a p ublication of the n d a rroosseeccuuttoorr · 2018-09-27 · t h ea rtdc o sy l dm a nc im u 1...

The PRO S ECUTORPRO S ECUTORPRO S ECUTOR

VO L U M E 5 0 N U M B E R 2 bull D E C E M B E R 2 0 1 7

A P U B L I C A T I O N O F T H E N A T I O N A L D I S T R I C T A T T O R N E Y S A S S O C I A T I O N

mdash IN T H I S I S S U E mdash

YEAR I N R EV I EW 2 0 1 7 NDAA T RA I N I NG H I G H L I G H T SMY WRONG FU L C ONV I C T I ON

CHANG E O F H EART AURORA O F F I C E R S rsquo E F F ORT SPROMPT S I S T E R S TO R E TH I NK O P I N I ONS ABOUT P O L I C E

C OMBATT I NG C R IM E ON T H E DARK WEBLOV E H OP E AND RANDOM DRUG T E S T I NG

ldquo RAD I CA Lrdquo S T RAT EG I E S F O R T URN I NG L I V E S AROUND

DOCKETOn the

CONTACT NDAA

If you need to contact a staff member of NDAA regarding any aspect of your membership please use the list of names numbers and email addresses below

NDAA Headquarters 7035499222

Executive Director Nelson O Bunn Jr nbunnndaajusticeorg

Chief Operating Officer John M (Mark) Ginter mginterndaajusticeorg

Policy Government amp Legislative Affairs Nelson O Bunn Jr nbunnndaajusticeorg

Membership Lynzie Adams ladamsndaajusticeorg

Conferences Stephanie (Turner) Weston swestonndaajusticeorg

Editor of The Prosecutor Nelson O Bunn Jr nbunnndaajusticeorg

Website Lynzie Adams ladamsndaajusticeorg

Candace Mosley cmosleyndaajusticeorg

National Courses Kristi Browning kbrowningndaajusticeorg

National Traffic Law Center Tom Kimball tkimballndaajusticeorg

2 D E C E M B E R 2 0 1 7

NDAA Capital ConferenceJanuary 23ndash24 2018Washington DC

Prosecutorsrsquo Center of Excellence11th National Best Practices MeetingJanuary 25 2018Washington DC

Digital ProsecutorFebruary 19ndash22 2018San Antonio TX

Stay Tuned for the Announcement of our 2nd 3rd and 4th Quarter 2018 National Courses

in next monthrsquos The Prosecutor

Human Sex Trade and Labor TraffickingMarch 5ndash8 2018Miami FL

Prosecutor 101 Boot CampMarch 12ndash15 2018Kansas City MO

Prosecuting HomicideMarch 26ndash29 2018Louisville KY

To register or obtain additional information about a course see our website wwwndaaorgNational District Attorneys AssociationArlington VA 7035499222 7038363195 fax

N EWCOURS E

N EWCOURS E

T H E P R O S E C U T O R 3




I N EV ERY I S S U E 2 On the Docket 2 Contact NDAA 4 Roster of Officers amp Board Members 6 View from the Hill

The Prosecutor ISS No 0027-6383National District AttorneysAssociation Views expressed in thearticles in this publication are thoseof the authors and do notnecessarily represent the views ofthe National District AttorneysAssociation The Prosecutor ispublished by NDAA for its membersas part of their member servicesAddress all correspondence aboutsubscriptions undeliverable copiesand changes of address toladamsndaajusticeorg or mail to Lynzie Adams Membership Coordinator NDAA1400 Crystal Drive Suite 330Arlington VA 222027035499222 fax 7038363195Visit NDAA at httpwwwndaaorg

Advertising

NDAA encourages itsmembers to support theadvertisers in The ProsecutorThey help to make thispublication possible Forinformation about advertisingrates or to place an ad in TheProsecutor please contactMark Ginter Chief OperatingOfficer NDAA atmginterndaajusticeorg or703-519-1661

Questions or Concerns

Lynzie Adamsladamsndaajusticeorg703-519-1649

Editorial Staff

Executive DirectorNelson O Bunn Jr nbunnndaajusticeorg

Art DirectorStephen HallKOTA Design

Articles

The Prosecutor encourages itsreaders to submit articles ofinterest to prosecutors forpossible publication in themagazine Send articles toNelson Bunnnbunnndaajusticeorg

20

30

17

ABOUT THE COVERThe Art Deco styled Manhattan Criminal Courthouse at 100 Centre Street New York was designedby Wiley Corbett and Charles B Meyers Construction began in 1938 and was completed in 1941The site formerly known as Collect Pond had been the location of the old 1894 CriminalCourthouse and the old Tombs prison It currently houses the Manhattan District Attorneyrsquos Officethe New York County Supreme Court and other law enforcement agencies

8 YEAR IN REVIEW 2017 NDAA TRAINING HIGHLIGHTS

MYWRONGFUL CONVICTION

BY BILL WIRSKYE

CHANGE OF HEART

Aurora Officersrsquo Efforts Prompt Sisters to Rethink Opinions About PoliceBY CHRISTOPHER NELSON

COMBATTING CRIME ON THE DARKWEB

How Law Enforcement and Prosecutors are Using Cutting Edge Technology

to Fight CybercrimeBY B J ALTVATER

LOVE HOPE AND RANDOM DRUGTESTINGldquoRADICALrdquoSTRATEGIES FORTURNING LIVES AROUNDBY SUSAN BRODERICK JD

13

4 D E C E M B E R 2 0 1 7

President

MICHAEL O FREEMAN1 2

County AttorneyMinneapolis Minnesota

President-elect

JONATHAN BLODGETT1 2

District AttorneySalem Massachusetts

Chairman of the Board

MICHAEL RAMOS1 2

District AttorneySan BernardinoCalifornia

TreasurerSecretaryDUFFIE STONE1

SolicitorBluffton South Carolina

Asst TreasurerSecretary

DAVE ARONBERGStatersquos AttorneyPalm Beach Florida

Past TreasurerSecretaryLEMUEL MARTINEZ

District AttorneyGrants New Mexico

Vice Presidents

DANIEL CONLEY1

District AttorneyBoston Massachusetts

KEITH KANESHIROProsecuting AttorneyHonolulu Hawaii

CYRUSVANCEDistrict AttorneyNew York New York

JAMES NAGLE

Prosecuting AttorneyWalla Walla Washington

GREGTOTTEN1

District AttorneyVentura California

AMYWEIRICH1

District AttorneyMemphis Tennessee

BILL MONTGOMERY1

County AttorneyPhoenix Arizona

RAY MORROGH2

CommonwealthrsquosAttorney

Fairfax Virginia

KIMBERLY N OVERTON1

Chief Resource ProsecutorCary North Carolina

NANCY PARRCommonwealthrsquosAttorney

Chesapeake Virginia

TIMOTHY J CRUZ

District AttorneyPlymouth Massachusetts

Directors-at-Large

HILLAR MOORE

District AttorneyBaton Rouge Louisiana

PETE ORPUT

COUNTYATTORNEYSTILLWATER MINNESOTA

MATTWILBER

County AttorneyCouncil Bluffs Iowa

Prosecutor Coordinators

CHUCK SPAHOS1

Executive DirectorProsecuting AttorneysCouncil of Georgia

Morrow Georgia

CAMMIEWYATT

President NAPCDirectorMississippi ProsecutorsrsquoTraining

Jackson Mississippi

Associate Directors

DEBRA B ARMANINI

First Assistant ProsecutingAttorney

Dayton Ohio

MARYASHLEYAssistant District AttorneySan BernardinoCalifornia

DAVID C BROWN

Chief Deputy County AttorneyMinneapolis Minnesota

LORI DIGIOSIA

Deputy Commonwealthrsquos AttorneyStafford Virginia

MIKE DOUGHERTY

Assistant District AttorneyGolden Colorado

JOHN D EVANSAssistant ProsecutingAttorney

Clayton Missouri

JOSEPH KOENIGDeputy ProsecutingAttorney

Washington Indiana

RICHARD MINATOYA

Deputy ProsecutingAttorney

Maui Hawaii

ROSTERof Officers and Board Members 2017ndash2018

T O B E T H E V O I C E O F A M E R I C A rsquo S P RO S E C U T O R S

A N D T O S U P P O RT T H E I R E F F O RT S T O P RO T E C T

T H E R I G H T S A N D S A F E T Y O F T H E P E O P L E

1 Executive Committee2 Executive Working Group


State DirectorsMIKE OrsquoDELL AlabamaGREGG OLSON AlaskaBILL MONTGOMERY Arizona1

TOMTATUM II ArkansasDEAN FLIPPO CaliforniaSTAN GARNETT ColoradoGAIL HARDY ConnecticutMATT DENN DelawareBILL CERVONE FloridaVIC REYNOLDS GeorgiaKEITH KANESHIRO HawaiiGRANT LOEBS IdahoJOSEPH H MCMAHON IllinoisKEITH HENDERSON IndianaALAN OSTERGREN IowaMARC BENNETT KansasVACANT KentuckyPAUL D CONNICK JR LouisianaSTEPHANIE ANDERSON MaineJ CHARLES SMITH III Maryland JOSEPH EARLY JR MassachusettsDAVID LEYTON MichiganMARK OSTREM MinnesotaRONNIE L HARPER MississippiERIC ZAHND MissouriMIKEWEBER MontanaDONALD KLEINE NebraskaBRYCE SHIELDS NevadaVACANT New HampshireCAMELIAVALDES New JerseyDONALD GALLEGOS New MexicoDAVID SOARES New YorkWILLIAMWEST North CarolinaBIRCH BURDICK North DakotaDAVID PHILLIPS OhioGREG MASHBURN OklahomaBRAD BERRY OregonTHOMAS P HOGAN PennsylvaniaPETER F KILMARTIN Rhode IslandDUFFIE STONE South Carolina1

MARKVARGO South DakotaRUSSELL JOHNSON TennesseeDAVID ESCAMILLA TexasSIM GILL Utah1

JAMES A HUGHES VermontBRYAN PORTER VirginiaGREG BANKSWashingtonJOHN BORDWest VirginiaTHERESAWETZSTEON WisconsinMICHAEL BLONIGEN Wyoming

Past Presidents

MICHAEL RAMOS1 2

District AttorneySan Bernardino California

WILLIAM J FITZPATRICK1 2

District AttorneySyracuse New York

MICHAEL R MOORE

Statersquos AttorneyHuron South Dakota

HENRY GARZA2

District AttorneyBelton Texas

JOSEPH I CASSILLY

Statersquos AttorneyBel Air Maryland

MATHIAS H HECK JRProsecuting AttorneyDayton Ohio

ROBERT MCCULLOCH1

Prosecuting AttorneyClayton Missouri

Prosecutor Associations

WILLIAM JORDENPresidentNational Black ProsecutorsAssociation

Baton Rouge Louisiana

ELIZABETH ORTIZ

Executive DirectorArizona ProsecutingAttorneys AdvisoryCouncil

National Association of JusticeInformation Systems

Phoenix Arizona

Past Vice Presidents

JAMES C BACKSTROMCounty AttorneyHastings Minnesota

JULIA BATESProsecuting AttorneyToledo Ohio

KEVIN J BAXTERProsecuting AttorneySandusky Ohio

BRADLEY C BERRYDistrict AttorneyMcMinnville Oregon

KEVIN COCKRELL

County AttorneyMt Sterling Kentucky

SCOTT HIXSON

Deputy SolicitorGeorgetown South Carolina

JACKIE LACEYDistrict AttorneyLos Angeles California

BARBARA LAWALL

County AttorneyTucson Arizona

JOSHUA K MARQUIS

District AttorneyAstoria Oregon

ERIC L OLSEN

Commonwealthrsquos AttorneyStafford Virginia

SCOTT PATTERSONStatersquos AttorneyEaston Maryland

Past Vice Presid

LEE POLIKOVCounty AttorneyPapillion Nebraska

MATTHEW REDLE

County AttorneySheridan Wyoming

JOHN P SARCONECounty AttorneyDes Moines Iowa

JOHNW SINQUEFIELDSpecial Assistant AttorneyGeneral


MARKA SORSAIAProsecuting AttorneyWinfield West Virginia

HENRYVALDEZDirector New MexicoAdministrative Office ofDistrict Attorneys

Santa Fe New Mexico

SHERRI BEVANSWALSH

Prosecuting AttorneyAkron Ohio

VIEWFrom the Hill

By Nelson O Bunn JrNDAA Executive Director

CONGRESS SUCCESSFULLY PASSED a broad tax reform bill

prior to recessing for the holidays and kicked funding decisions for

federal agencies into the new year for the start of the next session of

this Congress Very little else was accomplished leading up to the recess

As always NDAA members are encouraged to contact Nelson Bunn

on any policy or legislative issues that arise He can be reached at

nbunnndaajusticeorg or at 703-519-1666

NELSON OBUNN JR

6 D E C E M B E R 2 0 1 7

APPROPRIATIONS

bull The government is currently funded through January19 2018 under a Continuing Resolution The movewas to allow them more time to resolve the fundingof federal agencies as they spent the majority of theirtime focused on passing a massive overhaul of thenationrsquos tax system

