LAW & ORDER: FATAL ALCOHOL CRASH TEAMS MICHIGAN TRAFFIC SAFETY SUMMIT Sheraton Lansing Hotel Lansing, Michigan March 1-2, 2005

TODAY’S PRESENTERS JOEL HAND Founder of F.A.C.T. Founder of F.A.C.T. First F.A.C.T. prosecutor First F.A.C.T. prosecutor Marion County Deputy Prosecutor 71/2 years Marion County Deputy Prosecutor 71/2 years Currently serving as Indiana Traffic Safety Resource Prosecutor Currently serving as Indiana Traffic Safety Resource Prosecutor LT. GEORGE CROOKS Founding F.A.C.T. member Founding F.A.C.T. member Current F.A.C.T. Law Enforcement Coordinator Current F.A.C.T. Law Enforcement Coordinator Head of Marion County Sheriff’s D.U.I. Task Force Head of Marion County Sheriff’s D.U.I. Task Force

DESCRIPTION OF JURISDICTION Marion County, Indiana (Indianapolis) Population: 863,000 Police Agencies: 6 major agencies - Marion County Sheriff’s Department - Indianapolis Police Department - Lawrence Police Department - Beech Grove Police Department - Speedway Police Department - Cumberland Police Department

DESCRIPTION OF JURISDICTION Marion County Prosecutor’s Office: 115 Deputy Prosecutors 24 Deputy Prosecutors in 6 Major Felony Courts handling general felony caseloads Marion County Traffic Safety Partnership -Funnels overtime grant project money to local law enforcement agencies - Arm of the Prosecutor’s Office - Elected Prosecutor is Chairman

DESCRIPTION OF INDIANA LAW STATUTES: STATUTES: Operating While Intoxicated Causing Death Operating While Intoxicated Causing Death Class C Felony – 2 to 8 year suspendable sentence Class C Felony – 2 to 8 year suspendable sentence Class B Felony – 6 to 20 year suspendable sentence if defendant has a prior O.W.I. conviction in last 5 years ( if def. is.15 + or drugs) Class B Felony – 6 to 20 year suspendable sentence if defendant has a prior O.W.I. conviction in last 5 years ( if def. is.15 + or drugs) Class D Felony – 0 to 3 year suspendable sentence if victim survives and suffers serious bodily injury Class D Felony – 0 to 3 year suspendable sentence if victim survives and suffers serious bodily injury NO VEHICULAR HOMICIDE STATUTE NO VEHICULAR HOMICIDE STATUTE

DESCRIPTION OF INDIANA LAW STATUTES: STATUTES: Implied Consent Implied Consent Officer shall offer a test to each driver involved in fatal crash Officer shall offer a test to each driver involved in fatal crash BUT cannot compel submission to a test absent a warrant and/or probable cause that person was the driver in fatal crash AND that driver was impaired at time of crash BUT cannot compel submission to a test absent a warrant and/or probable cause that person was the driver in fatal crash AND that driver was impaired at time of crash

DESCRIPTION OF INDIANA LAW CASE LAW: CASE LAW: OVWI – Causing Death OVWI – Causing Death Causation Element - Must prove that defendant’s driving conduct caused the crash that caused the death & that victim was not the cause of the crash or death. Failure to prove both = not guilty. Causation Element - Must prove that defendant’s driving conduct caused the crash that caused the death & that victim was not the cause of the crash or death. Failure to prove both = not guilty. Blood Draw/Chemical test – Officer must establish probable cause that suspect was a driver involved in fatal/s.b.i. crash AND that suspect was impaired at the time of the crash BEFORE obtaining a blood sample. Failure to comply results in exclusion. Blood Draw/Chemical test – Officer must establish probable cause that suspect was a driver involved in fatal/s.b.i. crash AND that suspect was impaired at the time of the crash BEFORE obtaining a blood sample. Failure to comply results in exclusion.

