made contact with the victim or other objects.

The Coroner’s office will be present on scenes where there has been a death.

DETECTIVE CONTACT

A team of detectives (from NOPD’s Investigation Bureau) is assigned to the case by the NOPD, depending on how many are available at the time.

• The detectives will want to limit the crime scene access and how many people come in, including other police officers, since everyone brings in something that can contaminate the scene.

LEAD DETECTIVE

A lead detective will be placed in charge of the investigation, and sees the case through to its conclusion (which is hopefully with a conviction).

In homicide cases: If the family is at the scene of a homicide, a detective will be with them, since the family is the best source of information. (It’s a sad fact that most victims are killed by people they know.) The lead detective will request that one person from the victim’s family act as their contact person, rather than having friends and relatives calling in for information or with ideas.

In other violence cases: The lead detective prefers to work directly with the survivor, if able, and will allow a contact person, usually a family member, to be present if preferred and requested.

An officer or detective will likely give you (or the contact person) an

item card, listing contact information.

Remember also that detectives are working several cases at once, but this does not mean your case is not receiving any attention.

• Immediately after the crime, you may call the lead detective at any time to provide additional important information.

If you have problems getting any response from the detective, speak to a supervisor or the NOPD Victim Witness Assistance Advocate. Take notes if you are having problems and put your concerns in writing; this makes your request to obtain information more persuasive.

The chain of command is:

• Detective → Lieutenant in Charge of Homicide → Commander of Criminal Investigations → Deputy Superintendent → Chief of Police.

INVESTIGATIVE WORK

Police and detectives must work quickly to secure the crime scene and preserve physical evidence, as the first 48 hours are the most critical. A crime scene can remain active for as long as the detectives decide is necessary for their investigation, and this means no-one else is allowed access.

• If a house is a crime scene, there is a possibility a search warrant may still be obtained, but the detectives will first secure the house and make sure evidence is protected. With electronic mail, a search warrant usually takes less than two hours to be signed by a judge.

• If police believe they may find evidence of criminal activity in another location (not the crime scene), this may result in a search warrant. The lead detective will handle the crime scene while the other detectives work every lead, conducting interviews, identifying and collecting surveillance videos, and canvassing the neighborhood to see if anyone heard or saw anything unusual at the time of the crime.

Detectives will interview witnesses, neighbors, and family members. Detectives may interview people on the street, in a home, or at the police station, asking questions about the crime. They may ask witnesses to go to the district station or police headquarters for statements, since it is a more controlled setting, which is better for getting detailed information. They often conduct interviews in teams of two and will take notes. Usually, the conversation will be recorded on audio and/or videotape. The detective may ask the person to sign a statement.

• Repeated interviews may be done, if needed. The person is free to stop talking to the detectives at any time they wish.

• Try not to be offended if detectives ask very personal questions, and tell them what you know is true, and not what you think they want to hear.

Remember that police may need to withhold information to ensure confidentiality and the integrity of the investigation. For example: A case can be hurt if a suspect knows they are being investigated. There is some information only the person who committed the crime and police know. Sharing such sensitive information could wind up tipping off the a suspect before police have a chance to build a case and make an arrest (i.e. if you knew about it and unwittingly mentioned it to others).

INTERROGATION

If a suspect is in custody, an NOPD detective will ask him/her questions about the crime, called an interrogation. All interrogations are audio recorded, and most are videotaped.

First, the detective must inform the suspect that s/he has the right to remain silent or ask for an attorney, but if s/he does talk, anything s/he says can and will be used against him/her in a court of law – these are Miranda warnings. If the person decides to talk to the detective, s/he waives (or gives up) their right to remain silent, and what they say can be used in court. A suspect can decide not to talk to detectives.

OTHER EVIDENCE GATHERING AND DNA

The crime lab will take photos and sometimes videotape the crime scene. There are strict rules they must follow, because how they do it will be examined if there is a trial. Gathering evidence is one of the most important steps they take. This can take some time to do, and may make things a little messy because of their searching.

A priority is put on DNA tests in violent crime cases, but DNA processing takes time and the process cannot be rushed. It can take anywhere from two weeks to several months, depending on the investigation and the lab processing the evidence.

Police need to profile the different DNA belonging to the victim and the person(s) who committed the crime. The police may request DNA from a survivor or witness in order to determine which DNA belongs to the the person who committed the crime and to rule out others. Or the suspect’s DNA may be found on a victim or their clothing or possessions. Not all suspects will have DNA in the national database, but if they have already been convicted of a felony, their DNA will likely be in the database.

• Cooperating with police in providing DNA may be helpful to the investigation in order to start a process of elimination – it does not mean the survivor or witness is suspected of the crime. For example, the NOPD may need to get prints from everyone who had access to a cash register used in a crime.

