Tom Darnell — Direct/Cross/Redirect/Voir Dire

TOM DARNELL: My name is Thomas Edward Darnell. Last name is spelled D-a-r-n-e-l-l.

TOM DARNELL: Good morning.

TOM DARNELL: I am a fingerprint examiner at the State Law Enforcement Division Forensic Crime Lab.

TOM DARNELL: For approximately thirty years.

TOM DARNELL: Yes, ma'am. To begin with, I have a Bachelor of Science degree in criminal justice from the University of South Carolina where I graduated in 1982. I started my employment with the Richland County Sheriff's Office in Columbia where I was employed for about eight years. I started my career at SLED in 1990 in the Latent Print Crime Scene Department. During that time I completed an in-house training program that dealt with all aspects of fingerprint and fingerprint science. I've attended a number of courses across the state, as well as out of state courses that deal -- that dealt with all the areas of fingerprint science to include how to process evidence for fingerprints and how to compare fingerprints. And I also trained under the FBI Academy in Quantico, Virginia, in the same area of fingerprints. I have -- I've also trained other examiners to do the same job that I'm doing today.

TOM DARNELL: Well, basically fingerprint evidence can be most anything. It can be items that are porous, items that are nonporous, items that come to SLED and where we get requested to process and see if we can identify any fingerprints that might on the surface. Fingerprints are primarily moisture. About 98 percent of the fingerprint that may be left on the surface is nothing more than moisture, perspiration, or sweat, if you want to call it sweat. And then once we determine the type of evidence that we have, then we try to develop it. We try to enhance any impressions that might be there. One thing to keep in mind is that in most cases, the fingerprints that we're trying to develop are invisible, basically latents. A latent print means just that, hidden or invisible, so it would require some enhancement.

TOM DARNELL: Well, we have several different techniques that we can use, everything from Superglue fuming to alternate light sources, to fluorescent dye stains, to different chemicals that we can use. There's also the black fingerprint pattern which is still being used. We don't use a whole lot of that in our laboratory today, but we tend to go with the fluorescent dye stains and the different light sources. It just depends on the type of evidence that we're trying to process.

TOM DARNELL: Yes, ma'am.

TOM DARNELL: Superglue, what we do is we take the evidence -- first of all, it has to be a nonporous surface, that evidence --

TOM DARNELL: Nonporous would be like a can, a gun, a cartridge case. Porous would be like paper: a paper cup, a paper plate, a piece of -- like a handwritten note, or a check, or something like along that line. But the Superglue is a commonly used process across the country. In fact, across the world. And the Superglue is simply heated and it creates a vapor, or a fume, and that vapor will affix itself to any impressions that might be present on the surface. It enables us to see it better, and it also enables us to use a different technique, or a different step of the process when it comes to trying to enhance the impression.

TOM DARNELL: Well, once we get the print developed, we photograph -- have it photographed. We have the luxury of having a photo studio within our laboratory, and we have a photographer that will document that for us photographically so that we can then compare it to any known standards that we may be asked to compare it to.

TOM DARNELL: Yes, ma'am.

TOM DARNELL: I have -- I've done lots of lifts over my career with the black powder and the clear tape, which is what most of you are probably familiar with. But in this case it was -- black powder was not used. This was -- I was working strictly off of the photograph.

TOM DARNELL: I did.

TOM DARNELL: It is.

TOM DARNELL: Actually I did not. There was what we call -- the result that I used with these items was that there was no fingerprint evidence was observed.

TOM DARNELL: We don't find a lot of developed prints on cartridge cases. It does happen we do find fingerprints on cartridge cases but just not a great deal. A lot of that has to do with the fact that the cartridge cases are -- they're exposed to heat, they're exposed to friction, and since fingerprints are so fragile, a lot of times that is probably a couple of reasons why we don't find a lot of prints on cartridge cases.

TOM DARNELL: I did.

TOM DARNELL: I did not.

TOM DARNELL: You know, we always make the attempt. Sometimes we're surprised when we process evidence that something will develop. We -- I personally don't have a -- I've not had a lot of success with getting prints on shotshells, not to say that it hasn't happened.

TOM DARNELL: Yes, ma'am.

TOM DARNELL: I can't recall that I have developed anything that I could identify. I have developed ridge detail, or I have developed fingerprints on cartridge cases, but I can't recall honestly having a case where I was able to actually identify it.

TOM DARNELL: I did.

TOM DARNELL: I did not.

TOM DARNELL: One of the -- there was an additional request to have it swabbed for touch DNA, which I did. I swabbed various areas of the shotgun for DNA purposes.

TOM DARNELL: Yes, ma'am. It has the date that I collected it, it has my name and my initials, and -- on the envelopes, as well as on the CD.