ASSET FORFEITURE

bull NDAA recently signed a letter urging the Senate toreject an appropriations amendment passed by theHouse that would prohibit the implementation ofAttorney General Sessionsrsquo directive from earlier thisyear reinstating state forfeiture adoptions andstrengthening training and reporting requirements forany seizures

CYBER AND DIGITAL EVIDENCE ISSUES

bull On December 11 the National GovernorsAssociation held a Cyber Crime Roundtable PolicyDiscussion in the Washington DC area and invitedNDAA to participate Joyce King an Assistant StatersquosAttorney out of the Frederick County MD StatersquosAttorneyrsquos Office participated in the roundtablediscussion on behalf of NDAA

bull On December 14 Route Fifty held a panel discussionentitled lsquorsquoBeyond Gadgets Public Safety in theDigital Worldrsquorsquo Bryan Porter the CommonwealthrsquosAttorney for Alexandria VA and member of NDAArsquosLegislative Committee participated in the panel onbehalf of NDAA To watch the full discussion visithttpwwwroutefiftycomfeaturebeyond-gadgetswatch-now


DRUG POLICY

bull NDAA continues to work with Congressional staffand a stakeholder working group to address potentialgaps in dealing with the opioid crisis that were notaddressed with the passage of the ComprehensiveAddiction and Recovery Act (CARA) Congressionalcommittees will revisit the overall opioid issue in 2018as a second wave of efforts to tackle the issue

bull NDAA recently entered into an agreement with theAddiction Policy Forum to work nationwide toaddress the opioids crisis by enhancing and improvingthe criminal justice system response to substance usedisorders More information to follow as the projectgets off the ground in 2018

FORENSIC SCIENCE

bull Recently the House and Senate passed areauthorization of the Sexual Assault ForensicEvidence Reporting (SAFER) Act which now goesto the President to be signed into law The legislationreauthorizes grants through the Debbie Smith Actwhich help to reduce the backlog of untested rapekits nationwide NDAA was a strong supporter of thelegislation and looks forward to its implementation

HUMAN TRAFFICKING

bull Last week the House passed the Senate version of theNo Human Trafficking on Our Roads Act legislationdrafted and pushed for by NDAA The legislation bansan individualrsquos commercial driver license for life withno possibility of reinstatement when convicted of afelony involving a severe form of human traffickingwhile using a commercial motor vehicle This makesit on par in federal statute with the penalties associatedwith a drug trafficking felony It garnered bipartisansupport in both chambers and now goes to thePresidentrsquos desk for signature into law

bull Congress also recently passed the Combating HumanTrafficking in Commercial Vehicles Act which

requires the Department of Transportation (DOT) todesignate an official to coordinate human traffickingresponse efforts across the agency and also expandsthe outreach efforts as part of the Federal MotorCarrier Safety Administration

MISCELLANEOUS

bull NDAA has signed on in support of the Amy Vickyand Andy Child Pornography Victim Assistance Act of 2017 which looks at federal statute regardingrestitution to child victims of pornography to ensurevictims are adequately compensated for damages

bull NDAA has signed on in support of the CombatingMoney Laundering Terrorist Financing andCounterfeiting Act of 2017 which updates federallaws to protect our nationrsquos financial institutions fromindividuals using the system to launder money andother counterfeit goods

bull NDAA recently sent a letter to the House FinancialServices Committee expressing concerns about notincluding key provisions of the IncorporationTransparency Act when considering a broader moneylaundering legislative package

bull Congress recently passed the Law EnforcementMental Health and Wellness Actwhich adds resourcesto identify health and well-being issues with lawenforcement officers It also directs the Departmentof Justice (DOJ) to review existing crisis hotlines tomake sure they adequately serve law enforcementofficers and directs coordination between DOJ andthe Department of Health and Human Services(HHS) and the Department of Veterans Affairs

Questions or feedback Please contact Nelson Bunn atnbunnndaajusticeorg or at 703-519-1666 For a listof the NDAA Legislative Committee members pleasevisithttpwwwndaajusticeorgmemberspdfNDAA20Committees-2016-2017-v7pdf

8 D E C E M B E R 2 0 1 7

The PRO S ECUTORYear in Review 2017 NDAA Training Highlights

IN 2017 NDAA held 11 national training courses covering topics from prosecuting homicides

to the continued rise of digital evidence in cases and how to use that in trial In addition to the

national courses two training courses were conducted as part of grant work through the

Department of Transportation focused on commercial driver license issues facing prosecutors in

their jurisdictions NDAA trained hundreds of prosecutors at the state and local level in 2017 and

plans to expand its national course offerings in 2018 to include courses on mental health opioids

human trafficking and trials involving a child victim Below is just a small snapshot of the excep-

tional training provided by faculty teaching for NDAA in coordination with the association staff

We hope you will join us at our great offerings in 2018

n Commercial Driver License Training January 24ndash25 Alexandria VA June 14ndash15 Cincinnati OH

The National Traffic Law Center at NDAA con-ducted two comprehensive courses concerningcommercial motor vehicles in 2017 as part of a

grant through the Federal Motor Carrier SafetyAdministration (FMCSA) The courses focused onthe commercial driver license (CDL) and courtinteraction with commercial motor vehicle trafficThese courses were conducted for 83 people inAlexandria Virginia in January and 93 people inCincinnati Ohio in June The goal of the courses was to help attendeesunderstand that tickets for activities that seemsomewhat minor when committed by a driver in acar are much more serious when committed by atruck or bus driver A CDL driver with a failure touse a turn signal ticket has a 96 percent likelihoodof being involved in a future crash To emphasize the danger topics in the courseincluded the complexities of masking and diver-sion as written in the Code of Federal

Training attendee takes a turn on the TNHighway Patrolrsquos virtual reality simulator


Regulations impaired reckless and distracted dri-ving the importance of prosecution federal andstate requirements prohibiting diversion (pleanegotiations) and masking Attendees included prosecutors judges lawenforcement officers driver agency representativesand persons employed by FMCSA Attendeesinspected trucks with law enforcement inspectorslearned of the use of commercial motor vehicles inhuman and drug trafficking and how driverrsquoslicense administrators and enforcement officerswith FMCSA attempt to help law enforcementprosecutors and judges be effective when dealingwith commercial driving issues Attendees also learned that responsible truckingcompanies want the help of the judicial system toremove rogue truckers from the road Bad actorsharm the reputation of professional responsibledrivers and companies To help accomplish that

goal representatives involved in monitoring driversshared information on how to recognize practicesthat are dangerous Companies are responsible forthe practices of their drivers and need our help toremove those that place the public at risk

n Career Prosecutor Course May 15ndash25 New Orleans LA

NDAA held its cornerstone course in NewOrleans this year from May 15 to May 25 Thiscourse is designed for prosecutors who have madethe commitment to public service careers andcombines substantive lectures with trial skill-build-ing Our agenda this year included sessions in coldcase homicides analyzing the crime scene andnew law and trends in fourth amendment childexploitation and sexual assault cases We conduct-ed workshops in directing sensitive witnesses andcrossing difficult witnesses facilitated and critiquedby experienced prosecutors and faculty fromaround the country Also so that our prosecutorscontinue to be technologically savvy we directedlectures and workshops on developing advancedPowerPoints and creating and admitting electronicevidence New Orleans was a fabulous host for the courseThe course was held in the French Quarter andprovided a central location for tours of the GardenDistrict and haunted mansions to tastings ofbeignets and Sazeracs The attendees and facultyalike enjoyed much-deserved breaks in theevenings and in a weekend free from training

n Executive Course June 12ndash16 Washington DC

This year our Executive Course was held in Juneat the historic Hamilton Hotel in downtown

Hands-on Level 1 inspectiondemonstration

NDAA SeniorAttorney RomanaLavalas presents onCDL basics

Washington DC Elected and appointed prosecu-tors or their appointed assistants joined NDAA forthis annual course NDAA President MichaelRamos the District Attorney in San BernardinoCounty CA opened the course with lessons inleadership Throughout the week our attendeesreceived guidance on social media office manage-ment human resources and how to create crisismanagement plans to various emergency situa-tions to include officer involved shootings Theyparticipated in personality tests as tools to under-stand varying communication styles and studied asample yearly budget to envision ways to econo-mize and reallocate resources After full days theconvenient site offered access to the National Malland varied dining and entertainment options The attendees were honored this year with clos-ing remarks from United States Deputy AttorneyGeneral Rod Rosenstein Mr Rosenstein offeredhis appreciation for the dedication of prosecutorsand law enforcement around the country whileoffer ing programmatic support through theJustice Department

n Investigating and Prosecuting Drug Cases September 20ndash22 Atlanta GA

NDAA welcomed 135 prosecutors and lawenforcement professionals to its Investigating andProsecuting Drug Cases in Atlanta GeorgiaAttendees heard from experienced prosecutors ontopical issues such as the opioid and meth epi-demics trafficking on-line and the impact of thechange in marijuana laws to impaired driving pros-ecutions Two Georgia state troopers brought theirdrug dog to demonstrate a K9 search after a sessionon K9 Investigations co-taught by a prosecutorand detective A local Deputy Chief AssistantDistrict Attorney closed the course with dynamicsessions offering guidance in the use of technology

in search and seizure as well as how to prosecute amulti-defendant drug case Located at the CNN Center and across fromCentennial Olympic Park the location gave atten-dees a great taste of downtown Atlanta The hosthotel offered comfortable accommodations a 24hour gym and was walking distance to twoMARTA stations Restaurants and local attractionswere easily accessible for the attendees to enjoyafter a full days of training

n Prosecuting Sexual Assualt and Related Crimes August 14-18 Long Beach CA

Sexual assault cases are some of the most difficultcases prosecutors law enforcement victim witnessprofessionals and members of the prosecutionteam will handle We are inundated with stories inthe 24-hour press of women abducted witnessintimidation safety issues on college campusessexual assault and social media sex trade traffick-ing as well as backlash against the victims Withthe complexities of victim dynamics the absenceof eyewitness corroboration delayed reporting themisuse of technology by defendants for spying andstalking victims social media issues as well as themyriad of artful defense claims these cases chal-lenge traditional prosecution strategies and also testlaw enforcement protocols and policy With thesechallenges in mind NDAA developed an answerfor overwhelmed members of the prosecutionteam We gathered an amazing array of prosecutorshealth care professionals mental health care profes-sionals and an expert on use of trial visuals whoprovided fundamental topics and cutting-edgeinformation designed to assist the prosecutionteam in fine tuning their investigation chargingcase analysis and preparation and litigation skillswhen managing these difficult cases Veteran pros-ecutors were able to share successful resources in

1 0 D E C E M B E R 2 0 1 7

meeting current defense challenges in thesecomplex cases We also had the opportunity to hear from thevoice of a dynamic survivor of human traffickingDrsquoLita Miller is the Founder and CEO of FamiliesAgainst Sex Trafficking (FAST) She also assistedin rescuing her daughter from human trafficking It is vital that the victimrsquos fears anxiety and safe-ty concerns are given priority beginning at theinvestigative and charging stages as well as duringthe pendency of defendantrsquos case She providedimportant insight to these issues as well as convey-ing the importance of providing an accurate eval-uation and assessment of needs to ensure the pro-vision of essential services for the victim duringthe pendency of the case as well as post sentencing Dr Christopher F Wilson PsyD LLC providedan insightful look into the dynamics of counterin-tuitive victim behavior the Neurobiology ofTrauma and the necessity for Trauma InformedInterviewing The Renaissance Hotel Long BeachCalifornia provided an excellent setting for thiscourse Attendees were walking distance to thecalming waters of Long Beach as well as many eateries

n Domestic Violence amp Sexual Assault for theProsecution Team

October 25-27 Anchorage AK

At NDAA we can develop courses specifically tai-lored to your jurisdictional needs This serviceincludes an initial consultation with one of ourtraining specialists a proposed budget and coursedescription and a follow up consultation beforeproceeding with the contract course developmentand on site facilitation This year we had theopportunity to develop and host the AlaskaDepartment of Laws mdash Annual District AttorneyParalegal conference Our theme focused on Trial