Sometimes you may be able to assist the investigation, by providing leads or helpful information. But don’t send the police on a wild goose-chase, or you will quickly lose credibility. After the police have finished investigating the crime scene, you may also find a clue that’s been overlooked. You are in the best position to alert the police to things at the crime scene which are out of place, missing, or do not belong to the victim. You can more easily identify clues that would not seem unusual to the investigators.

• It is important not to move or touch the evidence, no matter how tempting. Call your detective (or 504-658-5300) or the Special Victims Assistance (504-658-5523) if you find any potential or overlooked evidence.

Friends and I found an item we thought might be the shirt the killer wore after committing the murders (it wasn’t). We contacted the detective and a crime lab came over to collect it. - Rose

NOPD VICTIM WITNESS ASSISTANCE UNIT

This unit has trained social workers that can help survivors deal with practical logistics and find needed resources.

• They help you register for information on the suspect.

CORONER & CRIME VICTIM’S BODY

The body must remain where it was found; moving it can put the investigation in danger by making some information impossible to collect. This can later affect the outcome if the case goes to trial.

• The body can only be moved with permission from the Coroner.

In my case, the fire department moved the bodies thinking they were suffering smoke inhalation from a fire that was also set—and thus, with the best of intentions, compromised the crime scene. - Rose

The Coroner makes sure autopsies are performed by forensic pathologists, who investigate and determine the causes of death, and ensure necessary biological tests are done.

If the family of the deceased is not aware of the death, it is generally the Coroner’s office that will make the official notification to family members once identification is certain.

• They will provide a photo of your loved one for identification purposes – the body will not be viewed until it is at the funeral home. One of the toughest things for families to deal with at a crime scene is losing the right to hold or even touch the body they have loved, but the body is now part of the physical evidence in a crime scene. I know how cold this sounds, but you will, of course, be able to be with the body at the funeral home.

The Coroner is responsible for safeguarding your loved one’s personal effects and you will be able to get them back. However, they may allow certain items to be taken by the detectives, such as a cell phone or computer tablet. These items might be kept if the case goes to trial, and then returned afterward.

Detectives took my husband’s laptop to see if he had made any notes relating to the killer. - Rose

FEDERAL, STATE, AND OTHER AGENCIES AT THE SCENE

In certain major felony cases, agencies like the FBI, U.S. Attorney’s Office, DEA, ICE and/or the ATF may assist local law-enforcement as part of a multi-agency task force – but this occurs only in a small percentage of cases.

For example, the FBI will assist in cases involving public corruption, cyber-crime events, kidnapping, bank robberies, civil rights violations, or crimes that cross state boundaries. The ATF can help test firearms. Often their level of involvement goes unreported, but their work is invaluable.

Some cases may be “adopted,” or taken over, by one of these agencies if it falls under their jurisdiction – in such cases, the laws, rules and procedures of that agency will apply. For example, the

U.S. Attorney’s office is involved in prosecuting more elaborate crimes, such as extensive gang activities.

ITEM CARD

NOPD officers and/or the lead detective will provide the contact person with an NOPD item card or brochure. This is an official document that can be used as proof for employment leave purposes or to get the police report. The NOPD also provides a brochure with additional victim rights, support services, etc.).

The item card (or item slip) will list:

• What type of incident is involved; an item number; the date and time of the incident; the police officer’s name.

POLICE REPORT: NOPD

This report does not provide details of the crime or investigation. It provides very basic information about the type of crime and location. Typically police will redact (or block out) the names and addresses of witnesses.

You may request one copy of the initial police report, available after 14-21 days from the date of the crime. You will need the item number.

There is a $25 charge for the police incident report. (This charge is set by city law, and is subject to change.) They accept cash, check, or money order; no debit or credit card.

You can get the report at:

Records Room, First floor, Police Headquarters, 715 S. Broad St, New Orleans (near the Criminal Courts at Tulane Avenue), between 8:30 am and 3:30 pm, Monday through Friday. (504) 658-5455

The detective will hand deliver a finalized report to the DA’s office, usually within a month's time after an arrest is made.

ARREST WARRANT

As mentioned, NOPD may make an arrest on the spot if the officer witnessed it, or if there is clear information available as to the suspect. More often than not, an arrest warrant will be obtained. Detectives must have sufficient evidence, or probable cause, to conclude that a certain person has committed the crime (or is committing, or is about to commit, a crime – for example, if a witness knows a person is armed and inside with the victim).

• When the case is circumstantial (if no witnesses or no clear physical evidence), a group of detectives will review the information and decide if the case looks strong enough to proceed with an arrest. The lead detective then gets an okay from his/her supervisor.

• In either case, detectives must submit to the Magistrate an affidavit – a written document and sworn statement – that outlines the facts and circumstances whereby they believe that a suspect should be arrested.

If the Magistrate finds that probable cause exists, s/he will sign the warrant authorizing the arrest. This process can be very fast, and is usually done in less than two hours.

