“To convict the guilty, clear the innocent, and find the truth in a nutshell. ” … a detective expression
Phillip Daniel Stephen Ross Anastacia Lynn Smith Piper Ann Ross River Gayle Ross [Photos reposted from Tulsa World (link below)]
Last Friday night 31-year-old Phillip Ross of Sand Springs, Okla. hacked to death his 2-year-old daughter Piper and her 4-year-old sister River. He slaughtered their mother, his girlfriend and the mother of his children, Stacey Smith. Then he killed himself. “This is the worse thing that’s happened in my 28 years of law enforcement,” Fox 23 News reported that Sand Springs Chief of Police Mike Carter said at a news conference yesterday.
Here is the link to the KJRH-TV news report on the case. https://youtu.be/phky8uez7Zk
Here is the link to the newspaper Tulsa World article about it.
What do we do with the sorrow and rage and thirst for justice that are all inevitable in such a tragedy? There will be no trial, no one to convict. Left to mourn their deaths are Stacey’s two teenage children who were not home at the time of the attack, and Phillip’s mother who has lost her son and will have few who will mourn with her without reservation. Details have not yet been released, but Stacey may have left parents and siblings who have lost their daughter, sister, granddaughters, nieces. They will surely find support in their grief, but no justice, at least not on this earth. The investigators and forensics experts will sit with those horrific images of innocence destroyed all of their lives. They will not find the satisfaction of having protected the innocent or helped to punish the guilty, results that most law enforcement professionals can take some satisfaction in having achieved. They were not able to save us from ourselves this time, just left to clean up the mess.
This is a new investigation with many unanswered questions. Phillip Ross had a history of domestic violence but no convictions and none documented with Stacey. We do not know whether he had a military history or ever had a mental health evaluation. The coroner’s office is conducting toxicology lab work to determine if drugs or alcohol were involved. So much we do not know.
Here is what we do know. The neighbors heard sounds of violence that night but did not respond. Phillip’s mother came to the house Saturday afternoon and discovered the bodies. The front door was open. She had planned to babysit for her grandchildren that night so Phillip and Tracey could go out to celebrate her birthday but had tried unsuccessfully to reach them by phone to confirm. She had been worried.
In coming weeks we will find more answers, but none of them will tell us what to do with our feelings. None of them will answer the question of what we can and should do to protect ourselves and our neighbors, especially during these out-of-control pandemic days when political insurrection reigns and 28 murders, many involving children, have been committed in Oklahoma since Covid 19 began its deadly creep.
Here is an episode from “Body of Evidence” where profiler Dayle Hinman summarizes the triple homicide case of 35-year-old Sherry Brannon, her 4-year-old daughter Cassidy, and her 7-year-old daughter Shelby. I found it on You Tube. While all the facts Hinman presented in the episode were correct, many of the officials and detectives involved directly in the investigation are anxious to “correct the record” about some confusing impressions the episode seems to leave.
Hinman’s use of the editorial “we” throughout the episode may have suggested to viewers that she played an active and ongoing role in the investigation. This was not the case. My colleague, retired sheriff Charlie Wells, says that when first approached, she declined his Office’s request to review the case. Later she changed her mind. Her involvement, however, was peripheral. She reviewed the notes and evidence the Sheriff’s Office had compiled and spoke with investigators, then offered her initial impressions. As is frequently the case with profilers, she did not prepare a written report; a Manatee County detective took detailed notes. Her other involvement was after the Manatee County Sheriff’s Office solved the case and made an arrest. She returned then with a crew to video record the episode you just saw above.
Profiling is a controversial tool for solving major crimes, especially murders. As I noted in another article I posted on this website (See “Profiling,” September 5, 2019), famous nonfiction author Malcolm Gladwell says that profilers do not record their predictions but leave it to the investigating organization to take notes. This was true in the Brannon case. Now-Captain Rick Gerken who is still actively employed at the Manatee County Sheriff’s Office and was in charge of the day-to-day Brannon investigation at the time, shared notes from that initial conference with Dayle Hinman. Her “profile” of the murderer said that the murder scene was consistent with domestic violence. She said that crimes of interpersonal violence most often occurred between people who knew each other. Next, she hypothesized that the remote location (the home was located in a new development in a rural area where only the Brannon’s house and the house next door owned by the VanvBalam family were occupied at the time. Also, the Balam family was not in their home at the time of the murders or their discovery) suggested that the attack was targeted. When the bodies were discovered, the front door had been locked. A stranger would have had no proprietary interest in locking the door. According to Hinman, it is expected that a liar will change his story while a truth-teller will remain consistent. In this case, she felt that Dewey Brannon had provided multiple and varied accounts of what had happened at the house, and provided irrelevant information to the dispatcher during the 911 call. Hinman said that the estranged husband’s emotional demeanor should have reflected the exigency of the situation and felt it had not. While none of us knows how we might react in the same situation, she felt that Brannon’s behavior was, in some ways, inconsistent with the actions of a grieving father.