Advocacy with emphasis on Sexual Assault andDomestic Violence The conference was held inAnchorage Alaska at the Sheraton Hotel The training was very successful and was a mix-ture of lecture style and hands-on trial advocacyfor three different levels of experience for prosecu-tors and lecture only for their paralegalsProsecutor hands-on training focused on openingstatement cross-examination and a closing argu-ment using Alaska-based case files with complexi-ties and issues consummate with their skill setsTopics included mdash Improving Safety and Privacyfor Victims in the 21st Century-Policy Issues andPractical Resources Stopping Victim BashingOvercoming the Consent Defense and otherDefenses in DV and Sexual Assault Cases CounterIntuitive Victim Behavior Witness IssuesRecanting Witnesses Failure to Appear and Whenthe Victim Testifies for the Defendant Tips onTrauma Informed Interviewing and EngagingVictims Intimate Partner Sexual Abuse SexualIntimidation and Coercion and DNA The GoldStandard Defense Challenges Prosecutors werealso provided a lecture on use of trial visuals andwere given the opportunity to work with seasonedNDAA faculty members to build trial visuals fortheir performance exercises

n Office Administration November 13-17 Santa Fe NM

The setting for this yearrsquos course was lovely SantaFe NM It was unseasonably warm and the hosthotel the La Fonda provided a lovely setting righton the plaza The Office Administration course is unique inthat it is our most diverse management program Itis designed to equip the professional administrativepersonnel in a government attorneyrsquos office withthe necessary skills to manage an efficient and pro-

T H E P R O S E C U T O R 1 1

1 2 D E C E M B E R 2 0 1 7

ductive operation The Government Attorneyrsquosoffice may be military civilian tribal governmentfederal or state and local Attendees are a mixtureof attorney and non-attorney administratorsApplying general management principles throughthe use of a variety of formats lectures brain-storming sessions panel discussions think tankspractical exercises and actual office situations ourfaculty members provided real-world knowledgeand strategies in evaluating and dealing withadministrative problems unique to governmentattorneyrsquos offices With the less formal participato-ry sessions attendees were able to discuss commonissues with their peers from across the countrystruggling with these same problems We had apanel session on Top Challenges Faced by FemaleManagers Other unique topics includedManaging in a Micropolitan Area CreatingMemorable Websites The Essence of LeadershipInnovative Office Programs and Initiatives and AProsecutorrsquos Guide to Social Media SurvivalProactive Strategies to Deal with Social MediaThis year with the assistance of faculty memberLarry Center former Assistant Dean forContinuing Legal Education at GeorgetownUniversity Law Center and former President of

the Association for Continuing Legal Educationwe were able to offer six free coaching sessionsThese sessions as well as the lectures on coachingreceived rave reviews

n Forensic Evidence Course December 11-14 Phoenix Arizona

The lovely Renaissance Phoenix Downtown wasthe setting for this yearrsquos forensic evidence courseThe Forensic Evidence Course is designed with theentire prosecution team in mind There were over100 attendees gathered for this training travelingfrom as far away as Singapore and as close as thelocal County Attorney and Attorney Generalrsquosoffice As we know the challenges facing prosecu-tors local law enforcement investigators in prose-cutorrsquos offices as well as the laboratory professionalswe work with on a daily basis seem to be increas-ing exponentially with the use by defendants of21st century sources of evidence Add to this themultitude and variety of forensic evidence thatmust be collected processed and retained appro-priately and we see an amplified need to spreadcutting edge education and enhanced awareness toall those working together to ensure justice in ourcommunities Topics covered included ndash the nobody homicide case cold cases manipulation ofDNA evidence injury causation in homicidecases cross examination of the expert witness massshootings managing the high profile case serialhomicides electronic evidence and using visuals toincrease persuasion in trial With this diverse andseasoned faculty composed of health care profes-sionals mental health care professionals laboratorymanagers scientists and prosecutors we were ableto address the challenges inherent when investigat-ing engaging in pretrial preparation and present-ing the violent crime case involving a variety ofscientific evidence

All Chief Prosecutors attending or lecturing at OAM


The PRO S ECUTOR

My Wrongful Conviction

BY B I L L W I R S K Y E

BILL

WIRSKYE

Reprinted from The Texas Prosecutor journal with permissionfrom the Texas District and County Attorneys Association

I RECENTLY DISCOVERED that I had a wrongful con-viction in my past But this wrongful conviction was notthat of an innocent person sent to prison for a crime hedidnrsquot commit The conviction Irsquom talking about was abeliefmdasha very strongly held belief I had about prosecutionI now believe I was wrong in this conviction and I waswrong about wrongful convictions As a newly minted prosecutor in the Dallas CountyCriminal District Attorneyrsquos Office in the mid-1990s itnever occurred to me that I could wrongfully convictsomeone After all I had been taught that I was one of thegood guys I worked in the best criminal justice system inthe world We had checks and balances built in to the sys-tem to prevent just such a miscarriage of justice I genuinelybelieved that if I was an honest and hardworking prosecu-tor I would always get the right guy Everyone I workedwith shared these same fundamental beliefs We all knewour duty under Brady and we tried our best to comply Thatwas our office culture We were proud to be prosecutors andconsidered ourselves ldquocrime fightersrdquo in the courtroomAlthough Irsquod heard vague stories about wrongful convic-tions in other states frankly they didnrsquot seem very real tome and I certainly didnrsquot consider these stories to be anysort of a cautionary tale for me in my daily work But beginning in the early 2000s Dallas became the epi-center of the DNA exoneration movement As the numberof DNA exonerations began to climb I was forced to con-

front both the fallibility of the criminal justice system andthe fallibility of my personal beliefs and convictions Fromwhat I could tell we didnrsquot prosecute any differently inDallas than prosecutors did in the rest of the state but themediarsquos narrative of that era was that a ldquowin-at-all-costsconvict-them-allrdquo culture in the Dallas DArsquos Office was toblame for the wrongful convictions Dallas County prose-cutors so valued convictions this reasoning went that wewould routinely cut ethical corners without regard forwhether we actually had the right guy This of course was utter nonsense That was not theoffice culture I knew The prosecutors involved in the exon-erations were good honest people genuinely trying to getthe right guy the right way While I can never be sure thatsome Dallas prosecutor didnrsquot intentionally cut corners inone of those cases even one or two of these ldquobad applesrdquowouldnrsquot explain the sheer number of wrongful convic-tions The Innocence Project lists a total of 24 DNA exon-erations in Dallas County1 So exoneration by exonerationI became increasingly aware of the limitations of our systemand my own limitations as a prosecutor It certainly seemedthat our shared belief in honesty and hard work whilegood was not enough to prevent all the wrongful convic-tions occurring in Dallas And even as I redoubled myefforts to avoid convicting an innocent person I really hadno new strategies or tactics to employ In truth I guess I justworried about it more because I was scared it could happento me Probably because of these experiences in Dallas early inmy career I became intrigued with how we as prosecutors

Bill Wirskye is the First Assistant Criminal District Attorney in Collin County Texas

1 4 D E C E M B E R 2 0 1 7

could do better How can we convict the right guy theright way the first time When I returned to prosecution in2015 after eight years as a defense lawyer I made a veryconscious decision to study wrongful convictions andimmersed myself in the world of conviction integrity andactual innocence Fortunately my elected DA Greg Willisshared my curiosity on the subject and he encouraged me

to follow my interest I began to attend every seminar andtraining I could find that dealt with this topic Oftentimes Iwas treated as somewhat of a curiositymdasha former DallasCounty death penalty prosecutor who claimed to have aninterest in getting it right and making the criminal justicesystem better Irsquod frequently find myself as the only prose-cutor in the room surrounded by defense lawyers law pro-fessors and other prosecutorial skeptics who seemed some-what puzzled I had managed to infiltrate their midst Ilearned quickly however that despite our differences weshared a common interestmdashnamely a strong desire toimprove our criminal justice system This realization gives me hope that moving forward wecan undertake any necessary prosecutorial reforms in a col-laborative manner engaging all the stakeholders in the sys-tem Irsquove met so many defense lawyers and academics ofgood will and good conscience that I can no longer reflex-ively ignore their criticism Instead I want to leverage theirinput as we undertake an exhaustive and collective re-examination of our profession to help find new and betterways to see that justice is done

While I realize that other actors in the criminal justicesystem also have a responsibility to prevent wrongful con-victions I think prosecutors should lead the way becausejustice is our business Some exciting work in this area hasalready been done and some promising themes and solu-tions are starting to emerge for me While these may not beentirely satisfying or comprehensive I do believe they canmake us better prosecutors and reduce the chances ofobtaining a wrongful conviction

BRADY SOMETIMES ISNrsquoT ENOUGH SOEMBRACE THE MICHAEL MORTON ACT

I had always assumed that our honest adherence to Bradywas the ultimate safeguard for prosecutors against wide-spread wrongful convictions The Dallas DNA exonerationsproved me wrong Brady was never meant to be a pre-trialtest employed by trial prosecutors to decide what to turnover to the defense Rather Brady is a post-convictionharm-analysis test to be used by appellate courts Applyingthe Brady test pre-trial requires a prosecutor to make aprospective guess about what is favorable evidence for thedefense and whether it will ultimately be material This canbe a trap for unwary or unlucky trial prosecutors Thisseems ridiculously clear with the benefit of hindsight but Iknow it never occurred to me until the 2014 legislativechanges gave me some valuable and overdue perspective onthe inherent limitations of Brady So now we prosecute in the post-Brady world of theMichael Morton Act An open file and complete trans-parency is the law of the land in Texas This new approachcertainly takes the guesswork out of discovery for prosecu-tors and for that reason alone Irsquom in favor of the Mortonapproach to discovery even if I have to burn a few dozendisks in even the simplest of cases While therersquos no guaran-tee that Morton will be a better safeguard it appears to bean improvement over Brady in preventing wrongful con-victions I guess only time will tell2

EYEWITNESS EVIDENCE IS NOT THEldquoGOLD STANDARDrdquo WE ONCE THOUGHT SO CORROBORATION IS THE KEY

Like so many prosecutors who came before me I hadalways considered eyewitness testimony to be the gold stan-dard of reliable evidence Eyewitnesses have the power topersuade detectives prosecutors and juries but the DNAexonerations and continued research into eyewitnesses andthe process of memory have challenged our understandingof the reliability of this type of testimony The human eye is

When I returned to

prosecution in 2015 after eight

years as a defense lawyer I

made a very conscious decision

to study wrongful convictions

and immersed myself in the

world of conviction integrity

and actual innocence


no longer compared to a camera and the human memoryis no longer analogized to a DVR It turns out that eyewit-ness testimony is a far more complicated matter than weinitially thought Independent corroborative evidence is now the key forinvestigators and prosecutors to shore up eyewitness identi-fications It has helped me to think of eyewitness evidenceas trace evidencemdashthat is memory is malleable and can becontaminated much like the more traditional types of traceevidence I now believe that an eyewitnessrsquos memory shouldbe treated as the ldquounseen crime scenerdquomdashkept secure fromimproperly suggestive outside influences Although theresearch in this area often seems contradictory two keytakeaways have emerged Prosecutors must be more cau-tious of this type of evidence and we must increasingly relyon corroboration But because eyewitnesses will continueto play an important role in the investigation and prosecu-tion of crime it will be incumbent on us to learn the latestresearch and employ the latest best practices3

WE AS PROSECUTORS ARE NOT IMMUNETO COGNITIVE BIAS SO BEWARE

Cognitive bias4 is a term for certain subconscious andpredictable thinking errors that all humans make Thesepose a real threat to prosecutors and they can take manyforms The well-known bias of ldquotunnel visionrdquo can infect aninvestigation or prosecution by blinding police and prose-cutors to other alternative suspects or explanations The

related concept of ldquoconfirmation biasrdquo is the tendency tosearch for interpret favor and recall information in such away that confirms onersquos pre-existing beliefs Consider thecommon scenario where the police file a case with the localprosecutorrsquos office and vouch that their investigation hasrevealed that the defendant is the right guy How hard is itfor us to completely distance ourselves from their conclu-sion and take a look at the evidence with truly objectiveeyes I know I struggle daily with this task so I frequentlytry to read the file a second time with a ldquodevilrsquos advocaterdquoframe of mind to try to control for any bias on my part Many prosecutors will ldquopitchrdquo their case to a group ofother experienced prosecutors and investigators to makesure they are not missing some important fact or angle dueto bias or tunnel vision The theory is that the more eyes onthe case and the more brains thinking about it the lesschance something will be missed The goal here is to seekcreativity and not necessarily consensus Every assumptionand piece of evidence should be challenged in this meetingwhile never assuming the defendantrsquos guilt While this isoften done informally in many offices I like the organizedldquopitch sessionrdquo best because it forces attendees to deliber-ately change their perspective while considering the case Although there is no simple fix for the threat of cogni-tive bias creeping into our decision making a simple tech-nique like the pitch session can help counteract any poten-tial tunnel vision or confirmation bias5

OUR JOB HAS GROWN INCREASINGLYCOMPLEX SO WE MUST BE COMMITTEDTO CONTINUAL LEARNING

Basic advocacy skills and some on-the-job training in theforensic sciences are no longer good enough to be a con-scientious prosecutor in todayrsquos world A prosecutor mustbe a perpetual student systematically developing a workingexpertise in the increasingly complex6 and changing fieldsof forensic science and technology We must now be at thevery cutting edge of knowledge all the time to both exon-erate the innocent and convict the guilty But is this realistic considering how busy we all are andhow tight our training budgets are The answer is anemphatic ldquoyesrdquo if a prosecutor is motivated interested andintentional In addition to the wealth of free informationavailable on the internet most traditional training providersfor Texas prosecutors are offering specific courses to addressthe new need for us to become near-experts in a diversearray of forensic and technological disciplines7 Many ofthese courses are low-cost or no-cost to Texas prosecutors8

