by admin_lauth | Oct 25, 2018 | Criminal Investigation, Missing Person
Indigenous women in this country are more likely than any other group to be raped or murdered. The salt in this gaping wound is they are also least likely to see justice. These are very passive terms, but there are no others, because the amount of data available about violent crimes against indigenous women is dwarfed in comparison to those of other groups. Last year, there were 5,646 Native American women entered into the National Crime Information Centre (NCIC) as missing. As of June 2018, there had been 2,758 reported missing. Many of their families have claimed no one bothered to investigate.
The jurisdictional issues surrounding cases occurring on reservations is a giant knot of Christmas lights; difficult to unravel, involving federal, state, and tribal law. It can sometimes be unclear to investigating bodies exactly who should be looking for answers. These cases become stillborn while law enforcement plays jurisdictional musical chairs—trails go cold, witnesses disappear, or develop amnesia, evidence is eroded. These women are not likely to be found, nor are their cases likely to be prosecuted. The disappearance of Ashley Loring HeavyRunner is a chilling example. She went missing from the Blackfeet Reservation in Montana in June of 2017. Her sister begged for help from the Indian Bureau of Affairs, and the FBI did not investigate until March of 2018, nine months later.
Despite the fact tribes on the reservations are guaranteed self-government by the Constitution, the more serious crimes fall under the jurisdiction of the FBI. The FBI is not obligated to notify them if a member of their tribe is reported missing or murdered. On top of that, the crimes do fall under tribal jurisdiction are placed in the hands of a woefully understaffed force. “A lot of times it doesn’t go beyond the missing persons report,” said Marita Growing Thunder, a 19-year-old murdered and missing indigenous women (MMIW) activist.
In fact, the work being done to preserve information about murdered and missing indigenous women is being performed in large part by private citizens, like Annita Lucceshi, a PhD student at the University of Lethbridge in Southern Alberta. “I realised how difficult it is to get a sense of just how many murdered and missing women there are because it changes constantly and there is so little official information,” Annita told Independent. The database she has compiled goes back a little over a century, and she described her experience with obtaining accurate information to be heavy labor. “The police are not helpful. Typically, I get no response at all. If I do, they say they don’t collect the data, or that they won’t be able to pull that information.”
It gets worse. In preparation for his film Wind River, director Taylor Sheridan paid a handful of lawyers to compile a statistic regarding murdered and missing indigenous women. After three months, they came back empty-handed, but had learned some disturbing facts along the way. As recently as 2013, sexual assault of a Native woman by a non-Native could not be prosecuted because it was a state crime on federal land. Natives accused of crimes against non-Natives can be prosecuted twice, by the federal government and by tribal police. This was rectified when the Violence Against Women Act gave criminal jurisdiction over non-indigenous people who commit sexual violence against Native American women.
In 2015, the Department of Justice announced they were developing the Tribal Access Program for National Crime Information (TAP) so tribes can enter and view information in the federal NCIC database, thereby streamlining muddled communications between investigating bodies. Ten tribes were selected for the beta-test of this new system, but as of 2016, some had not received their TAP terminals. Once again, the wheels of justice turn at a glacial pace for missing and murdered indigenous women.
by admin_lauth | Jun 18, 2018 | About Lauth Investigations, Crimes Against Persons, Crimes Against Persons Evergreen, Criminal Defense, Criminal Investigation, Investigations, Investigations, Missing Person, Personal Investigations, Private Investigations News, Resources, Tips & Facts, Unsolved Homicides
Why Private Investigators Have an Advantage Over Police
For months, the family of 5-year-old Lucas Hernandez wondered if they would ever have answers in his mysterious disappearance. On the day he disappeared, he was left in the care of his father’s girlfriend, Emily Glass. In the missing persons report, Glass told investigators on February 17th, 2018, she saw Lucas playing in his room around three in the afternoon. She then took a shower and fell asleep. When she awoke around six in the evening, Lucas was nowhere to be found.
Law enforcement in Wichita investigated for months, unearthing no credible leads into Lucas’ disappearance. Months later, on May 24th, locals were shocked after a private investigator blew the case wide open by informing law enforcement Emily Glass had led them to the decomposing remains of little Lucas under a nearby bridge. Why would Glass, after dealing with law enforcement for months, only then break her silence regarding her knowledge of the little boy’s body? The answer is as simple as this: Private investigators have advantages law enforcement do not when it comes to conducting concurrent independent investigations in criminal and missing persons cases.
So how is a private investigator’s approach different from the approach of a local, state, or federal law enforcement agency? The first thing to consider is the caseload of most law enforcement agencies. From the moment an initial report is made, in both criminal and missing persons cases, law enforcement have the meticulous and overwhelming task of gathering evidence to build a case that will secure justice on behalf of the victims and the state. Crime scenes need to be mined for evidence by medical examiners and crime scene technicians. Detectives and other investigators need to canvass witnesses—sometimes dozens of people—in the area who might have seen or heard something. Now imagine the workload of one case multiplied by 40 or 50 times. An audit conducted in Portland Oregon in 2007 reviewed law enforcement data from Portland itself, and nine other surrounding cities, to conclude the average caseload for a detective in Portland was a median of 54. This is compared to a 5-year average of 56 cases. Knowing statistics like these are similar in law enforcement agencies all across the country, it’s easy to see how the progress of cases might slow to a crawl. Agencies are overwhelmed, and this is where private investigators have the advantage. Private investigators may only handle one or two cases at a time, giving them their full focus and attention. Wichita law enforcement might have faced similar challenges of an overwhelming caseload when it came to investigating Lucas Hernandez’s disappearance. An article released by the Wichita Eagle in mid-December of 2017 revealed, as of publication, there were still ten homicides from the year 2017 remaining unsolved as the new year approached.
Another compelling advantage for private investigators might initially sound like a disadvantage: Private investigators have no powers of arrest. It seems counter-intuitive that a private investigator may use the same tools as law enforcement, ask the same questions, and may even come to the same conclusion as law enforcement without the ability to arrest a suspect for the crime. However, the case of Hernandez showcased exactly why a private investigator—and their inability to arrest—broke the case wide open. Jim Murray of Star Investigations told KMBC News in Kansas, “We’re less of a threat sometimes to people that we’re talking to because we have no powers of arrest,” said Jim. “We can’t arrest them.” This could explain why Emily Glass finally led a private investigator to Lucas’s body, because she knew they could not put handcuffs on her in that moment.
Unfortunately, family members and locals will never have the truth about what happened to Lucas. In the wake of the private investigator’s discovery, autopsy reports were found to be inconsistent with what Glass told both police and the PI, but before the People could build a case against her, Glass was found dead from an apparent suicide. However, were it not for the efforts of the private investigator, Lucas’s father may never have had answers in his son’s disappearance.
Carie McMichael is the Communications and Media Specialist for Lauth Investigations International, writing about investigative topics such as missing persons and corporate investigations. To learn more about what we do, please visit our website.
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