Cold Case Investigation

COLD CASE INVESTIGATION
INTRODUCTION:
The modern day investigator must be as diverse as the crimes that face him
or her. The investigator’s mind set is the key to success. The criminal investigator
must be creative to defeat all attempts at preventing the investigations from
continuing. He or she must be a problem solver and must be able to see beyond
their station. The investigator must face challenges as a game and must be
determined to win.
ROLE OF THE INVESTIGATOR:
The investigator has the responsibility to investigate those crimes that are
brought to his attention by whatever means available. The normal investigation
has two (2) stages:
a) Preliminary Investigation; and

b) Follow-up Investigation.
In each stage, the investigator must pay close attention to the facts and
make critical decisions that will affect the duration and impact of the case. The
investigator must always look for patterns and motivation for the crimes no matter
what stage he or she in.
The criminal investigator collects evidence to identify and locate a

perpetrator and gathers enough evidence to arrest and convict the subject
involved. The tools used by the investigator are diverse, and one never stops
finding new ways to uncover facts that will help. Four basic tools used by the
investigators to uncover facts about a given case are:
a) Source of Information;
b) Interrogations and Interviews;
c) Observation; and
d) Background Investigation.
FUNDAMENTAL CLASSIFICATION OF CASES:
Cases in criminal investigation are fundamentally classified into “HOT and

COLD”. The distinction is important in interviewing witnesses and in interrogating
suspects.
1) A “HOT CASE” – is one where the violation of law or regulation has just been
unearthed or discovered and the suspects and the witnesses to the case are
still emotionally affected, upset or involved.
2) A “COLD CASE” - is a dormant case where the witnesses and the suspects
have had the luxury of ample time to mull over the ramifications of the case
and to put up their respective alibi or defenses or otherwise form of
subjective impressions of the case. It is useful to bear this distinction in
mind so that in “HOT CASE”, an investigator should lose no time in taking
down the sworn statement.
PROCEDURES IN REOPENING OLD CASES:
When attempting to reopen the old cases whether because of a tip received or
through proactive methods, the following steps should be considered. Not every
step will be applicable in every case. However, each step should be carefully
considered before being abandoned.
1) Conduct a complete and thorough initial review of the case filed. Determine
if all reports are in the case file;
2) Once you have established that there is a statutory case, the very next step
should be to contact the evidence custodian and make sure the evidence can
be located. Go to the evidence custodian and personally view the evidence.
Make absolutely sure it is there before you go any further;
3) Perhaps the most important step is to involve a prosecutor as soon as

possible.
4) Completely organize and/or reorganize the case file;
5) Reconstruction of the Crime. You must determine what, how, why and when
the crime happened by:
 Study the original crime scene examination, all photographs, autopsy

reports, interview, interrogations, statements, police reports, case
notes and any other related piece of documentation.
 Revisit the crime scene.
 Interview all original officers, investigators, crime scene technicians

and the medical examiner.
 Consult with forensic experts and psychological experts.
 Team conferences.
 Brainstorm Sessions.
 Application of the six (6) cardinal points of investigation (5Ws and 1H).
 Resubmit all the pieces evidence to the forensic laboratory for

additional examinations.
 Analysis, programming, fact finding, and evaluation and verification.
6) Try to determine who has benefited that, financially, from the death of the
victim. This step can sometime surprise you and get you going in a totally
new direction;
7) Re-do all the background checks on the suspects/subjects, witnesses and

anyone else involved in the case. Look for criminal arrest. Identify the
changes in associations and personal relationships. Documents that
changing relationships. This should be done before any interview is
conducted;
8) Carefully review the medical examiner’s file and make sure it is complete.
Identify and locate the doctor who did the original autopsy examination.
Establish contact with the person who made the legal identification;
9) Contact the victim’s family and see if any help can be obtained from them.
Be especially careful at this point not to unjustly raise their hopes. Explain
what has brought about the new or continuing interest, and try to involve
them (unless of course they are the suspect);
10) Formulate an investigative plan and start to program your
investigative options;
11) Begin your interviews with peripheral witnesses and associates first.
Keep in mind that this may alert your suspect, so weigh this factor heavily.
Considerer the grapevine effect. These type of interviews will also give insight
in the changes in relationship and associations. Use the changes in
relationship to your advantage. The areas, both past and present should be
examined;
12) Before interviewing major witnesses, see if they may be in a new

situation now, as opposed to when the homicide occurred. They may be in
jail, on probation or need help with some other aspect of the judicial system;
13) If armed with additional information, you can obtain a warrant, do so

before approaching your subject. If not take the best shot you have,
approach and interview the subject;
14) During this process, control and direction are essential. The use of an
investigative lead sheet is important here just as in handling a fresh case;
15) The investigator should monitor and evaluate that is accomplished in

conjunction with the investigation. Additionally, team conferences are
important. Much of the research of an older case be done by one detective..
However, conferences with the rest of the team and supervisors are also
paramount. Once a definite subject is identified then the entire team should
be utilized;
16) Do not stop your investigation after the arrest;
17) Remember that the ultimate goal is the successful prosecution of the
case in court; and
18) Be able to recognize cases that cannot be solved by evidence alone. If

witnesses cannot be located or suspects refused to talk then go to the next
case until something develops or someone decides to talk.
PRACTICAL TECHNIQUES IN CONDUCTING INTERVIEW:
1) An INTERVIEW is the questioning of a person believed to possess knowledge

that is of official interest to the public safety investigator.
2) It is very important as the person being interviewed usually gives his