We must be very intentional in how we plan our own con-

The well-known bias of

ldquotunnel visionrdquo can infect an

investigation or prosecution by

blinding police and prosecutors

to other alternative suspects or

explanations

1 6 D E C E M B E R 2 0 1 7

tinuing education What are the areas in which we are lack-ing knowledge What are the dynamic or contested areas9

How can we be systematic and comprehensive in learninga desired topic This type of commitment to continuallearning is a sure sign of a professional prosecutor

WE MUST STUDY OUR MISTAKES SOWE CAN LEARN FROM THEM

When mistakes are made in the fields of aviation ormedicine the mistake itself is studied for potential lessons tohelp avoid another error and strengthen the process and sys-tem10We must adopt this mindset in criminal justice Eachmistake is an opportunity to prevent a future mistake andimprove the system As prosecutors we no longer have theluxury of ignoring our mistakes We must confront themand then aggressively mine them for lessons learned andbest practices This is equally true of both the intentionalbad-apple misconduct-type mistake as well as the morecommon unintentional or negligent mistake A method like ldquoroot-cause analysisrdquo11 (also called a ldquosen-tinel event reviewrdquo12) is a proven way to investigate an erro-neous outcome that may signal a weakness in a complexsystem This type of analysis brings together stakeholders todetermine in an objective and blame-free environmentwhy a mistake occurred This analysis can also be used toinvestigate a ldquonear missrdquomdasha situation where a mistake isnarrowly averted Root-cause analysis is being increasinglyused in the criminal justice system to examine events suchas wrongful convictions forensic lab errors or even officer-involved shootings and the lessons learned thus far showgreat promise

PARTING THOUGHTS

I will forever be grateful to our crime lab in Dallas forsaving all the evidence for future DNA testing Onlybecause of the forethought of those authorities could suchwrongs of the past be righted While many things have changed about our professionsince I started some of my fundamental convictions aboutwhat it takes to be an effective prosecutor have not Forinstance I still believe that being an honest and hardwork-ing prosecutor is a prerequisite for success But one of myearly convictions about prosecution was wrong I thoughtthen that honesty hard work and Brady were enough toguard against a wrongful conviction As it turns out thismistaken belief was a wrongful conviction on my part Inow have a new and hard-earned humility about thepotential fallibility of both the system and myself I hope

this humility makes me a better prosecutor I think it does

ENDNOTES

1 httpswwwinnocenceprojectorg2 I believe that anyone who works in the criminal justice system should study

the Michael Morton case for lessons learned I recommend his bookGetting Life An Innocent Manrsquos 25-Year Journey from Prison to Peace Simon ampSchuster 2014 The Texas Monthly archives also contains a wealth of infor-mation on the case and they can be accessed at httpswwwtexasmonth-lycom categorytopicsmichael-morton

3 Two eyewitness evidence must-reads for prosecutors are Eyewitness EvidenceA Guide for Law Enforcement National Institute of Justice 1999 found athttpswwwncjrsgovpdffiles1nij178240pdf and Identifying the CulpritAssessing Eyewitness Identification National Research Council 2014 foundat httpswwwnapeducatalog18891identifying-the-culprit-assessing-eyewitness-identification

4 For an overview of cognitive bias and decision-making read DanielKahnemanrsquos Thinking Fast and Slow Farrar Straus and Giroux 2011 andThe Invisible Gorilla How Our Intuitions Deceive Us Crown Publishing2010 D by Christopher Chabris and Daniel Simons Kim Rossmorsquosexcellent Criminal Investigative Failures CRC Press 2009 covers the dan-gers of cognitive bias in criminal investigations

5 For more information on the concept of an organized ldquodevilrsquos advocaterdquoapproach to combat cognitive biases see Bryce G Hoffmanrsquos Red TeamingHow Your Business Can Conquer the Competition by Challenging EverythingCrown Business 2017

6 Read Atul Gawandersquos book The Checklist Manifesto How to Get Things RightMetropolitan Books 2009 to explore how failures can result from com-plexity and volume of knowledge

7 In addition to the great training provided by TDCAA(httpswwwtdcaacomtraining) the National District AttorneysAssociation (httpwwwndaaorgupcoming_courseshtml) and theAssociation of Prosecuting Attorneys (httpwwwapaincorgupcoming-events) also offer training specifically for prosecutors The Center forAmerican and International Law (wwwcailaworgCriminal-Justiceindexhtml) too provides criminal justice practitioners training inactual innocence

8 For an idea of the latest criticisms in the dynamic world of forensic sciencesee Strengthening Forensic Science in the United States National ResearchCouncil 2009 found athttpswwwncjrsgovpdffiles1nijgrants228091pdf and Report to thePresident Forensic Science in Criminal Courts Ensuring Scientific Validity ofFeature-Comparison Methods the ldquoPCAST Reportrdquo Presidentrsquos Council ofAdvisors on Science and Technology 2016 found at httpsobamawhite-housearchivesgovsitesdefaultfilesmicrositesostpPCASTpcast_foren-sic_science_report_finalpdf

9 Matthew Syedrsquos Black Box Thinking Why Most People Never Learn From TheirMistakesmdashBut Some Do PortfolioPenguin 2015 and Gawandersquos ChecklistManifesto both explore this process

10 See National Commission on Forensic Science Directive RecommendationRoot Cause Analysis (RCA) in Forensic Science found athttpswwwjusticegovarchivesncfspagefile641621download for anexplanation of the principles of root cause analysis in the forensic sciencecontext

11 See the National Institute of Justicersquos Sentinel Event Initiative web page athttpswwwnijgovtopicsjustice-systemPagessentinel-eventsaspx forfurther study

12 In 2015 the National Institute of Justice and the Quattrone Center for theFair Administration of Justice at the University of Pennsylvania LawSchool collaborated on a multi-stakeholder sentinel event review involvinga notorious crime The resulting report can be found athttpswwwlawupennedulivefiles 6850-lex-st-report This report isan excellent example of mining mistakes to make the criminal justice sys-tem better


The PRO S ECUTOR

Change of HeartAurora Officersrsquo Efforts Prompt Sisters to Rethink Opinions About Police

BY CHR I S TO P H E R N E L SON

SYMONE BARNES HAD SEEN the news stories and thesocial media reports about Tamir Rice Philando CasteelFreddie Gray and other African-Americans who died afterencounters with police officers An African-American student at West Aurora HighSchool her mind was made up mdash she had already decidedthat she could not trust the police Her younger sisterDezember Barnes was the same ldquoWe hated law enforcementrdquo Symone said bluntly ldquoWesaw a lot of negative things on social media and in the newsIt took a toll on my opinion I was scared to do certainthings I didnrsquot get my driverrsquos license right away because ofwhat Irsquod seenrdquo The sistersrsquo opinions dramatically changed howeverthanks to the efforts of several Aurora police officersthrough the annual summer Law Enforcement Youth

Academy which is sponsored by theKane County Statersquos Attorneyrsquos Officein partnership with the Aurora PoliceDepartment and the Kane CountySheriff rsquos OfficeiiiiThe Barnes sisters were at firstunwilling participants but quicklychanged their minds not only aboutthe academy but also their personalfeelings about police officers and theimportant role police officers play inthe community

lsquoFORGET THE BAD SEEDSrsquo

Terra Barnes knew her daughtersrsquo fears and she sharedmany of them Her family was related through a marriageto Sandra Bland the former Naperville woman who in2015 was found dead in a Texas jail cell after she was arrest-ed during a traffic stop Although Blandrsquos death was ruled asuicide questions linger about how and why she died Terra also believed that despite their fears her daughtersneeded to understand that far more police officers than notare good fair and trustworthy So late this past spring not long after Dezember hadbeen bullied at school and then felt that her complaintabout being bullied was mishandled Terra made a desperatecall to the SAOrsquos Pam Bradley to inquire about the academy

Christopher Nelson is the public information officer for the Kane County Illinois Statersquos Attorneyrsquos Office

Dezember Barnes (left) and her sisterSymone Barnes (right) met Aurora PoliceOfficer Nikole Petersen during this summerrsquosLaw Enforcement Youth Academy

1 8 D E C E M B E R 2 0 1 7

ldquoI knew if they came across one good person maybetheyrsquod forget about the bad seedsrdquo said Terra who helps tomanage a family catering business in Aurora Illinoisrsquo sec-ond-most populous city Pam who is in her 19th year with the Kane SAO coor-dinates the academy which completed its 15th year this pastAugust Pam who works in the Child Support Unit getsassistance for the academy from the SAO along with theAurora Police Department the City of Aurora the KaneCounty Sheriff rsquos Office the FBI and Kane County judges The academy runs for seven weeks every summer at theAurora Police Department and Simmons Park across thestreet emphasizes physical and mental requirements andother aspects of a career in law enforcement Participantsare middle school and high school students from KaneCounty Most are from the Aurora area and many are fromat-risk neighborhoods ldquoThe academy is an important outreach opportunity forour office for police and others in law enforcement and forour justice systemrdquo said Joe McMahon Kane Countyrsquosstatersquos attorney since 2010 ldquoIt brings police officers andyoung people in Kane County together and reaffirms thatpolice are here to help them and not to be feared it helpsyouths see that they can achieve great things and it givesthem a taste of potential career opportunities ldquoIrsquom proud to be a part of this program Irsquom especiallyproud Pam Bradley and her work and Irsquom grateful for thecontributions of the Aurora Police Department and ChiefKristen Ziman and the Kane County Sheriff Don Kramerand his teamrdquo More than 300 students have graduated from the acade-my in its 15 years Many have become police officers servedin the military and even attended law school Symone and Dezember were among 47 participantsin 2017 ldquoSymone and Dezemberrsquos success wasnrsquot just that theychanged their minds about the policerdquo Pam said ldquoItrsquos alsothat they allowed their natural leadership skills to shinethrough They are very special girls who havebright futuresrdquo Terra heard about the academy from a friend whose chil-dren had participated When she called the SAO to inquireabout enrolling her daughters she wasnrsquot sure Pam wouldrespond because the academy had already started ldquoI was begging for Miss Pam not to get back to mymomrdquo Dezember said ldquoBut she didrdquo Once Terra knew her daughters would be allowed toparticipate her next step was to get them there ldquoMom told us we were going and to get dressedrdquoSymone said ldquoI thought lsquono wayrsquo But we wentrdquo

When they arrived at the Aurora Police DepartmentTerra had to beg the girls to get out of the car ldquoAs soon as we walked through the doors I knew wehad no choicerdquo Dezember said Aurora Officer Nikole Petersen who was assigned towork the academy this year with fellow Aurora OfficersDavid Bemer and John Gray said the Barnes sisters werenrsquotthe most reluctant participants however ldquoOne kid we went to his house and dragged him out ofbedrdquo Officer Petersen said The Barnes sisters quickly learned from the officers thatthey were in for a positive experience ldquoThey made it known that no matter what we were allconnected all the samerdquo Dezember said ldquoYou could feelthe love like a familyrdquo

HARD WORK TEAMWORK

The participants were divided into three teams whichcompeted against one another Within the teams the officersemphasized teamwork through group conversations andphysical activities Success in the physical activities such as running rollinglarge tires or climbing a concrete wall was based on theteamrsquos overall performance Each individual had to succeedfor the team to succeed so the team was only as good as itsweakest link ldquoIt was hard and we had to rely on our teammateswhich was difficult when they werenrsquot trying as hardbecause it affected how we performedrdquo Symone said ldquoNoone wanted to finish in last placerdquo Symone who is a cheerleader plays the saxophone singsand hopes to become a journalist said the physical activitiesinitially were overwhelming ldquoI had no stamina at firstrdquo said Symone who is a juniorthis year ldquoBut I started to improve within the first threedays They never gave up on merdquo Symone said Officer Petersen took particular delight inteasing her because shersquos a cheerleader ldquoShe thought I was soft and I wasrdquo Symone said Petersen laughed at the recollection but said she didnrsquottease Symone for being a cheerleader ldquoIt was because she wore makeuprdquo Petersen said ldquoWhowears makeup to work outrdquo Dezember who is a sophomore plays basketball and ten-nis Despite being more athletic than her older sister shealso struggled at first but learned from Officer Bemer tosucceed by prioritizing the team ldquoThe officers were clear that they were never going tostop trying with usrdquo Dezember said ldquoWhen we did work-


outs I made it harder for the entire squad Bemer would tellme that if I failed we all would fail He would really pushme Then I realized he wasnrsquot going to stop so I finally start-ed to push myselfrdquo Petersen said the sisters didnrsquot resist for long ldquoThe change in them was quick They were on board bythe second weekrdquo Officer Peterson said The change wasnrsquot just in working harder It also was inhelping the girls discover their leadership skills ldquoThey were really quiet at first But once Dezember gotin front of the class I could see that she wanted to be aleader If another girl didnrsquot participate I relied onDezember to get her to join the grouprdquo The sisters said a key to their improved attitude waslearning how much they could trust the officers ldquoThey made it clear that no matter what we were allconnected all the samerdquo Dezember said ldquoWe could all feelthe love of family and togetherness and that they weredetermined to get us united as a grouprdquo