Sometimes the suspect may have gone into hiding or have fled the state, in which case there may also be collaboration with police in the other state.

• If the person to be arrested is out of state, s/he will be ordered to return to Louisiana by the process of extradition (bringing back the person). The suspect may choose either to fight the extradition, or to waive (give up) his or her right to return. If the person fights extradition, a Governor’s warrant has to be obtained.

Usually you will not be told until the warrant has been issued, since the element of surprise is very important in making an arrest. The police attempt to notify family immediately before the media finds out. Keep in mind that the news media is constantly trying to get such information, and at times victims’ families find out about an arrest from TV before the police tell them of it.

There are many reasons as to whether a reported crime will or will not result in an arrest, such as: the person who committed the crime flees or there is a lack of evidence.

In my case, it took 6 months before an arrest warrant was obtained, and because the killer was living in another state, there was extra time needed for extradition. I nearly lost my mind waiting for the arrest, but there was nothing I could do to make it happen any more quickly. To keep myself sane, I called the lead detective periodically to check in about any developments. Again, your case will have its own set of circumstances unlike any other, which will affect how soon, or if, an arrest is made. - Rose

UNSOLVED CASES

If there is not enough evidence to make an arrest within a reasonable period of time (1 year), the case may be considered dormant or a ‘cold case,’ but this does not mean the case is not being worked on.

The case may be reviewed after a request from the public, or by the NOPD, if new evidence comes to their attention. Or a review may be activated by a separate event related to a person involved in the original investigation, such as the arrest of a suspect in connection with another crime.

• If the case is reopened, the case gets assigned to a cold case investigator who re-investigates the case, and the advantage is that a fresh set of eyes is looking at the evidence.

Challenges that the NOPD may face include cases where:

• They investigate homicides in neighborhoods that are almost empty or have few cars driving by, so there may be no witnesses or people to talk to

• The victim was a violent career criminal with many enemies, so it is hard to track down all possible suspects

• Witnesses or others with knowledge of the crime may be reluctant or intimidated to get involved and provide information

• Other people involved may decide to use “street justice,” where they will personally exact revenge for a particular crime.

Keep in mind there is no statute of limitations on murder, so if additional evidence becomes available at any time, a suspect may still be arrested and taken to court.

IMPORTANT FACTS TO CONSIDER

Your case will have its own particulars, unlike any other case the police has handled, and the more information you can provide, the more the police will recognize the differences in your case. Let them know you are willing to cooperate, because your help is important for them to get information that is as complete and accurate as possible. The slightest piece of information may be the key to solving a case. Remember also, a tip can be called in to Crimestoppers by anyone, and it is an anonymous call.

If for any reason you feel threatened or intimidated by others about what to say to law enforcement, you might inform the lead detective promptly or speak to the NOPD Victim Witness Advocate. Or a trusted friend or clergy person may be able to help you communicate with the detective. Serious threats may result in that person’s arrest. There are no easy answers, but don’t deal with this alone.

As my detective warned me, things often don’t tie up neatly like they do on TV. On most crime shows, someone confesses or an accomplice informs on someone, or some incriminating evidence is found at the last minute—but this rarely happens in real life. It’s more helpful to watch shows about real-life investigations (like 48 Hours or Dateline: Real-Life Mysteries) than fictional shows like CSI or Law and Order. Keep in mind that every case has its own circumstances and peculiarities.

Refer to “Get a Support System going” if you want to send the latest information from the investigation to friends and family. However, make sure you aren’t sharing sensitive information, e.g. that the suspect is out of state – if in doubt, leave it out, or check what you share with the detective or NOPD Victim Witness Advocate.

It is interesting to note that more police officers die by suicide than in the line of duty. They may suffer from shame and stigma in dealing with their own mental health issues and from the traumatic situations they deal with frequently.

In 2013, the City of New Orleans and the United States Department of Justice put in place an agreement to ensure the NOPD complies with constitutional policing, improves public safety, and increases public confidence, thus placing the department under federal oversight. This agreement is known as the NOPD consent decree and has oversight from court-appointed independent monitors and selected police officers.

• A report issued in January 2019 indicates cautious optimism, noting a marked improvement from factors like the use of police body cameras and access to mental health, while also stating the need to improve issues around searches and arrests, and private police details.

The Independent Police Monitor (IPM) is an official civilian oversight agency with which you can file a complaint concerning police abuse or fraud (or send a compliment). They will refer the case to the NOPD Public Integrity Bureau (PIB), who investigates the claim, and the IPM monitors the investigation.

You can also file complaints directly with: NOPD Public Integrity Bureau (PIB) (504) 658-6800

1340 Poydras St, Ste 1900, New Orleans 70112 By phone, mail, or in person (8 am-4 pm)

Remember you are entitled to speak to a supervisor if you are having problems with communication or related issues.