Profilers do not all interpret the same set of facts in a consistent way. For example in the Brannon case, Dr. John T. Super, the PhD psychologist who the Sheriff’s Office routinely consulted, felt that based on the violence of the crime, the husband and father of the victims was unlikely to be the perpetrator.
Why did the Sheriff’s Office feel so strongly about correcting the record of Hinman’s involvement? They were deeply upset that her initial impressions could have encouraged investigators to develop tunnel vision, possibly causing them to ignore evidence that did not support Dewey Brannon as the murderer. Had the sheriff’s office not been so professional in following the evidence rather than unsubstantiated hunches, they may well have missed the details that led to eventual conviction. Just as important, Sheriff Wells is extraordinarily proud of the outstanding work Major Connie Shingledecker, Captain Rick Gerken, Unit Manager of the Manatee County Sheriff’s Office Crime Lab Dianna Taylor, Lieutenant Bill Evers, and legions of others on his team did to solve the crime and make an arrest in less than six weeks. He doesn’t want anyone else to seem to claim credit for their excellent work!
The photo above is John Douglas, retired FBI profiler who was the pattern for Jack Crawford, the fictitious profiler in “The Silence of the Lambs.” This article contains sexually explicit material and is not suitable for all readers.
Criminal Minds the television series, the film The Silence of the Lambs, and other series and movies have profited mightily by portraying crime profilers. The latter are expert investigators–usually with psychology backgrounds–who examine crime scene details in order to define the type of person who is likely to have committed the crime. In 2007 author Malcolm Gladwell published an article in The New Yorker (November 12, 2007 issue) questioning the validity of profiling as a legitimate investigatory tool.
In “Dangerous Minds: Criminal Profiling Made Easy,” Gladwell discussed the FBI’s method of analysis, the basis for profiling techniques used in local police organizations and worldwide. According to Gladwell, profilers often do not record their predictions, but leave it to the requesting police organization to take notes. This, in fact, was the case in the Brannon murders, and certainly makes it possible for profilers to modify their opinions when the case is finally solved.
In addition, in 1972 when the FBI first created its Behavioral Science Unit in Quantico, Virginia, profilers classified murderers as either “organized” or “disorganized.” For example a murderer who brought a weapon to the crime scene as opposed to using an object found there, or a perpetrator who planned the crime or committed it spontaneously, were factors considered evidence of organization or lack of it. Later the classification was broadened to include mixed characteristics.
In the case of the Brannon homicides, the murder weapon was never found, but a neighbor’s missing knife was consistent with the wounds and may have been the weapon. That would have classified the killer as disorganized, which was consistent with the cloth and yellow twine left at the scene, but inconsistent with the planning that would have been required if the killer chose that night because he knew the neighbors would not be at home.
Gladwell further concluded that when profile reports are written, their findings are often ambiguous, as in “the rapist of the elderly woman was likely to be a young man who is insecure about his sexuality or an older man with a deep hatred of older women.” Gladwell also referred to Brent Turvey, a forensic scientist who is highly critical of the FBI methodology. Turvey believes that murders are almost always a mixture of organized and disorganized traits, and he concludes that it is not possible to look at one behavior in isolation. He gives a terrific example: A rapist in a park pulls the victim’s shirt over her face. Was he trying to prevent her from identifying him? Was he fantasizing she was someone else? Was he trying to incapacitate her so she couldn’t defend herself? Was he trying to look at her breasts? One behavior, pulling the shirt over her face, was only one small piece of the puzzle.
Not only did investigators need to consider multiple behaviors and factors, but they needed to take into account that different investigators would see things from different perspectives. In the case of the Brannon investigation, the Manatee County Sheriff’s Office initially called in their regular forensic consultant, Dr. John T. Super, a young psychologist who had earned his PhD at Hofstra University on Long Island and was board-certified in Forensic Psychology. Super reviewed the crime scene and Sheriff Wells asked him to prepare a profile of the killer.
“That was especially difficult,” Dr. Super remembers. “because these were not serial murders but a single event, so I had only that one set of circumstances to consider.” From the violence of the crime, he concluded that Dewey Brannon, the husband and father of the victims, was not the perpetrator. Because he was able to overpower Sherry Brannon, he believed it was a male, and because murderers are generally the same race as their victims, he thought it was a white man, acting on his own. Dr. Super concluded the latter because he believed that more than one perpetrator would have had a moderating influence on the more confrontational and violent killer. He began preparing his written report within days of the murders, and recommended that detectives begin immediately canvassing area hotel dumpsters to see whether bloody clothes or a murder weapon might have been discarded there by a drifter.