LEARNING TRUST

The girls also said Pam Bradleyrsquos approach mdash the partic-ipants call her ldquoMiss Pamrdquo mdash was important in gettingthem to trust others

ldquoMiss Pam hellip the mother She could be strictrdquoDezember said ldquoI love her She was my motivation to dobetter I never wanted to let her down Plus she answeredmy momrsquos call I had to prove to her that I was there fora reasonrdquo Said Symone ldquoMiss Pam is a special person ldquoYou can feelher presence her natural love Wersquove made her a part ofour familyrdquo The sisters since have joined the academyrsquos alumnigroup which meets monthly Both have plans for beyondhigh school based on their experiences in the academySymone wants to be a journalist and be a force for excellence ldquoThe next generation needs to see there is good in theworld and not be consumed by bad thingsrdquo she saidldquoPeople need to be positive and they need role models justlike Petersen Beemer and Gray gave us mother andfather figuresrdquo Dezember plans to go to law school and eventually ownher own law firm as a defense attorney ldquoTherersquos still racism out there and I feel that as a defenseattorney I can show right from wrongrdquo she said Their mother said she still marvels at the positive changein her daughters ldquoThey were thanking me within a couple of days I wantto ask the officers what they didrdquo Terra said

GOOD V BAD

Another youth academy success story is Merina Olvera She too was a reluctant participant at first Pam saidMerina didnrsquot trust the police and had been recruited tojoin a gang Although she hadnrsquot joined she was consider-ing it and had many friends who were gang members Thenshe became involved in the youth academy In mid-August near the end of the academy DeniseCrosby a columnist for the Aurora Beacon-News spoke withMerina about the academy When the column was published an acquaintance whowas a gang member retaliated against her for participatingin the academy He threatened Merina on social media andthrew a brick through a window at her home Merina immediately confronted the person she believedwas responsible and called the police Because of the relationship shersquod built with APD throughthe academy she was able to help police identify the sus-pect who was charged with multiple felonies includingresidential burglary possession of a stolen firearm and crim-inal damage to property The case was adjudicated injuvenile court

Youth academy participants engage in a variety of physical activitiesduring their seven weeks together everything from pushing a car torolling a tractor tire end over end

2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR

Combatting Crime on the Dark WebHow Law Enforcement and Prosecutors are Using Cutting Edge Technology to Fight Cybercrime1

BY B J A LT VAT E R

1 The author of this article is Georgetown Law student B J Altvater The articlewas written as part of the Best Practices for Justice Prosecutor Practicumat Georgetown Law School Specific thanks go to John Temple AssistantDistrict Attorney in charge of the Human Trafficking Program in theNew York County District Attorneyrsquos Office for his insights and com-

ments Additional thanks go to Kristine Hamann Executive Director ofProsecutorsrsquo Center for Excellence (PCE) and Adjunct Professor for theProsecutor Practicum as well as Jessica Trauner Consulting Attorney withPCE who both assisted with the article

B J Altvater is a student at Georgetown University Law Center Washington DC


CRIMINALS ARE INCREASINGLY using shadowycorners of the internet to mask their identities andconduct illicit activities Marketplaces on the ldquodarkwebrdquo facilitate a range of criminal activities includinghuman trafficking and the distribution of childpornography However law enforcement and prosecu-tors are not helpless in the fight against these newcriminal tactics This paper will focus on two ways thatlaw enforcement and prosecutors have utilized tech-nology to find and prosecute criminals on the darkweb Part 1 of this article explains this new terrain ofcriminal activity by exploring the differences betweenthe surface web deep web and dark web Part 2explores the use of Network Investigative Techniques(NITs) to pierce the anonymity of criminals on thedark web Finally Part 3 discusses a new toolkit of pro-grams that can help investigators combat human traf-ficking with data-mining of the dark web

PART 1mdashWHAT IS THE DIFFERENCEBETWEEN THE SURFACE WEB DEEPWEB AND DARK WEB

The average person interacts with the internet onwhat is referred to as theldquosurface webrdquo The commondefinition of the surface web is all web pages that areindexed by normal search engines (eg Google Yahooor Bing) Search engines index web sites by followingthe links to all available sites and mapping out the webof connections2 For example social media news sitesand online retailers all exist on the surface webAccording to one study the surface web contains over4 billion indexed web sites3

As big as that sounds many experts believe that thesurface web makes up less than 1 of the internet4

The much larger part of the internet is made up ofcontent that is not indexed and is referred to as theldquodeep webrdquo One large source of deep web content isdatabases5 Some very large databases on the deep webare available to the public such as those hosted by theUS Census Bureau Securities and ExchangeCommission and Patent and Trademark Office Otherdatabases are owned by companies (eg LexisNexisand Westlaw) that charge a fee to access the content6

Another large source of content on the deep web isprivate networks like those operated by companiesuniversities or government agencies7

The ldquodark webrdquo is similarly made up of sites that arenot indexed by search engines However websites onthe dark web are also anonymously-hosted and areonly accessible with special software and browsers thatmask onersquos IP address8 The most common tool to nav-igate the dark web is the Tor (The Onion Router)browser9 Tor routes internet traffic through a series ofldquonodesrdquo which are computers hosted on the Tor net-work by volunteers The process of randomly bounc-ing data through many different nodes makes it nearlyimpossible to trace the data back to an internet user10

In fact the US Naval Research Laboratory initiallydeveloped Tor as a way to secure communications11

While the dark web was not designed to facilitatecriminal enterprises law enforcement and prosecutorsare increasingly facing legal challenges involvinganonymous services online In fact one recent studyrevealed ldquothe most common uses for websites on Torhidden services are criminal including drugs illicit

2 Jose Pagliery The Deep Web You Donrsquot Know About CNN MONEY (Mar 102014) httpmoneycnncom20140310technologydeep-webindexhtml

3 THE SIZE OF THE WORLD WIDE WEB (THE INTERNET)httpwwwworldwidewebsizecom (last visited Oct 30 2016)

4 Pagliery supra note 15 Id6 Id7 Id8 Cadie Thomspson Beyond Google Everything You Need to Know About the

Hidden Internet TECH INSIDER (Nov 25 2015) httpwwwtechinsid-eriodifference-between-dark-web-and-deep-web-2015-11

9 Id10 Tor Project httpswwwtorprojectorgaboutoverviewhtmlen (last visited

Oct 30 2016)11 Geoffrey A Fowler Tor An Anonymous And Controversial Way to Web-Surf

THE WALL STREET JOURNAL (Dec 12 2012)httpwwwwsjcomarticlesSB10001424127887324677204578185382377144280 see also Damon McCoy et al Shining Light in Dark PlacesUnderstanding the Tor Network UNIVERSITY OF COLORADO BOUL-DER COhttphomescswashingtonedu~yoshipapersTorPETS2008_37pdf

2 2 D E C E M B E R 2 0 1 7

finance and pornography involving violence childrenand animalsrdquo12

PART 2mdashHOW CAN PROSECUTORS ANDLAW ENFORCEMENT USE NETWORKINVESTIGATIVE TECHNIQUES (NITS)ON THE DARK WEB

Criminal actors and organizations are increasinglyrelying on the anonymity provided by the dark web tohost web sites that traffic illicit materials and contentOne way that law enforcement and prosecutors areable to pierce the dark webrsquos cloak of anonymity is byemploying a network investigative technique (NIT)Operation Pacifier is a recent example where the FBIand DOJ employed an NIT to find and prosecutecriminals operating on the dark web While the use ofNITs has been limited to federal law enforcementstate and local law enforcement agencies withadvanced cyber capabilities may employ this tactic inthe future

What is Operation Pacifier In August 2015 a new website called ldquoPlaypenrdquoappeared on the dark web Playpenrsquos focus was ldquothe advertisement and distrib-ution of child pornographyrdquo and this new site allowedusers to post images13 The site had almost 60000accounts registered in its first month and nearly215000 accounts by 201614 Playpen hosted over117000 posts with 11000 visitors per week andmuch of the content included ldquosome of the mostextreme child abuse imagery one could imaginerdquo15

The FBI described Playpen as ldquothe largest remainingknown child pornography hidden service in the worldrdquo16

In February 2015 the FBI seized the server runningPlaypen from a web host in Lenoir North Carolina17

However the FBI did not immediately shut the sitedown18 Instead the FBI operated the site from its ownservers in Virginia from February 20th to March 4th19

While the FBI maintained control of Playpen duringthis period law enforcement officers were able todeploy a network investigative technique (NIT) toidentify and later prosecute users of the site20

The FBIrsquos efforts to take control of Playpenrsquos serversdeploy an NIT (ie a hacking tool) to identify users

and then prosecute individuals on child pornographycharges became known as Operation Pacifier21

Currently the Department of Justice has publiclyacknowledged ldquoat least 137 cases have been filed infederal court as a result of this investigationrdquo22 An FBIspecial agent explained in one court that ldquoThe NITwas deployed against users who accessed posts in thelsquoPreteen VideosmdashGirls Hardcorersquo forum because usersaccessing posts in that forum were attempting to access

12 Daniel Moore amp Thomas Rid Cryptopolitik and the Darknet SURVIVALGLOBAL POLITICS AND STRATEGY 21 (Feb 1 2016)httpwwwtandfonlinecomdoipdf1010800039633820161142085needAccess=true

13 Joseph Cox The FBIrsquos lsquoUnprecedentedrsquo Hacking Campaign Targeted Over aThousand Computers MOTHERBOARD (Jan 5 2016) httpsmother-boardvicecomreadthe-fbis-unprecedented-hacking-campaign-targeted-over-a-thousand-computers

14 Id15 Id

16 Id17 Id18 Id19 Id20 Id21 Joseph Cox Dozens of Lawyers Across the US Fight the FBIrsquos Mass Hacking

Campaign MOTHERBOARD (Jul 27 2016)httpsmotherboardvicecomreaddozens-of-lawyers-across-the-us-fight-the-fbis-mass-hacking-campaign-playpen

22 Id

Playpenrsquos existence in the dark

web meant that the locations of

both its servers and the

computers accessing the site

were concealed


or distribute or advertise child pornographyrdquo23

Additionally Judge Robert J Bryan has stated ldquoTheFBI setup the NIT so that accessing the forum hyper-link not Website Arsquos [Playpen] main page triggered theautomatic deployment of the NIT from a govern-ment-controlled computer in the Eastern District of Virginiardquo24

What is a Network Investigative Technique (NIT)Playpenrsquos existence in the dark web meant that thelocations of both its servers and the computers access-ing the site were concealed As discussed above userscould only access the site via the Tor browser whichanonymized user traffic As part of Operation Pacifierthe FBI successfully located the Playpen server andgained control However the FBI still was not able toidentify the locations of individuals who were postingor consuming child pornography on the web sitethrough Tor25 In order to determine the Playpen usersIP addresses the FBI employed a court-authorizedhacking method referred to as an NIT26

An NIT consists of four main components (1) agenerator (2) an exploit (3) a payload and (4) a log-ging server A generator runs on the ldquohidden servicerdquo (eg Playpen) and produces a unique identification (ID)number that is associated with each user of the darkweb site The generator then transmits that unique IDalong with the exploit and payload to each userrsquos owncomputer Once on a userrsquos computer the exploit takescontrol of the Tor browser (ie hacks) and executes thepayload The details of exactly how the exploit worksis ldquothe most sensitive part of an NIT mdash public disclo-sure not only risks losing the opportunity to use thetechnique against other offenders but would also per-mit criminals or authoritarian governments to use itfor i l l icit purposes until a patch is developedand deployedrdquo27

Next the payload searches a userrsquos computer for

those materials authorized in a search warrantRelevant information would likely include the indi-vidualrsquos username the unique identifying number ofthe computerrsquos network card (ie MAC address) andthe computerrsquos name After identifying this informa-tion the payload sends it to the logging service andcreates a record of the computer that the user used toaccess the dark web site This process also allows thepayload to capture the public IP address of the userrsquoscomputer The logging service records all of the infor-mation sent from the payload on a separate computerat the FBI28

The FBI can then use the IP addresses to serve asubpoena on an internet service provider which willprovide the government with a userrsquos name and phys-ical address Armed with probable cause that the useraccessed illegal content the FBI then obtains a searchwarrant for the userrsquos computer By seizing the com-puter the government is able to prove that the samecomputer with that NIT accessed the dark web site29

What Are the Key Legal Defenses to Operation Pacifier Prosecutions Two common defense strategies have unfolded fromthe current prosecutions of individuals identified byFBIrsquos use of an NIT under Operation Pacifier (1)compel the government to disclose the NITrsquos sensitiveexploit code and (2) challenge the warrant as funda-mentally flawed30

ldquoDisclose or Dismissrdquo One defendant charged as part of OperationPacifier was able to keep evidence out of court byrequesting all of the source code for the NIT JayMichaud a public school administrator in VancouverWashington was arrested in July 2015 as part of theFBIrsquos investigation and deployment of an NIT involv-