PRE-FACT STATISTICAL INFORMATION Fatal Crash Statistics: 62 Total Fatal Crashes – Total Alcohol Related Fatals – 2002 Conviction Rate = 70% Average Sentence for OWI-Causing Death = 3 years prison Cases being lost or plead down to lesser sentences or charges due to suppressed or insufficient evidence

GENESIS OF F.A.C.T GRANT FUNDING 2001 GRANT FUNDING Created O.V.W.I. Fatality Prosecutor position Created O.V.W.I. Fatality Prosecutor position Employed vertical prosecution model Employed vertical prosecution model Paged by officers when fatal crash occurred and alcohol was involved Paged by officers when fatal crash occurred and alcohol was involved Prosecutor responded to the scene of crash Prosecutor responded to the scene of crash Became familiar with crash scene evidence Became familiar with crash scene evidence Worked closely with officers to get evidence collected in accordance with the law Worked closely with officers to get evidence collected in accordance with the law

GENESIS OF F.A.C.T. Some Early Discoveries: Some Early Discoveries: All agencies investigated fatal crashes differently All agencies investigated fatal crashes differently Typically, a “fatal certified” accident investigator was called to the scene to conduct the investigation Typically, a “fatal certified” accident investigator was called to the scene to conduct the investigation Single officer frequently responsible for the crash investigation, all witness interviews, all evidence collection and the impaired driving investigation Single officer frequently responsible for the crash investigation, all witness interviews, all evidence collection and the impaired driving investigation Some officers did not have time/opportunity to investigate whether driver may have been impaired Some officers did not have time/opportunity to investigate whether driver may have been impaired

GENESIS OF F.A.C.T. Some Early Discoveries: Some Early Discoveries: Most accident investigators did not have extensive impaired driver detection training or witness interview/interrogation training Most accident investigators did not have extensive impaired driver detection training or witness interview/interrogation training Some agencies had policies contrary to current Indiana law Some agencies had policies contrary to current Indiana law No agency receiving regular legal updates regarding impaired driving crash investigations and legality of certain methods of evidence collection No agency receiving regular legal updates regarding impaired driving crash investigations and legality of certain methods of evidence collection Consequently, evidence got suppressed, cases were lost and many suspected impaired drivers involved in fatal crashes were never even arrested Consequently, evidence got suppressed, cases were lost and many suspected impaired drivers involved in fatal crashes were never even arrested

GENESIS OF F.A.C.T. What could be done to address these problems? What could be done to address these problems? Could all accident investigators be given extensive training in impaired driving detection, witness interviews and legal aspects of these cases? – NO, too many accident investigators, too costly. Could all accident investigators be given extensive training in impaired driving detection, witness interviews and legal aspects of these cases? – NO, too many accident investigators, too costly. Would all agencies agree to send a D.U.I. or D.R.E. car to scene of each fatal/s.b.i. crash? – NO, considered to be too expensive/waste of resources & not always a D.U.I. car on duty. Would all agencies agree to send a D.U.I. or D.R.E. car to scene of each fatal/s.b.i. crash? – NO, considered to be too expensive/waste of resources & not always a D.U.I. car on duty.

GENESIS OF F.A.C.T. Out of frustration, an idea was born: Out of frustration, an idea was born: WHAT IF EACH FATAL CRASH WAS INVESTIGATED BY A GRANT FUNDED TEAM OF OFFICERS, EACH OF WHOM HAD A SPECIALTY AREA (CRASH INVESTIGATION, WITNESS INTERVIEWS, IMPAIRED DRIVING, EVIDENCE COLLECTION) WHO HAD RECEIVED SPECIALIZED TRAINING ON THE LAW SURROUNDING DRUNK DRIVING FATALITIES? WHAT IF EACH FATAL CRASH WAS INVESTIGATED BY A GRANT FUNDED TEAM OF OFFICERS, EACH OF WHOM HAD A SPECIALTY AREA (CRASH INVESTIGATION, WITNESS INTERVIEWS, IMPAIRED DRIVING, EVIDENCE COLLECTION) WHO HAD RECEIVED SPECIALIZED TRAINING ON THE LAW SURROUNDING DRUNK DRIVING FATALITIES?

