Transcript Making the CASE * Evidence Collection for Elder Abuse

Making the CASE – Evidence
Collection for Elder Abuse
SHERIFF JIM H. JOHNSON
LEE COUNTY SHERIFF’S DEPARTMENT
What is elder abuse?
What is elder abuse?
 The willful or non-accidental infliction of physical
pain, injury or mental anguish
 The unreasonable confinement of a vulnerable
person
 The willful deprivation by a caretaker of services
which are necessary to maintain the mental and
physical health of a vulnerable person.
What is elder abuse?
 Includes sexual abuse
 Does not mean conduct which is a part of the
treatment and care of, and in furtherance of the
health an safety of a patient or resident of a care
facility
 Includes, but is not limited to, a single incident
 Source: Vulnerable Persons Unit, Attorney Generals Office, State of MS
Mississippi Vulnerable Adults Act of 1986
 Vulnerable Adult is defined as: A person eighteen
years of age or older or any minor whose ability to
perform the normal activities of daily living or to
provide for his or her own care or protection is
impaired due to a
Mental, emotional, physical, developmental disability or
dysfunction, or
 Brain damage, or
 Infirmities of aging

Mississippi’s Law
 43-47-19(2)(a)
 Abuse or Neglect of a Vulnerable Person
Offers both misdemeanor and felony punishment
 Requires the description of the criminal act of abuse or neglect or
the omission of performance of duty

Mississippi’s Law
 43-47-19(3)
 Felonious Infliction of Physical Pain or Injury upon a
Vulnerable Person
Requires the description of the method of infliction of physical
pain or injury as part of the affidavit
 Punishable by up to 20 years in the penitentiary and a fine of up to
$10, 000
 According to MS Law Research Institute, there may be an overlap
between this statute and 43-47-19(2)(a), consult your local
prosecuting attorney.

Mississippi’s Law
 43-47-19(2)(b)
 Exploitation of Vulnerable Person
Offers penalty for the explotation of a Vulnerable Person where the
accused has financial gain or the Vulnerable Person suffers a
financial loss.
 Both misdemeanor and felony punishments available based on
exploited loss value.

Types of Elder Abuse
 Physical Abuse
 Assaultive behavior such as punching, slapping, grabbing,
cutting, burning, the use of a weapon and/or forcibly
restraining the individual.
 This type of abuse often leaves physical evidence that can
easily be documented with photographs.
Types of Elder Abuse
 Sexual Abuse
 Includes not only forcible or non-consensual touching, but
touching or contact where the victim is unable to give consent.
 This type of abuse is often revealed by indicators such as STDs,
pregnancy, bruises, bleeding, pain or itching in genital or anal
areas, difficulty in walking or sitting.
 Abuse of this type often requires medical professionals to
assist with evidence collection and documentation.
Types of Elder Abuse
 Neglect
 Includes the refusal, failure or inability to carry out a
caretaking responsibility.
 Some examples are:
Lack of Supervision
 Failure to give nourishment or medicines
 Failure to provide good hygienic care
 Obvious disregard for the overall health and well-being of the
senior

Types of Elder Abuse
 Self Neglect
 Refusal, failure or inability of a senior to properly care for
themselves.
 While this is not a form of Elder Abuse because someone else
is not committing the acts, often the same documentation
techniques are necessary.
 Indicators are:
Inability to provide for own daily needs
 Failure to properly dispense own medications
 Becoming a danger to self. For example, wandering and getting
lost, setting fires and/or weapon handling.