TOM DARNELL: Yes, ma'am.

TOM DARNELL: If I could look at my notes real quick? I swabbed the trigger, I swabbed the rear stock, front stock, and the ejection leaver on the shotgun. Yes, that's the two areas that I swabbed.

TOM DARNELL: Well, typically in a case involving guns, shotguns, pistols, we typically swab the trigger separately to possibly get a print on the trigger as to who might have last had their finger on the trigger. And then we swab other areas of the gun that might be more conducive for touch DNA versus latent prints. Any time we get something that we have a latent print request and a DNA request, we have to try to determine which area to swab, which area is typically handled by someone that might give us the best chance for any type of forensic evidence, whether it be DNA or latent prints.

TOM DARNELL: Yes, I did.

TOM DARNELL: That's correct.

TOM DARNELL: I did.

TOM DARNELL: These are swabs I took from a cell phone. I don't know for sure whose phone it was, but these are swabs that I took from the phone, which was my Item 25.

TOM DARNELL: Item 25 is listed as a -- one IPhone cell phone black in color with a clear case.

TOM DARNELL: I did.

TOM DARNELL: I did not find anything that I could identify. I found a very small amount of fingerprint evidence on the phone. The result that I had to render was what we refer to as no value for comparison, which what that simply means is that there was the evidence of someone's fingers having come in contact with the phone, but it just was not enough detail or not enough clarity for me to be able to compare it to anyone.

TOM DARNELL: Yes, ma'am.

TOM DARNELL: That's correct.

TOM DARNELL: Nothing that I could identify. Again, the result of no value for comparison was the result that I reported.

TOM DARNELL: Well, not necessarily. We have different -- we have some very bright lights that we would use to help us pick up anything that might be on the camouflage type surface. Keep in mind, we're spraying a fluorescent dye stain prior to using the light source, so that does help us see the prints much better. There are some areas on these shotguns that were, like, textured, which would not be very conducive to prints, but as far as a camouflaged area, it makes it a little harder to see, but we do have the means to be able to analyze it thoroughly.

TOM DARNELL: Yes, ma'am.

TOM DARNELL: Yes, ma'am.

TOM DARNELL: Yes, ma'am. These are the envelopes that I placed the swab from the shotguns. It's got my date, initials, and where it came from on the shotgun.

TOM DARNELL: I did.

TOM DARNELL: I did.

TOM DARNELL: It was, again, as the shotguns, it was all no value for comparison.

TOM DARNELL: Yes, ma'am. I took each one of them out of the magazine and processed all of them individually.

TOM DARNELL: No, ma'am, I did not.

TOM DARNELL: Once I collected swabs, I allow them to air dry, and then once I secured them in the envelopes, I seal them, put my date, initials, and then I package them up accordingly, and they ultimately wind up with the DNA department. I believe in this case I took them down to our Evidence Control department, and then DNA will pick them up from there.

TOM DARNELL: That's correct, yes, sir.

TOM DARNELL: I believe that was right, yes, sir.

TOM DARNELL: I don't recall them being loaded.

TOM DARNELL: I -- normally when a weapon comes into the laboratory, it's cleared and unloaded prior to it getting to our laboratory. So, had they been unloaded I would have -- or had they been loaded, they would have been unloaded prior to me receiving them, and I would have processed what had been inside the weapon at that time.

TOM DARNELL: Yes, sir.

TOM DARNELL: My notes do not indicate that it was loaded. And as I said, normally when a weapon, a shotgun, comes into the laboratory, it's unloaded prior to it coming to me. My notes indicate that it was not loaded.

TOM DARNELL: That's correct.

TOM DARNELL: That's correct. I only processed what was given -- what was brought into the laboratory.

TOM DARNELL: That sounds right, yes, sir, June 9th.

TOM DARNELL: Yes, sir.

TOM DARNELL: Well, that would be one possible explanation, heat, friction. They're on the ground and the weather can have an affect sometimes if it's raining, or if it's hot or cold. There are lots of things that could have an affect on whether or not a print would be left.

TOM DARNELL: Well, I wouldn't say rarely never. I know of cases in our laboratory that have been where they have been able to identify prints on cartridge cases. It just doesn't happen very often, but it does happen.

TOM DARNELL: Yes, sir.

TOM DARNELL: That's correct.

TOM DARNELL: Yes, sir.

TOM DARNELL: Yes, sir. It can be, yes, sir.

TOM DARNELL: Well, you've got to keep in mind that a latent print is nothing more than -- or mostly moisture. They are very fragile. It doesn't take much to wipe a print off of a surface. These -- the cartridges, I think, that you're speaking of were in the magazine, so they've been shoved into a magazine, and then they -- then -- you know, then you've got to get them out. So, so you've, you've got friction there going on, but most any -- you know, anything that -- any surface that's smooth and fairly clean and not corrugated or textured can be conducive to prints. I have developed prints on cartridges before; it just doesn't happen very often.