23 Joseph Cox FBI Hacking Tool Only Targeted Child Porn Visitors MOTHER-BOARD (Jul 29 2016) httpsmotherboardvicecomreadfbi-hacking-tool-only-targeted-child-porn-visitors

24 Id25 Susan Hennessy amp Nicholas Weaver A Judicial Framework for Evaluating

Network Investigative Techniques LAWFARE (Jul 28 2016 1017 AM)httpslawfareblogcomjudicial-framework-evaluating-network-inves-tigative-techniques

26 Id27 Id28 Id29 Id30 Cox supra note 20

2 4 D E C E M B E R 2 0 1 7

ing the Playpen web site31 Michaudrsquos attorneysrequested the course code for the NIT which theyargued they needed in order to understand how thegovernment identified their client32

The government initially turned over an incom-plete version of the NIT code but the defensebelieved that critical pieces were missing33 Michaudrsquosattorneys argued they needed the part of the code thatcould determine whether the NIT- produced identifi-er assigned to Michauds computer was in factunique34 Michaudrsquos team also requested the exploitcode that was used to bypass his web browser becausethey argued they needed the exploit details to ensurethat the NIT did not engage in any actions beyond thegovernments description of the code35

The government responded by stating that defen-dantrsquos discovery request of the NIT source code hadno bearing on the large amounts of child pornographythat the FBI found on Michaudrsquos thumb drives andcell phone36 However Judge Robert J Bryan of theWestern District of Washington disagreed and heordered the government to turn over the full NITsource code stating

ldquoMuch of the details of this information is loston me I am afraid the technical parts of it butit comes down to a simple thing hellip You sayyou caught me by the use of computer hack-ing so how do you do it How do you do itA fair question hellip The government shouldrespond under seal and under the protectiveorder but the government should respondand say heres how we did itrdquo37

In response the Department of Justice filed a sealedmotion asking the judge to reconsider38 An FBI agent

involved in Operation Pacifier also provided a publicstatement where he rebuffed the defendantrsquos rationalefor requesting the entire NIT source code39 Heexplained ldquoDiscovery of the lsquoexploitrsquo would do noth-ing to help [the defense] determine if the governmentexceeded the scope of the warrant because it wouldexplain how the NIT was deployed to Michaudscomputer not what it did once deployedrdquo40 He con-tinued ldquoDetermining whether the governmentexceeded the scope of the warrant thus requires ananalysis of the NIT instructions delivered to Michaudscompu t e r no t t h e me thod by wh i ch t h eywere deliveredrdquo41

However Judge Bryan still ruled that the defendantwas entitled to see the NIT exploit code under a pro-tective order As discussed above the exploit code

details how the FBI was able to circumvent the privacyprotections built into the Tor Browser and is the mostsensitive part of the NIT In the case against Michaudthe DOJ ultimately refused to produce the informa-tion for Michaud and Judge Bryan suppressed the evi-dence42 The FBI and DOJ attorneys concluded that

31 Joseph Cox Transcript Shows Why a Judge Ordered the FBI to Reveal Its MassHacking Malware MOTHERBOARD (Feb 24 2016) httpmother-boardvicecomreadtranscript-shows-why-a-judge-ordered-the-fbi-to-reveal-mass-hacking-malware-playpen-jay-michaud

32 Id33 Id34 Id35 Id36 Id37 Id

38 Joseph Cox amp Sarah Jeong FBI Is Pushing Back Against Judges Order to RevealTor Browser Exploit MOTHERBOARD (Mar 29 2016) httpsmother-boardvicecomreadfbi-is-pushing-back-against-judges-order-to-reveal-tor-browser-exploit

39 Id40 Id41 Id42 Joseph Cox A Judge Just Made It Harder for the FBI to Use Hacking MOTH-

ERBOARD (May 25 2016)httpsmotherboardvicecomreadplaypen-tor-browser-exploit

The FBI and DOJ attorneys

concluded that disclosure of the

NIT exploit code even under a

protective order involved too

great a risk to continue the case

against Michaud


disclosure of the NIT exploit code even under a pro-tective order involved too great a risk to continue thecase against Michaud

Challenging the Search Warrant Another defense successfully employed by anOperation Pacifier defendant Alex Levin is to chal-lenge the search warrant for the NIT43 Defendantshave successfully challenged the validity of the searchwarrant under two theories (1) the warrant is overlybroad and (2) the warrant is in violation of Rule 41 ofthe Federal Rules of Criminal Procedure A key argument for challenging the validity of theNIT warrant is that it was overly broad Specificallylegal opponents point out that the NIT warrantenabled the FBI to deploy its payload (ie hack) to anyldquoactivating computerrdquo which would be any computerthat logged on the target site That means that the war-rant did not specify exactly which computers wouldbe searched to whom they belonged to or even wherethe systems were physically located Thousands of usersvisited Playpen during the two-week period that theFBI maintained control of the site and those userswere located all over the world44

In an amicus brief filed against the NIT warrantused in Operation Pacifier the Electronic FrontierFoundation (EFF) argued that the warrant was uncon-stitutional and stated

ldquoThe Warrant here did not identify anyparticular person to search or seize Nor did itidentify any specific user of the targeted web-site It did not even attempt to describe anyseries or group of particular users Similarlythe Warrant failed to identify any particulardevice to be searched or even a particular type

of device Compounding matters theWarrant failed to provide any specificity aboutthe place to be searched mdash the location of theldquoactivating computersrdquo45

Attorneys for defendant Alex Levin argued in theDistrict of Massachusetts that the warrant issued in theEastern District of Virginia was overly broad and fun-damentally flawed46 One defense attorney argued thatthe NIT warrant ldquoeffectively authorize[d] an unlimit-ed number of searches against unidentified targetsanywhere in the worldrdquo47 Judge William G Young ofthe District of Massachusetts agreed with Levinrsquosdefense and excluded all of the evidence gathered bythe use of the NIT48 He stated ldquoBased on the forego-ing analysis the Court concludes that the NIT warrantwas issued without jurisdiction and thus was void abinitio It follows that the resulting search was conduct-ed as though there were no warrant at allrdquo49 DespiteJudge Youngrsquos ruling judges of Playpen cases proceed-ing in other jur isdictions have not yet applied similar reasoning In addition to the claim that that the NIT warrantwas unconstitutional defendants have also argued thatthe warrant violated Rule 41 of the Federal Rules ofCriminal Procedure50 Rule 41 authorizes magistratejudges with few exceptions to issue search warrantsonly in the judgersquos own judicial district The ldquoterritor-ialrdquo requirement helps to protect against law enforce-ment seeking out a sympathetic judge who has noconnection to the judicial district in order to obtainsearch warrants51

Opponents of the NIT warrant argued that themagistrate judge who granted the warrant in theEastern District of Virginia violated the Rule 41 terri-torial requirement by authorizing a search of any com-

43 United States v Levin NO 15-10271-WGY 2016 WL 2596010 (D Mass May5 2016) (order suppressing evidence)

44 Andrew Crocker Why the Warrant to Hack in the Playpen Case Was anUnconstitutional General Warrant ELECTRONIC FRONTIER FOUNDA-TION (Sep 28 2016) httpswwwefforgdeeplinks201609why-war-rant-hack-playpen-case-was-unconstitutional-general-warrant

45 Id46 Joseph Cox In a First Judge Throws Out Evidence Obtained from FBI Malware

MOTHERBOARD (Apr 20 2016)httpsmotherboardvicecomreadin-a-first-judge-throws-out-evidence-obtained-from-fbi-malware

47 Id48 Id49 Id50 See FED R CRIM P 4151 Mark Rumold The Playpen Story Rule 41 and Global Hacking Warrants

ELECTRONIC FRONTIER FOUNDATION (Sep 26 2016)httpswwwefforgdeeplinks201608illegal-playpen-story-rule-41-and-global-hacking-warrants

2 6 D E C E M B E R 2 0 1 7

puter that accessed Playpen52 Prior to obtaining thewarrant and deploying the NIT the FBI would nothave been able to determine the locations of usersaccessing Playpen via the Tor browser53Thus since theFBI was unable determine where the search wouldtake place (or at least the judicial district) opponentsargued that the warrant ran afoul of Rule 4154

In April of 2016 the Supreme Court approved achange to the existing Rule 41 that would allow fed-eral judges to issue search warrants that target comput-ers outside their judicial district55 A panel of federaljudges drafted the new version of the rule at therequest of the Department of Justice and Chief JusticeRoberts submitted the rule to Congress as part of theCourtrsquos annual amendments to the Federal Rules ofCriminal Procedure56 The change to Rule 41 wouldpermit a magistrate judge to issue a warrant like theOperation Pacifier NIT warrant to hack into comput-ers and seize data outside the judgersquos jurisdiction whenthe computerrsquos physical location ldquohas been concealedthrough technical meansrdquo57

PART 3mdashDATA-MININGAND THE DARK WEB

The vast quantity of data on the internet frequentlychallenges investigators trying to find information rel-evant to an investigation Investigators face an evengreater challenge on the dark web where informationon criminal enterprises is located in obscure advertise-ments or on hidden service websites However onenew data-mining toolkit called Memex is enablinginvestigators to find critical information Some investi-gators are already utilizing this new toolkit to combat

human trafficking on the dark web

What is MEMEX Anonymity on the dark web enables a wide rangeof criminal activities to flourish Human trafficking isone illegal activity that takes advantage of anonymousbuying and selling on the dark webrsquos hidden serviceweb sites58 Even a human trafficker still needs to tellpotential customers how to find his hidden sitethough59 As discussed above web sites on the darkweb are not indexed by the major search engines sothe illicit sites would not show up in the results of aGoogle search60 To drive traffic human traffickers onthe dark web often use one-off advertisements insocial posts and chat rooms that usually only containphotos and code words commonly associated with thesex trade61This advertising tactic makes it very difficultfor law enforcement to find and track individualsengaged in human trafficking62

However one program manager at the DefenseAdvanced Research Projects Agency (DARPA)63 cameup with a way to make it easier to find human traffick-ers on the dark web64 Chris White a program managerat DARPA had experience building tools for miningbig data and visualizing the results while supportingthe military in Afghanistan65 He later used that expe-rience to lead a project at DARPA aimed at building asuite of search-engine tools that would enable users[eg law enforcement] to find interact with andunderstand data available on the surface web deepweb and dark web66 White and his team called thissuite of applications Memex a combination of ldquomem-oryrdquo and ldquoindexrdquo67

DARPA decided to test Memex by giving it to cer-

52 Id53 Id54 Id55 Matt Ford The Supreme Court Expands FBI Hacking Powers THE ATLANTIC

(Apr 29 2016)httpwwwtheatlanticcompoliticsarchive201604supreme-court-fbi-hacking480498

56 Id57 Id The new rule will go into effect on December 1 2016 unless Congress

passes legislation to override the proposed change by the Court See id58 Charles Graeber The Man Who Lit the Dark Web POPULAR SCIENCE

(Aug 30 2016) httpwwwpopscicomman-who-lit-dark-web

59 Id60 See supra Part I (A)61 Graeber supra note 6662 Id63 DARPA is part of the Department of Defense The organizationrsquos mission is

ldquoto make pivotal investments in breakthrough technologies for nationalsecurityrdquo DEFENSE ADVANCED RESEARCH PROJECTS AGENCYhttpwww darpamilabout-usabout-darpa

64 Graeber supra note 6665 Id66 Id67 Id


tain law enforcement agencies to combat human traf-ficking68 Many parts of the Memex suite of tools havedirect applications to help investigators find sex traf-fickers One of the first tools utilized by law enforce-ment was called ldquoDatawakerdquo Although the functions ofDatawake have since been absorbed into other Memextools the program originally helped law enforcementto find and organize relevant data from an otherwiseoverwhelming amount of data For example a lawenforcement officer may have had an email address or

phone number for a known prostitute A standardGoogle search of that one email or phone numberwould likely result in thousands of hits and almost allof those hits would be irrelevant Looking through allof the thousands of search results in order to find a fewuseful tips would overwhelm investigators69