ACCOUNT of an incident under investigation or offers information
concerning person being investigated in his own words, manner and volition.
3) The BASIC ASSUMPTION is nobody has to talk to him if he does not want to.
Therefore, the person being interviewed will have to be persuaded always
within the purview of legal and ethical limits, to talk to said public safety
officers.
4) This make INTERVIEW as an art. You have your own style of interviewing a
person. However, you must consider the following:
 His ability to narrate;

 His mental weakness because of stupidity or infancy or other related
factors;
 His moral weakness because of drunkenness (drug addiction, his

being pathological liar or similar factors); and
 Emotional weakness springing from such sources as family problems,

hatred, shock, revenge, and even love or sympathy.
GENERAL SUGGESTIONS REGARDING THE INTERROGATION OF A CRIMINAL/

SUSPECT:
1) Interview the victim, the accuser, or the discoverer of the crime before
interrogating the suspect;
2) Be patient and persistent. Never conclude an interrogation at a time when

you feel discouraged and ready to give up; continue for a little while longer;
3) Make no promise when asked “What will happen to me if I tell you the
truth”.
4) View with skepticism the so-called conscience-stricken confession;
5) When a subject has made repeated denials of guilt to previous investigators,

first - question him whenever circumstances permit about some other
unrelated offense of a similar nature of which he is also considered to be
guilty; and
6) An unintelligent or uneducated suspect with a low cultural background

should be interrogated on a psychological level comparable to that usually
employed in the questioning of a child.
RESULT OF YOUR INVESTIGATION WILL RELY/ DEPEND ON YOUR

EFFECTIVENESS ON THE FOLLOWING:
1) Personal or Professional qualities as investigator;
2) Preparedness and willingness to do the job;
3) Completeness of all investigative equipment and facilities;
4) Accurateness of your conduct in the crime scene search and investigation,

including application of procedures and techniques;
5) Effectiveness of your interview and interrogation;
6) Reliability of your observation, description and identification;
7) Intensified intelligence monitoring system-through surveillance and

undercover operations;
8) Ability to collect, mark, preserve, examine and then finally to confirm and
present physical evidence in court; and
9) Correctness of your findings and result of the investigation based on legal

guidance and procedures.

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COLD CASE INVESTIGATION

ROLE OF THE INVESTIGATOR:

a) Preliminary Investigation; and

The criminal investigator collects evidence to identify and locate a

FUNDAMENTAL CLASSIFICATION OF CASES:

Cases in criminal investigation are fundamentally classified into “HOT and

PROCEDURES IN REOPENING OLD CASES:

3) Perhaps the most important step is to involve a prosecutor as soon as

4) Completely organize and/or reorganize the case file;

 Study the original crime scene examination, all photographs, autopsy

 Revisit the crime scene.

 Interview all original officers, investigators, crime scene technicians

 Consult with forensic experts and psychological experts.

 Resubmit all the pieces evidence to the forensic laboratory for

 Analysis, programming, fact finding, and evaluation and verification.

7) Re-do all the background checks on the suspects/subjects, witnesses and

12) Before interviewing major witnesses, see if they may be in a new

13) If armed with additional information, you can obtain a warrant, do so

15) The investigator should monitor and evaluate that is accomplished in

16) Do not stop your investigation after the arrest;

18) Be able to recognize cases that cannot be solved by evidence alone. If

PRACTICAL TECHNIQUES IN CONDUCTING INTERVIEW:

1) An INTERVIEW is the questioning of a person believed to possess knowledge

2) It is very important as the person being interviewed usually gives his

 His ability to narrate;

 His moral weakness because of drunkenness (drug addiction, his

 Emotional weakness springing from such sources as family problems,

GENERAL SUGGESTIONS REGARDING THE INTERROGATION OF A CRIMINAL/

2) Be patient and persistent. Never conclude an interrogation at a time when

4) View with skepticism the so-called conscience-stricken confession;

5) When a subject has made repeated denials of guilt to previous investigators,

6) An unintelligent or uneducated suspect with a low cultural background

RESULT OF YOUR INVESTIGATION WILL RELY/ DEPEND ON YOUR

1) Personal or Professional qualities as investigator;

2) Preparedness and willingness to do the job;

3) Completeness of all investigative equipment and facilities;

4) Accurateness of your conduct in the crime scene search and investigation,

5) Effectiveness of your interview and interrogation;

6) Reliability of your observation, description and identification;

7) Intensified intelligence monitoring system-through surveillance and

9) Correctness of your findings and result of the investigation based on legal

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