1. SHERIFF JIM H. JOHNSON LEE COUNTY SHERIFF’S DEPARTMENT Making the CASE – Evidence Collection for Elder Abuse

2. What is elder abuse?

3. 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.

4. 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

5. 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

6. 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

7. 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.

8. 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.

9. 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.

10. 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.

11. 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

12. 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.

13. 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

14. 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

15. 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.

16. 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

17. Examples of Evidence  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 self- defense.  Face, torso and hands (top and bottom)  Clothing worn by defendant including shoes with tread pattern

18. 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

19. 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.

20. 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.

21. 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

22. 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

23. 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.

24. 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.

25. 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.

26. 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

27. 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.

28. 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.

29. Questions?