Types of Elder Abuse
 Psychological and/or Emotional Abuse
 Includes intimidation tactics, threats, and insults.
 Examples include:
Threats to kill or harm family members or beloved pets
 Threats to damage personal property or sentimental items
 Threats to send senior to nursing home or take away assistive
devices
 Actively withholding companionship by isolating the senior

Types of Elder Abuse
 Financial Abuse and/or Exploitation
 The unethical and unlawful use of a senior’s money or assets
by anyone.
 Examples and Indicators:
Forcing senior to give power of attorney
 Mismanaging money
 Misuse of assets
 Personal gain at the expense of the senior

Evidence
 Provide evidence to support your position
 The best time to collect any evidence and/or
documentation is at the beginning of the
investigation.
 Without evidence trials become “he said/she said”.
Proper and effective documentation will corroborate
the allegations.
Examples of Evidence
 Photographs
 The most obvious but often the most telling type of evidence is
a photograph.
 By using proper photographic evidence collection techniques
effective documentation of abuse can be used to strengthen the
case.
 Photograph the victim and any injuries.
Photograph the victim’s face for identity and reference
 Remove any bandages (with medical personnel permission and
assistance)
 Document to location of each injury such as bruises, scratches,
cuts, etc

Examples of Evidence

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Document the victim’s name, date of photograph, the location
the photograph was taken.
Complete a photograph log
Print the photographs and write the victim’s name, your name,
date and time on the back of each photograph.
It may also be necessary to photograph the defendants injuries
or lack of injuries, especially if there is an allegation of selfdefense.
Face, torso and hands (top and bottom)
 Clothing worn by defendant including shoes with tread pattern

Examples of Evidence
 Photographs, cont.
 Photo any physical evidence such as
Bloody or blood stained items
 Property damage
 Entire home/crime scene
 Show examples of living conditions
 Photo the inside of the refrigerator
 Photo the thermostat
 Photo the contents of trash containers
 Photo the overall condition of the home to show a comparison
where senior was forced to stay to the conditions of a live-in
caretaker
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Examples of Evidence
 Photographs, cont.
 Photograph any property taken into custody before it was
taken into custody.
 Carefully review your photographs and double check prior to
leaving the scene.
Examples of Evidence
 Evidence Collection
 Sometimes it becomes necessary to collect items of physical
evidence.
 Using a proper technique of evidence collection and
documentation that remains consistent will assist the
prosecution.
 However, non-consistent and improper evidence collection
will prove to be harmful both to the case but to the victim.
Examples of Evidence
 Evidence Collection, cont.
 Your personal safety is most important.
 Be aware and cautious of bio-hazards.
 Package evidence in appropriate containers
Plastic containers
 Paper containers
 Liquid containers
 Sharps containers
 Bio-hazard containers
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Examples of Evidence
 Evidence Collection, cont.
 Labeling is very important and REQUIRED!!
 Examples of types of physical evidence:
Weapons
 Drugs or Drug Paraphernalia
 Alcoholic Beverages – empty bottles or cans
 Damaged property
 Items used to restrain, gag or torture
 Letters with envelopes, emails or text messages
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Examples of Evidence
Victim’s or defendants diary or calendar
 Answering machine messages
 Clothing, sheets, blankets or other items with blood stains or body
fluids
 Bloody or torn clothing
 Financial documents
 When in doubt, collect. The jury needs to see everything to get an
accurate account to corroborate your allegation.

Documenting Witnesses
 Collect the names, addresses and phone numbers of
neighbors, family, friends or anyone else who may
have either seen, heard, or smelled something.
 Don’t isolate the witness to the current event, ask
about prior experiences or observations, it may show
a pattern of abuse.
 Be aware of any hesitance by the witness to speak
with you. Provide an environment that makes them
comfortable.
Documenting the Victim
 Often victims of abuse will give “excited utterances”
following an episode of abuse or neglect.
 When documenting these utterances note the
victim’s demeanor. Where they crying, shaking,
injured, stoic or confused?
 Document any change in demeanor if they have
contact with the abuser.
Documenting the Victim
 Check for excited utterances to:
 Other people at the scene such as friends, neighbors
 First Responders; EMS, Fire Department
 Nurses, Doctors
 911
Documenting the Defendant
 Document all statements no matter how
insignificant.
 Law enforcement must advise the defendant of his
Miranda Rights.
 Non-Law enforcement should document anything a
potential abuser says to you including the time, date,
location of contact and who was present when the
statement was made.
Summary
Elder abuse is not always obvious and sometimes the
evidence of these crimes is often more difficult to
document. It is important to remain vigilant and use
a common sense approach in order to make an
effective case.
Questions?