However the same law enforcement officer was ableto use Datawake to search through all of those sameGoogle results and organize it visually with differentlines and circles showing the connections between dif-ferent pieces of informationAfter seeing the results inDatawake officers were able to see other names phonenumbers or photos that repeatedly link to the originalemail or phone number These connections in turngreatly aided law enforcement to pursue relevant leads

without getting lost in a sea of data Datawake alsoenabled investigators to review prior cases and searchthe phone numbers emails and addresses used as evi-dence in sex crime prosecutions The tool evenrevealed additional information that helped build newcases of criminal conspiracy by linking individualsalready in prison to existing human trafficking operations70

ldquoTellFinderrdquo is a very useful current program in theMemex toolkit Tellfinder retrieves co-referencedinformation from sex ads on the internet and orga-nizes the commonalities By examining these com-monalities in the ads investigators are able to identifygroups that are likely by the same author As an exam-ple a law enforcement officer could pull hundreds ofthousands of current sex ads from the internet andTellFinder would populate them as bubbles on a mapdisplay of the US Once displayed the officer couldthen zoom in on a particular jurisdiction and thenscroll to show how the sex ads were posted over timeThe map display also shows common pieces of infor-mation in the ads (eg phone numbers emails andaddresses) and the program even has the capability torecognize photos that contain the same backgroundAdditionally the officer could also track the sex ads fora particular woman over time as a way to identify thetrack of how she was being traff icked around the country71

ldquoDigrdquo is another very useful tool that takes that co-referenced information pulled by TellFinder and sortsit into a very organized list mdash a list similar to one youwould get from a search on Amazon Dig displays dif-ferent categories and key terms along the side of theresults so an investigator can further hone and filtersearches Dig also has the ability to perform some evenmore advanced photo commonality searches than in TellFinder72

Finally ldquoAperture Tilesrdquo is another powerful toolthat ldquomakes formerly unmanageable amounts of infor-mation mdash think billions of moving data points on amap mdash manageablerdquo73 As an example Aperture Tiles

68 Id69 Id70 Id

71 Id72 Id73 Id

After seeing the results in

Datawake officers were able to

see other names phone

numbers or photos that

repeatedly link to the original

email or phone number

2 8 D E C E M B E R 2 0 1 7

can compare the addresses associated with the sextrade (eg certain motels) with the location informa-tion associated with social media posts Many postersare unaware that the location feature of an applicationis enabled providing valuable geographic informationon where a particular sex ad was actually posted Byanalyzing this data through Aperture Tiles lawenforcement officers can identify patterns of how sextraffickers are moving around a particular city The toolcan also help to identify how certain traffickers operatein one city for a few days before moving on to a newlocation Law enforcement can even use the tool toshow an international nexus as Aperture Tiles hasdemonstrated that some known traffickers are fre-quently located in Southeast Asia74

How Have Prosecutors Used Memex to Prosecute Human Traffickers The DARPA team which began testing Memexwith law enforcement in 2014 has continued to intro-duce the platform to district attorneyrsquos offices lawenforcement and non-governmental organizations(NGOs)75 The New York Police Department andManhattan District Attorneyrsquos Officersquos (DANY)Human Trafficking Response Unit have employedMemex since January 201476 Today DANY usesMemex in every human trafficking case and investiga-tors screened 4752 potential cases in the first sixmonths of 201677 Manhattan District Attorney CyrusVance described his officersquos use of Memex

ldquoWe cannot rely on traumatized victims aloneto testify in these complex cases When sextraffickers create online ads for their victimsrsquosexual services they leave a digital footprintthat leads us to their criminal activity Because

those ads are frequently removed or intention-ally hidden on the lsquodark webrsquo it puts thembeyond the reach of typical search enginesand therefore beyond the reach of lawenforcement With technology like Memexwe are better able to serve trafficking victimsand build strong cases against their traffickersrdquo78

One early case the prosecution of BenjaminGaston helped to show the benefits of Memex toDANY79 Gaston found a woman advertising sexualservices online kidnapped her and then forced her toearn money for him by having sex with other men80

After two days and numerous sexual assaults the vic-tim ldquoattempted to escape from the sixth-floor windowof the room where she was being held falling morethan 50 feet to the ground breaking multiple bonesrdquo81

DANY was able to verify the victimrsquos testimony byconducting Memex searches for advertisements withher photo on the dark web Utilizing the informationfrom the Memex queries prosecutors were able toestablish a timeline that confirmed the victimrsquos state-ments and strengthened the case Gaston later receiveda sentence of 50-years-to-life in state prison82

The case of Froilan Rosado also highlights the suc-cess of Memex in DANY Law enforcement beganinvestigating Rosado in 2014 after picking up an 18-year-old prostitute in a sting operation The prostitutetold police that she had previously been kicked out ofher foster home and had nowhere to go Rosado hadtaken her in and then began pimping her out Rosadoinvestigators would discover was an expert at luringgirls over social media some as young as 15 He thenused drugs and violence to keep them in the sex trade83

Prosecutors wanted to build a strong case againstRosado but they did not know the names phone

74 Id75 Larry Greenemeier Human Traffickers Caught on Hidden Internet SCIENTIF-

IC AMERICAN (Feb 8 2015) httpswwwscientificamericancomarti-clehuman-traffickers-caught-on-hidden-internet

76 NEW YORK COUNTY DISTRICT ATTORNEYrsquoS OFFICE MAN-HATTAN DISTRICT ATTORNEYrsquoS OFFICE APPLIES INNOVA-TIVE TECHNOLOGY TO SCAN THE ldquoDARK WEBrdquo IN THEFIGHT AGAINST HUMAN TRAFFICKING (Feb 9 2015)httpmanhattandaorgpress-releasemanhattan-district-attorneyrsquos-office-applies-innovative-technology-scan-ldquodark-webrdquo-fig

77 Graeber supra note 6678 NEW YORK COUNTY DISTRICT ATTORNEYrsquoS OFFICE supra note

10479 Id80 Id81 Id82 Id83 Id


numbers or whereabouts of his other victims This wasespecially difficult because Rosado frequently changedthe online advertisements for the girls he traffickedHe also changed the girlsrsquo names and utilized pre-paiddisposable cell phones (ie burner phones) All thesedetails made it difficult for investigators to tie Rosadoto a larger prostitution ring84

Investigators then utilized the Memex tools Dig andTellFinder to mine information about Rosadorsquos delet-ed and current sex ads The search results linked pho-tos names emails phone numbers and previouslyunknown victims

Investigators were even able to take new phonenumbers mentioned over the phone by Rosado (whowas still running his sex trafficking ring while awaitingtrial at Rikers Island) and search for even more newconnections in Memex Investigators were eventuallyable to link Rosado to a prostitution ring of 10teenagers ranging from 15 to 18 years old OnSeptember 15 2015 Rosado received a sentence of 7-to-14 years in prison after guilty verdicts for all of thecharges against him one count of Sex Trafficking andtwo counts of Promoting Prost i tut ion in the Third Degree85

84 Id85 NEW YORK COUNTY DISTRICT ATTORNEYrsquoS OFFICE DA

VANCE FROILAN ROSADO SENTENCED TO 7-TO-14 YEARSFOR PROSTITUTING TEENAGE GIRLS (Sep 15 2015) httpman-hattandaorgpress-releaseda-vance-froilan-rosado-sentenced-7-14-years-prostituting-teenage-girls

CONCLUSION

The dark web provides a high-degree of anonymity to users including criminals engaging in

illicit activities In the case of Operation Pacifier the FBI skillfully gained control of the Playpen

server before employing an NIT This novel approach to identifying individuals who access child

pornography on the dark web also raised new challenges from the defense bar However the use

of NITs to combat criminal behavior on the dark web will likely increase The revised version of

Rule 41 went into effect on December 1 2016 and will aid law enforcement in obtaining warrants

for NITs State and local investigators may also employ NITs as departments gain the required

technical expertise

Additionally Memex and other dark web data-mining tools will continue to proliferate within

the law enforcement community These platforms provide powerful ways to sift through large vol-

umes of information and provide links of criminals trafficking humans on the dark web Traditional

law enforcement techniques such as undercover or surveillance operations still serve an important

part in combatting crime on the dark web However increasingly investigators and prosecutors may

need to turn to cutting-edge technology in order to identify suspects build cases and prosecute

dark web criminals

3 0 D E C E M B E R 2 0 1 7

The PRO S ECUTORLove Hope and Random DrugTestingldquoRadicalrdquo Strategies forTurning Lives AroundBY SU S AN B ROD E R I C K JD

THE NATION is in the midst of the worst addiction crisisin its history The Center for Disease Controlrsquos most recentreport revealed that the rate of drug overdose deaths hasincreased 137 since 2000 including a 200 increaseinvolving opioids (CDC 2016) People are cycling in andout of treatment and both families and communities aredesperate to find new ways to respond to the crisis While some argue that we canrsquot arrest our way out of thisepidemic I truly believe that the justice system plays a crit-ical role in how we respond to it As a former prosecutor Iknow that a referral to the justice system can be a motivat-ing force to initiate change As a woman in long-termrecovery I also know that very often change can be sus-tained by offering people hope and positive support My recommendation is a simple yet important one usethe leverage of the justice system to turn lives around andget people back on track not destroy their lives Given the crime and public safety concerns generated bycompulsive addictive behaviors the justice system will playa role in responding to this epidemic and I believe it canactually play a transformative role in helping to alleviate thiscrisis It can provide the unique leverage and access to treat-ment that can mark the beginning of recovery In factresearch confirms the criminal justice system can serve asthe motivational fulcrum that can aid treatment retentionimprove rates of remission and decrease relapse and re-arrest over the long-term (Kelly Finney Moos 2005) Anyone recovering from an alcohol or drug addictionwill tell you that they didnrsquot make the decision to get soberbecause their life was great They made the decision becauseof consequences andor negative outcomes associated withtheir use Very often an arrest or referral to court will be the

ldquobottomrdquo for many individuals with an alcohol or otherdrug use disorder that will initiate a willingness to changeResearch has confirmed that the most common reasoncited for getting sober was ldquoescalating negative conse-quencesrdquo (Laudet 2007) What we need to do is to work with those in the justicesystem to make sure we are doing all that we can to sustainthat motivation to change How do we do this While thereis no single answer an important component involves pro-viding those on the front lines with a greater understandingof the true nature of addiction and how to best preventintervene and support recovery from the disease The con-cept of recovery is still relatively unknown to those in thejustice system yet it is a critical component in reducingrecidivism Over the past twenty years there have been significantadvances in the science surrounding addiction and recoveryStudies have confirmed that addiction is a chronic yet pre-ventable and treatable disease Last year the groundbreakingreport on ldquoFacing Addiction in America The SurgeonGeneralrsquos Report on Alcohol Drugs and Healthrdquo (USDepartment of Health and Human Services (HHS 2016)highlighted the most recent science and best practices acrossthe entire spectrum mdash from prevention through recoverysupport Given the current epidemic it is imperative thatstakeholders across the justice systems are well educated andtrained on these latest findings Current efforts to try to initiate and enforce abstinenceneed to be supported and expanded During the diversionperiod or pendency of a court case conditions such as ran-domized drug testing can be effective incentives to encour-age people to not use drugs or alcohol Programs such as

SUSAN

BRODERICK

Susan Broderick is an Associate Research Professor at Georgetown Universityrsquos Public Policy Institute Washington DC


HOPE Probation and South Dakotarsquos 247 have showngreat success in the criminal justice field in both reducingsubstance use and offending through the use of randomizeddrug testing (DuPont 2017) But drug testing and monitoring are not enough If wetruly want to turn a life around we must recognize thatpeople need a reason to believe that things can change forthe better Consequences may help initiate change but inorder to sustain change there must be a belief that stayingabstinent will be worth the struggle it entails and providepositive incentives for recovery (McKay 2016) Providing ldquoalternative re-enforcersrdquo are crucial mdashrewarding things that a person can do to compete with andreplace activities associated with drug use (Volkov 2011)When drugs and alcohol are taken out of someonersquos life thevoid must be filled or there will be a return to the drugs andalcohol One way to fill that gap is with involvement with arecovery-supportive peer network The importance of con-necting with others who have been through the same ldquocri-sisrdquo and are now on the other side cannot be overstatedNothing offers greater hope or resilience than seeing some-one who has overcome exactly what you are struggling with I learned the importance of peers first hand when Imade the decision to get sober I also learned it from mytwo bouts with breast cancer In each of those experiencesit wasnrsquot doctors or professionals who strengthened myresolve it was the love and support I received from otherswho had been through it Survivors told me I could do ittoo and as living proof I believed them Research confirms that there is a transformative powerinherent in hope and other positive emotions (Vaillant2008) With all of the pessimism and stigma surroundingaddiction itrsquos time to change the focus to emphasize thepositive possibilities of recovery In fact studies have shownthat those individuals in recovery often experience a ldquobetterthan wellrdquo effect in which they find a greater sense of joyand hope in their recovery journey (Hibbert and Best2011) This is not only true with regard to recovery from addic-tion but with desistance from offending The emergingfield of ldquoPositive Criminologyrdquo centers on the concept thatgrowth and positive change can be a direct result of nega-tive experiences such as arrest and addiction (Ronel andElisha 2011) Very often an adverse experience can actuallybecome the turning point for a new way of life (Best2012) Both desistance from offending and recovery fromaddiction are associated with positive life influences thatenable the growth of personal and social strengths (Best andAston 2015) Last month I attended the National Association of Drug

