What should the PJ have done differently?

[xtina]

The purpose of reconstructions is to jog memories and prompt witnesses to come forward, not attempt to solve the crime directly from a reconstruction of events surrounding the crime.

That isn't a proper use of reconstructions at all.

The refusal of a reconstruction.

Crime reconstructions are a vital part of police forces investigations Worldwide, they give a clearer picture of what actually happened. It's all very well having all the pieces of a jigsaw, but without the picture on the lid of the box it can be difficult to put the pieces together, especially when, as was the case with the McCann's and their friends statements, those pieces don't fit.

In 2008 Ricardo Paiva, an Inspector with the PJ, sent an email to Mick Graham, Detective Inspector of the Major Crime Unit. In this email Ricardo requested that the tapas 7 (the group of friends who were on holiday with the McCanns) be contacted with a view to attending a reconstruction. What followed was a series of ridiculous demands by the group of friends, followed by the refusal to take part. Below are the first set of questions, followed by Ricardo Paiva's replies:

1 - Why do the PJ want them to take part in the re-enactment?

2 - What is the aim, what are the PJ trying to achieve with the re-enactment?

3 - Why so close to the anniversary?

4 - Why don't the PJ use actors?

5 - Will the footage of the re-enactment be released to the press/TV etc?

6 - What protection is there for the friends in relation to the media coverage/likely frenzy?"
The responses from Ricardo were more than satisfactory:

1 - Why do the PJ want them to take part in the re-enactment?

The PJ wants them to take part in the re-enactment because they were the ones who experienced the situation. Therefore, they are in the best conditions to reproduce it.

2 - What is the aim, what are the PJ trying to achieve with the re-enactment?

The PJ is trying to find out, with accuracy, the circumstances of the events occurred, using for that purpose the exact place of events and the same persons who took part in it.

3 - Why so close to the anniversary?

Only now has the PJ conditions to carry out these proceedings, and also because it is desirable that the weather conditions are as similar as possible to those at the time of the events.

4 - Why don't the PJ use actors?

The reason is because only the persons involved can clarify, with accuracy and at the same place, their position and movements.

5 - Will the footage of the re-enactment be released to the press/TV etc?

The PJ won't release any pictures/footage to the press.

6 - What protection is there for the friends in relation to the media coverage/like frenzy?

The place will be isolated and press interference will be avoided to its maximum.

The re-enactment will be carried out in one single day, at the exact time the events occurred.

However, the witnesses are requested to stay in Portugal for a couple of days more, in order to allow the production of all the material which shall be analysed, checked and signed by the persons involved."


So having asked 7 questions of the PJ and duly been given the answers you'd expect the tapas 7 to be more than willing to help, you'd be wrong. Their next move was to start haggling with the PJ, putting forward demands that needed satisfying before they would co-operate:

Russell O'Brien and Jane Tanner demanded the PJ;

• publicly dispels the damaging and disturbing lies churned out by the Portuguese press regarding alleged changes to statements, re-interviews or alleged lack of co-operation.

• publicly states there are "no suspicions over [us] regarding the commission of any criminal acts." This in no way compromises Judicial Secrecy.

Rachael O'Brien wrote:

Either they believe our version of the events of May 3rd 2007, or they don't. If they do, why the need for a reconstruction?

If they don't believe us, do they want a reconstruction so we can convince them otherwise?

If the purpose of a reconstruction is to convince the Prosecutor to lift Kate and Gerry's arguido status then we would consider taking part in it. If it is to properly focus the investigation on the person seen carrying a child away from the apartment, again, we would consider taking part because that would help to find Madeleine.

That would be the sighting Jane Tanner stands accused of lying about. The sighting she changed her description of several times, the sighting that has now been ruled out of the investigation by Scotland Yard, and indeed the sighting that is still promoted by the Official find Madeleine page.





Are you starting to get an idea of how impossible the PJ's job was.............



http://www.mccannpjfiles.co.uk/PJ/RE_ENACTMENT.htm

[Benice]

So a single member of Amaral's team was assigned to follow the English superintendent in a non-covert manner.

Hardly the same as 24x7 super-secret monitoring of the McCanns and their hire car.  Is it?

Just so we are on the same wavelength, you do know that the normal mode of transport in Luz is car? And there is a car hire company smack dab in the centre of Luz?

Cos you are making it sound like everyone in Luz using a car is doing something odd.

Not at all - and I have no idea why you would assume that.        But if a couple who were under suspicion of committing a crime (which was under close investigation at the time)  suddenly hired a car, then IMO it would not be unusual for the police who suspected them to wonder if that action might in some way be connected with that crime.

You make it sound as if covert surveillance is so outlandish - it couldn't possibly be considered.


(must go out now - flu jab beckons)

[carlymichelle]

Not at all - and I have no idea why you would assume that.        But if a couple who were under suspicion of committing a crime (which was under close investigation at the time)  suddenly hired a car, then IMO it would not be unusual for the police who suspected them to wonder if that action might in some way be connected with that crime.

You make it sound as if covert surveillance is so outlandish - it couldn't possibly be considered.