TOM DARNELL: Well, you would have -- as far as the -- coming from the fingerprint, from the fingers or from --

TOM DARNELL: It's mostly 98 to 99 percent moisture, and then you might have some other substances mixed in there, but it's mostly just sweat is what's left behind.

TOM DARNELL: Oh, yes, sir. I find -- I've developed quite a few prints in my thirty years of doing this.

TOM DARNELL: Well, there's no set number in this country where you have to have a certain minimum number of points. You just have to have a sufficient amount of clarity and -- to be able to determine that an impression was made by a certain individual.

TOM DARNELL: No, sir, I did not.

TOM DARNELL: No, sir.

TOM DARNELL: I honestly don't know. I did not look at their notes from their crime scene or what have you. I really had no real reason to. I was just asked to process the things that they brought me.

TOM DARNELL: It's possible. You have -- again, you have to consider how much someone perspires when they touch something. You have to consider how soon after the doorknob was touched that someone else grabbed the doorknob. Because the latent print is extremely fragile, it doesn't take much no obliterate the print.

TOM DARNELL: If I was on the scene and I felt like that area was accessed by someone, I probably would have checked, yes, sir.

TOM DARNELL: Yes, sir. I probably would, but I was not on this scene, so I don't really know exactly what all they had going on. So -- but it could -- with your scenario that you're speaking of, yes, sir, I probably would have checked.

TOM DARNELL: Well, yes, sir. In some cases you can actually see a print if it's more of what we call a patent print. A patent print is a print that might left behind with a -- you know, in a residue. It could be in grease, it could be in blood, it could be in dirt, anything such as that. So -- but ordinarily when you go to look for prints, you've got to do some sort of processing to a surface, depending on the surface and depending on just what you're trying to -- what you're trying to do.

TOM DARNELL: I would, yes, sir.

TOM DARNELL: Yes, sir. I mean, you know, I -- again, this is -- you know, I wasn't at this scene. I can -- but if you're describing this type of a scene, if it was me, I would take notes, you know, detailed notes, you know, because, you know, photographs, notes, sketches, all of that kind of goes hand in hand.

TOM DARNELL: I would think in the notes or in their, you know, testimony, or anything such as that. You know, there should be something to explain what was done, yes, sir.

TOM DARNELL: I don't know. I know that there was no one from the Latent Print Department where I work at the scene that day.

TOM DARNELL: I've done plenty in my earlier days, but I have -- I have not been on crime scenes for quite some time.

TOM DARNELL: Not really. The Latent Print Department, the way it was set up, we pretty much are in the laboratory setting and we process evidence that comes in from crime scenes. We don't typically go to the crime scene.

TOM DARNELL: Yes, sir.

TOM DARNELL: Well, I found -- any time I report something as no value for comparison, that means that I did find evidence of fingerprints. It just wasn't enough to compare it to anyone. Any time I say nothing was observed, that means there was nothing observed.

TOM DARNELL: Yes, sir. And, you know, it was no value. You know, keep in mind again: latents are fragile. You've got weather involved, you know, water, rain. That sort of thing certainly is detrimental to fingerprint evidence being left behind.

TOM DARNELL: Yes, sir. Any time that result is in the report, that's what that means, yes, sir.

TOM DARNELL: Well, I believe there were some additional long guns that came in to me where I did get no value for comparison, but the initial shotgun that came in to me, nothing was observed, yes, sir.

TOM DARNELL: Yes, sir, that's correct.

TOM DARNELL: Right. Yes, sir. And, you know, that's -- you know, prints aren't always left on surfaces when you touch them. You know, just because you touch something does not mean you're going to leave a print, and there are all kind of variables as to why.

TOM DARNELL: I found none of value for comparison, which tells me that there was something there but it just wasn't of value.

TOM DARNELL: The cell phone, and then the additional long guns that came in to me later, yes, sir.

TOM DARNELL: Yes, ma'am. I was actually promoted to lieutenant over the Latent Print Crime Scene Department in 1998, where I was in that role for about six years.

TOM DARNELL: Yes, ma'am. Back when I was a lieutenant over the crime scene department, we used to do the crime scene. We did the printing; we did everything. Now it's two separate departments. We have a latent print department, and we have a crime scene department. The crime scene department, as I understand it, they are trained in how to process crime scenes, which would include how to process certain things on scene for fingerprints. In other words, if it was something that was large and not, not, not able to transport back to the laboratory, they are -- they do have -- they do get some training in how to process for prints.

TOM DARNELL: I was not submitted any bloody prints in this case.

TOM DARNELL: Thank you, sir.