Interview with an NCIS Agent (Part 2)

Today is the second and final portion of my interview with retired NCIS Agent Michael Maloney.  Enjoy.
F4F:  Military personnel can develop special skills such as knot tying, precision shooting, etc., Have you investigated any crimes where that type of evidence was crucial?

MM:  I worked a cold case that involved a sexual murder.  The body was tied in an unusual manner.  The knots demonstrated sophistication but were quite honestly out of my realm of experience.  Our suspect was an enlisted sailor.  We found an expert within the Navy on nautical knots and lashings.  He was able to examine the bindings and his conclusions were very helpful.  He was able to demonstrate that the knot binding her wrists could be tied one handed by someone familiar and skilled with it.  Our original assumption from its complexity was that she was either unconscious by this point (though that did not fit the MO) or that he would have had difficulty controlling her with both hands busy on the knot.  This working theory of ours was quickly changed.  Of further interest was his identification of which rating (military specialty) the sailor that tied these knots would have had as well as his experience level.  He noted subtle irregularities (a right over left, instead of left over right) that allowed him to offer the opinion that the sailor was likely near the end of his first enlistment but not established in his second 4 years at the time this was tied.  This matched our suspect to a “T”.

F4F:   How large is the NCIS? Are there a lot of offices and laboratories or is it pretty centralized?

MM:  NCIS has about 1400 Special Agents, about 70 are Marine Special Agents, additionally there are intelligence analysts and support staff.  The NCIS is broken down into field offices with a headquarters in the Washington DC area.  They recently moved from the Navy Yard (of the TV show fame) to Quantico Virginia where they are co-located with the other military investigative organizations.  NCIS uses the US Army Criminal Investigation Laboratory at Fort Gillam in Atlanta.  During time of specialized forward deployment special labs have been set up such as in Iraq to expedite forensic processing in the region.  There are fewer than 20 field offices.  A field office typically covers a large geographic region such as the southeastern US or Northwest US.  They may also cover Europe, Japan, and other foreign regions such as the Middle East.  Field offices are led by a Special Agent in Charge (SAC). Each Field office has NISRA’s assigned under it.  These are Resident Agencies that are led by a Supervisory Special Agent (SSA) and serve a particular military base or command.  The strength at each NCISRA is dependent on their mission and coverage.

F4F:  Can NCIS agents arrest any military officer, even a high ranking officer (such as an Admiral) or do they have to go through a special process?

MM:  Certainly in emergent situations anyone under their authority can be subject to “arrest.”  In my early days when NCIS came under an Admiral’s authority permission was required to investigate Flag Rank (admirals and generals) Officers.  After the infamous Tailhook investigation NIS was re-branded NCIS, taken out from under an admiral and placed under a senior executive service civilian law enforcement director who reports directly to the Secretary of the Navy.  This did a great deal to eliminate command influence or the appearance of command influence on our investigations.
Typically NCIS investigates the crime and turns over the investigation to the Military Prosecutors Office.  The military prosecutors office with NCIS approaches the command (the commanding officer is kept apprised throughout the investigation) and the command itself prefers, or lodges the charges against the military member. The term General Court Martial comes from the court martial being instigated by a commanding general. Arrests in the military bring certain aspects to the case that are not present in the civilian world.  A military member may be greatly restricted and watched over without being arrested and confined to a brig.  This is often preferred because confinement in a brig starts a speed trial clock that poses great limitations on how quickly the command must get the case into court.  There is no bail in the military, confined with sufficient cause is confined.  This of course is never an issue when public safety or the safety of the individual is enhanced by confinement.
F4F:   If a crime is committed by members of the Navy and another branch (like Army) does each branch investigate their own member or does one agency take the lead? How do they determine who gets the lead?

MM:  Generally the jurisdiction lies initially with the location of the crime.  When a suspect is identified it shifts to the suspects military commanding officer and the Military Investigative Office (MIO) that would serve them. For instance, a Soldier that kills a sailor on a Marine Base certainly poses some issues.  Ultimately the soldier would be formally charged and tried through his/her chain of command so the Army CID would have the investigation at that point. Initially The NCIS would work this as the crime occurred on their base and a suspect is normally not instantly identified.  In short, all of the MIO’s have a great working relationship as we so often overlap.  It is also important to have these with the local and state police as often the crime is in their jurisdiction and we assist.

F4F:  Tell us a little about your new text book Death Scene Investigation

MM:  The foundation for Death Scene Investigation actually came about when I helped author a crime scene field guide for NCIS.  Don Housman and I worked on that original project along with input from quite a few Special Agents.  That guide was so helpful to me that I hoped to put out a civilian version.  By some twist the Death Scene Investigation Procedural Guide actually was finished before the civilian Crime Scene Investigation Guide (which I am co-authoring with Don Housman).  The Death Scene Investigation Procedural Guide is a spiral bound, 260 page guide book meant to be carried in your cargo pocket to the scene.  It suggests step by step procedures for almost any death scene you might encounter (if you think of one I missed, let me know, I’ll get it in the next edition).  The guide starts with a simple decision matrix that allows you to evaluate the evidence in context and determine an investigative direction.  It emphasizes “red flags” for when an accident isn’t an accident etc… From recovering bodies from shallow graves, fields or water to determining approximate time since death, collecting evidence, processing fingerprints from the body (the bad guys) to collecting maggots and footwear impressions.  An easy to follow procedure is laid out.

For the seasoned death scene investigator this is a great reminder and memory jogger in unfamiliar instances, for those tasked with death scene response but without the experience developed through working in a major metropolitan area or those newer to the field this is an invaluable resource.  Quick plug, to those who write about death scenes, what a great easy to follow guide to make certain your description of scene activities is accurate without having to pour through texts!
F4F:  I agree! Your vast knowledge of forensics and scene investigation would be of great benefit to any author writing crime stories. Thank you so much Mike for taking some time to share your experiences with our visitors.
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About forensics4fiction

Hi there. Thank you for visiting my BLOG for crime writers. I hope you will find it interesting. I would love to hear your questions and thoughts regarding forensics and criminal investigations. I hope that the information here will help answer your questions or ignite your imagination. I am a retired senior criminalist with 15 years of forensic experience. I have served as the president of the Association for Crime Scene Reconstruction, Rocky Mountain Association of Bloodstain Pattern Analysts, and the Rocky Mountain Division of the International Association for Identification. I am triple board certified in forensic related fields and one of only 40 board-certified bloodstain pattern analysts and 80 board-certified footwear examiners worldwide In addition to writing over 60 scientific papers, I have worked as the editor of the Journal of the Association for Crime Scene Reconstruction, been interviewed by and consulted for television, books, magazines, and newspaper articles including documentaries on the Discovery Channel and National Geographic.

Posted on July 27, 2012, in Characters and tagged , , , , , , , , , , , , , , , , . Bookmark the permalink. 3 Comments.

  1. Fascinating information. Thanks for sharing with us.

  2. Thanks for all the wonderful information. The world is lucky to have committed professionals such as you two. And thanks to you Tom for bringing it all to us suspense/crime writers! :)

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