CLPEX Chat Board

I have a very serious concern and question for you. My wife was recently indicted for theft while working in a Bank in Ohio. She had admitted to taking $1,400 (which was paid back that day) in order to pay a late house payment. Later, they confronted her with close to $30,000 that was missing from her bank which she and I vehemently deny having any association or connection. Apparently, someone in her bank, took $1 bills and put them inside packs of $50 and $100 bill packs and then routed that money on to one of the banks satellite branches. My wife's initials were on the straps along with a few other peoples but she was not the person who stole the money and inserted the $1 bills in place of the regular currency.

The prosecutor will not plea bargain and has lumped the $1400 in with the other money in one large count. I have asked our Defense Attorney repeatedly about taking fingerprints on the $1 bills and he said that he does not think it can be done. I argued that the person who manipulated these false packs is "the criminal" and their prints or patterns of prints should be consistent throughout the packs of money. But, he simply is not familiar with this type of research and we live in a rural area in Ohio.

I also asked about taking trace evidence off the packs of money (hair and fibers from clothing) but again, it seems like this is falling on deaf ears. I or my wife have no problem with her paying the price for the crime she did commit but it is a complete injustice for her to be convicted of something she absolutely did not do. Her trial date is scheduled for November 1 and 2 and we are still in pre-trial trying to get a plea-bargain. My wife has offered to take a polygraph and we are looking for any assistance or help that you can bring that confirm what we already know - that she is not guilty of taking the large sum of money. There were several employees who worked for my wife (Head Teller) who were jealous and wanted her job. There was even one employee who had been caught stealing $1300 but not charges were brought. We both feel that fingerprint or trace evidence analysis could deflect the interest away from my wife and perhaps onto the "real criminal".

Thanks for any suggestions

Gary, you need to talk with an experienced criminal defense attorney. (If you already have one, you should talk with him or her.) Investigating or defending your own felony case is like doing your own open heart surgery.

Your first problem is that useful trace evidence is found in about 10% of crime scenes according to FBI testimony in various cases. That doesn't mean that the state's lab can't look, but that the odds of finding something are not great.

Your second problem is "innocent access". Fingerprints, hairs, fibers, etc. can stick around on things for a while. If evidence from your wife is found on the altered bundles, it could have gotten there because she handled the bill or the banding at some earlier point as part of her job. The same problem affects her co-workers. If the same trace evidence were found on multiple bundles or came from someone who normally would not have access to the materials, the prosecution might be more interested.

You mentioned initials on the banding -- if your wife is certain she did not initial the packets, you could suggest your attorney look into a handwriting expert.

Most courts will not allow polygraphs as evidence at trial, but some prosecutors and police may be persuaded by the result of the test. Again, this is something you should look into through defense counsel.

Great advice. I guess this is one of the benefits of having attorneys peruse this web site.

I would insist on knowing error rates on the handwriting analysis prior to recommending this however.

Anonymous wrote:

I would insist on knowing error rates on the handwriting analysis prior to recommending this however.

IMHO, vulnerable to a Daubert challenge. There are some court cases critical of handwriting analysis, others supporting it. I tend to be a skeptic about how reliable it is, but, as in many forensic areas, the examiner's skill will be critical. Thus, worth asking counsel to look into it, but it may not pan out.

LJS, I can't be sure... but I think the guest wanting to know about "error rates" just might be alittle bit in jest.

Gary,
I'm interpreting that your wife did sign her initials on the money wraps (and the inner bills switched thereafter), so I don't think you need a handwriting expert.
To answer your question about the fingerprints - yes, fingerprints can be developed on paper currency. Let your attorney do the legwork for you on getting this accomplished.
Regarding the trace evidence, that is a very long shot and, like someone already pointed out, your wife may have deposited trace evidence on the bundle by touching it earlier.

To: Working Pig, you are correct that the straps were signed but then the currency was inserted in the straps at a later point in time before it was shipped. So, I agree that a handwriting expert is not going to help. But, my question has always been that the person who inserted the $1 bills in the packs of currency is the "criminal" and therefore if we could get fingerprints on the currency it might help to rule out my wife or rule in other suspects. Don't get me wrong - I am not trying to undermine our lawyer - he is superb. But, he is not aware of taking fingerprints on currency. Which is why I am trying to do some of the legwork that I can then present to him.

Are you aware of a fingerprint expert that has specifically worked with currency, preferably in Ohio?

Thanks again for all your assistance.

Sorry, I don't know of anyone.

If you want someone to do the fingerprint work for you on this case, look for a private consultant. Make sure that person has a laboratory and can do the analysis for you. Many forensic consultants routinely work for people in states other than their own. They are also available for testifying in court in other states. Private consultants are, ideally, unbiased professionals with many years experience. When you talk to consultants, ask them if they have a laboratory or access to a laboratory, if they would be able to gain access to the evidence, how many times they have testified in court, and whether they can provide you with a CV (resume).

There are links to consultants on this site as well as other forensic sites.

Good luck!

Thank you very kindly! I have given a couple of names to our defense counsel and I am prayerfully hoping that he avails himself of their services. The other hurdle we (or the expert) will face is getting the Prosecution to release or permit the evidence to subjected to analysis. To this point, neither my wife or our attorney has even been permitted to physically look at any of the evidence. I personally have some real concerns but I am trusting in our counsel and the Good Lord.

Thanks Again