(must go out now - flu jab beckons)

people hire hire cars all the  time

[xtina]

wouldnt you have thought they would have done anything ....

if it helped find out what had happened to maddie ....

instead  of only  thinking of themselves.........mind you why should they change ..

when that was how it all started in the first place.....

they all only cared for themselves.....

[jassi]

wouldnt you have thought they would have done anything ....

if it helped find out what had happened to maddie ....

instead  of only  thinking of themselves.........mind you why should they change ..

when that was how it all started in the first place.....

they all only cared for themselves.....

You certainly would have thought so.

[jassi]

The important thing is has this new evidence led anywhere, or are the police really no nearer to a solution?

[Carana]

It's the sentence about the positive lab results which prove he didn't know what he was talking about.  How does a positive DNA match to Madeleine confirm that the dogs correctly alerted to her dead body?

It wouldn't as the PJ would have had to have excluded the possibility that her DNA could have been there for innocent reasons (even if the DNA components were a perfect match as opposed to the reality of a soup of components from 3-5 people, some of whom would be other family members).

[Carana]

The purpose of reconstructions is to jog memories and prompt witnesses to come forward, not attempt to solve the crime directly from a reconstruction of events surrounding the crime.

That isn't a proper use of reconstructions at all.

Not sure that that is always the case.

Yes, the purpose of televised reconstructions in the UK (and in some other countries) is normally an appeal to the public for further information.

In some cases, a reconstruction may serve to genuinely establish the circumstances of in which one or more people could not have been a culprit /victim. In several cases (wherever the crimes took place), such reconstructions have been conducted by experts and not televised until trial.

And... there are others, in which the police in certain countries invite the media to witness their "success" in resolving crimes with the alleged perps, often in shackles, re-enact what they either said that they had did or what the police told them to hypothetically demonstrate.

[carlymichelle]

our australian media  rarley mentions   the mcanns anymore

[Angelo222]

The purpose of reconstructions is to jog memories and prompt witnesses to come forward, not attempt to solve the crime directly from a reconstruction of events surrounding the crime.

That isn't a proper use of reconstructions at all.

Maybe you hadn't realised but the PJ wanted a reconstitution and not what is recognised as a reconstruction by UK law enforcement.  The Portuguese reconstitution requires the original participants to take part and not stand ins as happens with a reconstruction.

The purpose of the reconstitution is to establish events and identify suspects if appropriate.

[Angelo222]

That would depend on how little DNA needs to be present to get a positive test.  Why would Madeleine's DNA be in the hire car?

Her DNA would be on all the objects she came into contact with so transference is easily explained.

[carlymichelle]

Her DNA would be on all the objects she came into contact with so transference is easily explained.

thats  why in a  crime  scene/scenes  things  shouldnt  be  touched    the same thing   happned   in the jon benet  ramsey case   the police    couldnt do their jobs because the  crime scene/scenes    were disturbed   ie  by   john  ramsey carrying  jobenets body upstairs   their friends trampling in and out  etc etc   the  pj had the same issue i would imagine

[pathfinder73]

The PJ shouldn't have used FSS.

Over a five-year period, the Forensic Science Service (FSS) failed to detect tiny samples of DNA in 2,500 cases involving murders, rapes and serious assaults. Senior officers believe that in many of those cases DNA samples could have been found and matched to suspects, had the FSS used different techniques that were being used by other privately run laboratories.

When Scotland Yard carried out its review of the inquiry last year another forensic laboratory using a different technique discovered the DNA that the FSS had missed.

https://www.theguardian.com/politics/2007/feb/22/topstories3.ukcrime?0p19G=c

[ferryman]

The PJ shouldn't have used FSS.

Over a five-year period, the Forensic Science Service (FSS) failed to detect tiny samples of DNA in 2,500 cases involving murders, rapes and serious assaults. Senior officers believe that in many of those cases DNA samples could have been found and matched to suspects, had the FSS used different techniques that were being used by other privately run laboratories.

When Scotland Yard carried out its review of the inquiry last year another forensic laboratory using a different technique discovered the DNA that the FSS had missed.

https://www.theguardian.com/politics/2007/feb/22/topstories3.ukcrime?0p19G=c

As ever, context is the key.

From the article:

Mr Lake was asked to carry out a review to establish the scale of the failings. He wrote to all chief constables yesterday asking them to examine their files for any cases between 2000 and 2005 that have not resulted in a conviction, in which small samples were sent to the FSS and returned negative, when a positive result might have been expected.

He said yesterday that after 2005 the standards at the FSS raised no concerns as different techniques were being used.

Madeleine disappeared in 2007!

[ShiningInLuz]

As ever, context is the key.

From the article:

Mr Lake was asked to carry out a review to establish the scale of the failings. He wrote to all chief constables yesterday asking them to examine their files for any cases between 2000 and 2005 that have not resulted in a conviction, in which small samples were sent to the FSS and returned negative, when a positive result might have been expected.

He said yesterday that after 2005 the standards at the FSS raised no concerns as different techniques were being used.

Madeleine disappeared in 2007!

Let's hope Chief Constable Lake was right in his assessment of the FSS, and the PJ were not sold a pup.