GENESIS OF F.A.C.T. N.H.T.S.A. grant funding is obtained N.H.T.S.A. grant funding is obtained F.A.C.T. is created F.A.C.T. is created Team selection process takes place. Team selection process takes place. Kick-off News Conference Kick-off News Conference Dr. Jeffrey Runge, N.H.T.S.A. Administrator Dr. Jeffrey Runge, N.H.T.S.A. Administrator Donald McNamara, N.H.T.S.A. Region V Director Donald McNamara, N.H.T.S.A. Region V Director All F.A.C.T. members All F.A.C.T. members All 4 local T.V. news stations & local newspaper All 4 local T.V. news stations & local newspaper Site: A fatal crash from previous year Site: A fatal crash from previous year Created roll call video to introduce F.A.C.T. to officers and dispatchers Created roll call video to introduce F.A.C.T. to officers and dispatchers

COMPOSITION OF F.A.C.T. SQUADS: SQUADS: 4 squads: Day, Middle, Late & Alternate 4 squads: Day, Middle, Late & Alternate Each squad: Each squad: Supervisor – Sgt. or higher rank Supervisor – Sgt. or higher rank Fatal Certified Reconstructionist Fatal Certified Reconstructionist D.R.E./D.U.I. specialist D.R.E./D.U.I. specialist Detective/interview specialist Detective/interview specialist 2003 added a 2 nd Late Shift Squad due to frequency of crashes on that shift added a 2 nd Late Shift Squad due to frequency of crashes on that shift.

COMPOSITION OF F.A.C.T. LAW ENFORCEMENT COORDINATOR Lt. rank or higher Lt. rank or higher Must have training/experience in all 3 specialties Must have training/experience in all 3 specialties Work closely with prosecutor Work closely with prosecutor Leadership skills Leadership skills Work with multi- agency units Work with multi- agency units Media savy Media savy ASSIGNED DEPUTY PROSECUTOR Veteran litigator of impaired driving cases & homicide cases Work closely with law enforcement Ability to work with victims families Leadership skills

ACCOMPLISHMENTS OF F.A.C.T Governor’s Council funds Grant Governor’s Council funds Grant Conducted 40 hour FACT introductory course for all team members Conducted 40 hour FACT introductory course for all team members Provided cross-training for all FACT members so that each officer would have knowledge in each specialty area Provided cross-training for all FACT members so that each officer would have knowledge in each specialty area Conduct quarterly team meetings for review of cases & investigations Conduct quarterly team meetings for review of cases & investigations Provide supplemental training yearly Provide supplemental training yearly

ACCOMPLISHMENTS OF F.A.C.T. 100% conviction rate 100% conviction rate No evidence has been suppressed No evidence has been suppressed Developing reputation among defense attorneys, judges, law enforcement & prosecutors for premier investigations Developing reputation among defense attorneys, judges, law enforcement & prosecutors for premier investigations Cases tending to plead quickly Cases tending to plead quickly 2003 average sentence = 6 years prison 2003 average sentence = 6 years prison up from average of 3 years prison in 2001

Contact Information JOEL D. HAND JOEL D. HAND Traffic Safety Resource Prosecutor Indiana Prosecuting Attorneys Council 302 W. Washington St., Room E-205 Indianapolis, IN (317) (317) fax

Contact Information LT. GEORGE CROOKS LT. GEORGE CROOKS F.A.C.T. Coordinator Marion County Prosecutor’s Office 251 E. Ohio St., Suite 160 Indianapolis, IN (317) (317) fax

Contact Information EDWARD ZYCH EDWARD ZYCH F.A.C.T. Deputy Prosecutor Marion County Prosecutor’s Office 251 E. Ohio St., Suite 160 Indianapolis, IN (317) (317) fax