Court Professionals (NADCP) annual training conferenceWith over 5000 attendees it is one of the most respectedand well-attended conferences for those working on thefront lines and dealing with substance use and justice issuesIn past years many of the presentations centered on andaround treatment but this year things were different Therewas a palpable shift and the concept of ldquorecoveryrdquo was fea-tured throughout the panel discussions workshops and pre-sentations I have believed that we are on the verge of a ldquoRecoveryRevolutionrdquo for quite some time and after attending thisyearrsquos NADCPrsquos conference I am more convinced thanever The opioid epidemic has (in many ways) created theperfect storm for the emergence of this movement The front page headlines of overdose deaths and theadversity caused by this epidemic are giving way to therecognition of just how pivotal the concept of recovery isInterestingly this further confirms what the proponents ofPositive Criminology espouse growth and positive changecan be the result of negative experiences The love and hopethat surround recovery are being recognized as not just niceto have but critical components of staying alive Itrsquos time we start talking about this revolution

n Best D and Aston E lsquoLong term recovery from addiction Criminaljustice involvement and positive criminologyrdquo In Ronel N andSeger D (eds) Positive Criminology Routledge Frontiers of CriminalJustice 23177-193 (2015)

n DuPont R Brain Research Bulletin (2017) httpdxdoiorg101016jbrainresbull201706008

n Hibbert L and Best D lsquoAssessing recovery and functioning in formerproblem drinkers at different stages of their recovery journeysrsquo Drugand Alcohol Review 30 12-20 (2011)

n Kelly JF Finney JW and Moos R Substance use disorder patientswho are mandated to treatment Characteristics treatment process and1- and 5-year outcomes Journal of Substance Abuse Treatment 28(3)213-223 2005 [Abstract]

n Laudet A Savage R Mahmood D lsquoPathways to Long-TermRecovery A Preliminary Investigationrsquo J Psychoactive Drugs 200734(3) 305ndash311

n McKay JR lsquoMaking the Hard Work of Recovery More AttractiveFor Those With Substance Use Disordersrdquo Addiction 2016 112 751-757 (2016)

n Ronel N and Elisha E ldquoA different perspective Introducing PositiveCriminologyrdquo International Journal of Offender Therapy and ComparativeCriminology 55 (2) 305-325 (2011)

n US Department of Health and Human Services (HHS) Office of theSurgeon General 2016 ldquoFacing Addiction in America The SurgeonGeneralrsquos Report on Alcohol Drugs and Health

n Vaillant G and Hiller-Sturmhigel ldquoThe Natural History ofAlcoholismrdquo Alcohol Health and Research World Vol20 No3 (1996)

n Vaillant G ldquoSpiritual Evolution How We Are Wired for Faith Hope andLoverdquo Broadway Books (2008)

n Volkow N D Baler R D amp Goldstein R Z (2011) AddictionPulling at the Neural Threads of Social Behaviors Neuron 69(4)599ndash602 httpdoiorg101016jneuron201101027

DOCKETOn the

CONTACT NDAA

If you need to contact a staff member of NDAA regarding any aspect of your membership please use the list of names numbers and email addresses below

NDAA Headquarters 7035499222

Executive Director Nelson O Bunn Jr nbunnndaajusticeorg

Chief Operating Officer John M (Mark) Ginter mginterndaajusticeorg

Policy Government amp Legislative Affairs Nelson O Bunn Jr nbunnndaajusticeorg

Membership Lynzie Adams ladamsndaajusticeorg

Conferences Stephanie (Turner) Weston swestonndaajusticeorg

Editor of The Prosecutor Nelson O Bunn Jr nbunnndaajusticeorg

Website Lynzie Adams ladamsndaajusticeorg

Candace Mosley cmosleyndaajusticeorg

National Courses Kristi Browning kbrowningndaajusticeorg

National Traffic Law Center Tom Kimball tkimballndaajusticeorg

2 D E C E M B E R 2 0 1 7

NDAA Capital ConferenceJanuary 23ndash24 2018Washington DC

Prosecutorsrsquo Center of Excellence11th National Best Practices MeetingJanuary 25 2018Washington DC

Digital ProsecutorFebruary 19ndash22 2018San Antonio TX

Stay Tuned for the Announcement of our 2nd 3rd and 4th Quarter 2018 National Courses

in next monthrsquos The Prosecutor

Human Sex Trade and Labor TraffickingMarch 5ndash8 2018Miami FL

Prosecutor 101 Boot CampMarch 12ndash15 2018Kansas City MO

Prosecuting HomicideMarch 26ndash29 2018Louisville KY

To register or obtain additional information about a course see our website wwwndaaorgNational District Attorneys AssociationArlington VA 7035499222 7038363195 fax

N EWCOURS E

N EWCOURS E







Advertising




Editorial Staff



Articles


20

30

17




BY BILL WIRSKYE

CHANGE OF HEART






13

4 D E C E M B E R 2 0 1 7

President



President-elect




MICHAEL RAMOS1 2








Vice Presidents

DANIEL CONLEY1




JAMES NAGLE


GREGTOTTEN1


AMYWEIRICH1


BILL MONTGOMERY1


RAY MORROGH2


Fairfax Virginia

KIMBERLY N OVERTON1



Chesapeake Virginia

TIMOTHY J CRUZ


Directors-at-Large

HILLAR MOORE


PETE ORPUT


MATTWILBER



CHUCK SPAHOS1


Morrow Georgia

CAMMIEWYATT


Jackson Mississippi

Associate Directors

DEBRA B ARMANINI


Dayton Ohio


DAVID C BROWN


LORI DIGIOSIA


MIKE DOUGHERTY



Clayton Missouri


Washington Indiana

RICHARD MINATOYA


Maui Hawaii











Past Presidents

MICHAEL RAMOS1 2




MICHAEL R MOORE


HENRY GARZA2


JOSEPH I CASSILLY



ROBERT MCCULLOCH1





ELIZABETH ORTIZ



Phoenix Arizona






KEVIN COCKRELL


SCOTT HIXSON



BARBARA LAWALL


JOSHUA K MARQUIS


ERIC L OLSEN



Past Vice Presid


MATTHEW REDLE







Santa Fe New Mexico

SHERRI BEVANSWALSH


VIEWFrom the Hill









NELSON OBUNN JR

6 D E C E M B E R 2 0 1 7

APPROPRIATIONS


ASSET FORFEITURE






DRUG POLICY



FORENSIC SCIENCE


HUMAN TRAFFICKING




MISCELLANEOUS






8 D E C E M B E R 2 0 1 7






























1 0 D E C E M B E R 2 0 1 7









1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK






















Advertising




Editorial Staff



Articles


20

30

17




BY BILL WIRSKYE

CHANGE OF HEART






13

4 D E C E M B E R 2 0 1 7

President



President-elect




MICHAEL RAMOS1 2








Vice Presidents

DANIEL CONLEY1




JAMES NAGLE


GREGTOTTEN1


AMYWEIRICH1


BILL MONTGOMERY1


RAY MORROGH2


Fairfax Virginia

KIMBERLY N OVERTON1



Chesapeake Virginia

TIMOTHY J CRUZ


Directors-at-Large

HILLAR MOORE


PETE ORPUT


MATTWILBER



CHUCK SPAHOS1


Morrow Georgia

CAMMIEWYATT


Jackson Mississippi

Associate Directors

DEBRA B ARMANINI


Dayton Ohio


DAVID C BROWN


LORI DIGIOSIA


MIKE DOUGHERTY



Clayton Missouri


Washington Indiana

RICHARD MINATOYA


Maui Hawaii











Past Presidents

MICHAEL RAMOS1 2




MICHAEL R MOORE


HENRY GARZA2


JOSEPH I CASSILLY



ROBERT MCCULLOCH1





ELIZABETH ORTIZ



Phoenix Arizona






KEVIN COCKRELL


SCOTT HIXSON



BARBARA LAWALL


JOSHUA K MARQUIS


ERIC L OLSEN



Past Vice Presid


MATTHEW REDLE







Santa Fe New Mexico

SHERRI BEVANSWALSH


VIEWFrom the Hill









NELSON OBUNN JR

6 D E C E M B E R 2 0 1 7

APPROPRIATIONS


ASSET FORFEITURE






DRUG POLICY



FORENSIC SCIENCE


HUMAN TRAFFICKING




MISCELLANEOUS






8 D E C E M B E R 2 0 1 7






























1 0 D E C E M B E R 2 0 1 7









1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















4 D E C E M B E R 2 0 1 7

President



President-elect




MICHAEL RAMOS1 2








Vice Presidents

DANIEL CONLEY1




JAMES NAGLE


GREGTOTTEN1


AMYWEIRICH1


BILL MONTGOMERY1


RAY MORROGH2


Fairfax Virginia

KIMBERLY N OVERTON1



Chesapeake Virginia

TIMOTHY J CRUZ


Directors-at-Large

HILLAR MOORE


PETE ORPUT


MATTWILBER



CHUCK SPAHOS1


Morrow Georgia

CAMMIEWYATT


Jackson Mississippi

Associate Directors

DEBRA B ARMANINI


Dayton Ohio


DAVID C BROWN


LORI DIGIOSIA


MIKE DOUGHERTY



Clayton Missouri


Washington Indiana

RICHARD MINATOYA


Maui Hawaii











Past Presidents

MICHAEL RAMOS1 2




MICHAEL R MOORE


HENRY GARZA2


JOSEPH I CASSILLY



ROBERT MCCULLOCH1





ELIZABETH ORTIZ



Phoenix Arizona






KEVIN COCKRELL


SCOTT HIXSON



BARBARA LAWALL


JOSHUA K MARQUIS


ERIC L OLSEN



Past Vice Presid


MATTHEW REDLE







Santa Fe New Mexico

SHERRI BEVANSWALSH


VIEWFrom the Hill









NELSON OBUNN JR

6 D E C E M B E R 2 0 1 7

APPROPRIATIONS


ASSET FORFEITURE






DRUG POLICY



FORENSIC SCIENCE


HUMAN TRAFFICKING




MISCELLANEOUS






8 D E C E M B E R 2 0 1 7






























1 0 D E C E M B E R 2 0 1 7









1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK





















Past Presidents

MICHAEL RAMOS1 2




MICHAEL R MOORE


HENRY GARZA2


JOSEPH I CASSILLY



ROBERT MCCULLOCH1





ELIZABETH ORTIZ



Phoenix Arizona






KEVIN COCKRELL


SCOTT HIXSON



BARBARA LAWALL


JOSHUA K MARQUIS


ERIC L OLSEN



Past Vice Presid


MATTHEW REDLE







Santa Fe New Mexico

SHERRI BEVANSWALSH


VIEWFrom the Hill









NELSON OBUNN JR

6 D E C E M B E R 2 0 1 7

APPROPRIATIONS


ASSET FORFEITURE






DRUG POLICY



FORENSIC SCIENCE


HUMAN TRAFFICKING




MISCELLANEOUS






8 D E C E M B E R 2 0 1 7






























1 0 D E C E M B E R 2 0 1 7









1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















VIEWFrom the Hill









NELSON OBUNN JR

6 D E C E M B E R 2 0 1 7

APPROPRIATIONS


ASSET FORFEITURE






DRUG POLICY



FORENSIC SCIENCE


HUMAN TRAFFICKING




MISCELLANEOUS






8 D E C E M B E R 2 0 1 7






























1 0 D E C E M B E R 2 0 1 7









1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK

















DRUG POLICY



FORENSIC SCIENCE


HUMAN TRAFFICKING




MISCELLANEOUS






8 D E C E M B E R 2 0 1 7






























1 0 D E C E M B E R 2 0 1 7









1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















8 D E C E M B E R 2 0 1 7






























1 0 D E C E M B E R 2 0 1 7









1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK































1 0 D E C E M B E R 2 0 1 7









1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
























1 2 D E C E M B E R 2 0 1 7







The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK

















The PRO S ECUTOR



BILL

WIRSKYE





1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















1 4 D E C E M B E R 2 0 1 7








When I returned to





















explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK





























explanations

1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















1 6 D E C E M B E R 2 0 1 7





PARTING THOUGHTS



ENDNOTES














The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK

















The PRO S ECUTOR









1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















1 8 D E C E M B E R 2 0 1 7



HARD WORK TEAMWORK




LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK


















LEARNING TRUST



GOOD V BAD



2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















2 0 D E C E M B E R 2 0 1 7

The PRO S ECUTOR


BY B J A LT VAT E R





















2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK

































2 2 D E C E M B E R 2 0 1 7














14 Id15 Id



22 Id





were concealed















2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK






























2 4 D E C E M B E R 2 0 1 7



















against Michaud















2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK






























2 6 D E C E M B E R 2 0 1 7

























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
























68 Id69 Id70 Id

71 Id72 Id73 Id







2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















2 8 D E C E M B E R 2 0 1 7














10479 Id80 Id81 Id82 Id83 Id







CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK






















CONCLUSION








technical expertise







dark web criminals

3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















3 0 D E C E M B E R 2 0 1 7




SUSAN

BRODERICK
















a p ublication of the n d a rroosseeccuuttoorr · 2018-09-27 · t h ea rtdc o sy l dm a nc im u 1...

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