Wells also invited three outside specialists to visit the crime scene and collaborate on producing a psychological profile of the killer: Dayle Hinman, Coordinator of the Statewide Crime Analysis Profiling Program of the Florida Department of Law Enforcement, Louis Eliopulous, Chief Forensic Investigator with the Jacksonville Sheriff’s Office, and FBI Agent Joe Navarro. Their conclusions were consistent with those of Dr. Super.
One team member, however, had met separately with the Manatee County detective who was in charge of the investigation to offer preliminary observations. The person said the scene was consistent with domestic violence, and crimes of interpersonal violence most often occurred between people who knew each other. The perpetrator’s degree of anger and aggression was demonstrated by multiple stab wounds. The investigator said the remote location spoke of a targeted victim. Sherry was blitzed from the front; The perp knew her and could physically dominate her.
When the bodies were discovered, the front door had been locked. A stranger would have had no proprietary interest in locking the door. According to the expert, it is expected that a liar will change his story and in this case there were multiple and varied accounts of what happened at the house. Finally, the specialist concluded, Albert “Dewey” Brannon provided irrelevant information to the dispatcher during the 911 call. His emotions during the call should have been consistent with the exigency of the situation, however that was not the case. Whatever the majority concluded, at least one outside specialist was pointing a finger at Dewey.
Profilers are all privy to the same facts; each of them processes them through a different lens. Was Dewey the grieving father or his daughters’ killer?
WARNING: This article contains graphic sexual material. It is not suitable for all readers.
After the half-time break in our first Famous Murders class session, Major Connie Shingledecker continued her description of the Brannon investigation by telling about another crime, one that happened in a trailer ten miles from the Brannon home early the morning of Friday, October 22,1999. Lisa Bennett (not her real name) had awoken by the sound of tapping on the sliding glass door that led from the front porch to the living room where she dozed on the couch .
She recognized the visitor, a muscular man wearing shorts and a tee shirt and a ball cap. He was a casual acquaintance, not someone she considered a friend. Nonetheless she was relieved to see someone she knew rather than a housebreaker, yet annoyed at the same time. It was not yet 4:00 a.m. She had fallen asleep after putting her new puppy outside ; the dog had been “having accidents” on the floor the last two nights. Her boyfriend, Jim McEvoy, known as Mac, (not his real name) was asleep in the back bedroom. She knew he would not be pleased with the late-night company.
Her guest said his truck had broken down and she invited him in. He immediately produced a handgun from the waistband of his shorts and ordered her to sit down so he could tie her up. He had brought duct tape and a length of yellow surveyor’s twine. “This is all about about sex,” he had said. “Just do what I say and nobody’ll get hurt.” He sounded like a television outlaw. He fastened together her ankles and then her wrists.
“Why are you doing this?” Lisa asked him. “We’re friends, aren’t we?
He lit a glass pipe she assumed was filled with cocaine or crystal meth, inhaled, and began to pace. “I was gonna pop that asshole boyfriend of yours right in his sleep,” he said. “If he gives me any trouble, I’ll do just that. I’ll pop both of you and then burn down the trailer. You keep quiet now, and don’t wake him up yet.”
She could tell he was agitated from the drugs and not talking rationally: they barely knew each other and she also was aware that he was married. He went on to tell her that he’d done something “real bad,” and had to get out of town after he collected $3,000 he was owed, but couldn’t pick up until 6:30 that night. Until then, he said, he planned to spend the day carrying out some sex fantasies with her and Mac. He said he wasn’t sure whether he was gay or bisexual, he told her, but he wanted to watch them have sex together and then he wanted to do some stuff with Mac.
Lisa tried to calm him, but he ordered her into a nearby spare bedroom. “How do you expect me to get there with my ankles tied together?” she asked.
“Just point your toes in that direction and get in there a little bit at a time,” he advised. She was slowly able to do as he said. When she reached the bed, he pushed her back onto the mattress and ordered her to spread her legs and arms. He fastened her, spread-eagle, to the four corners of the bed frame using more tape and twine. When she was immobilized, he took off his shorts and attempted to have sex with her. He wasn’t able to maintain an erection, though, but managed to have oral sex with her.
After what seemed like an eternity to Lisa, she heard the sound of Mac moving in the hallway toward the bathroom adjacent to the kitchen.
“Now you be quiet,” he said. “If Mac comes in here all riled up, I guarantee I’ll kill both of you. I’ve done it before and I’m not afraid to do it again.” He hesitated. “Not that I’d want to do it, but I will if I have to.” He told her to tell Mac he was there and convince him to do what their captor wanted.
Lisa followed Mac into the bathroom and whispered to him.
“What the hell. I can’t understand you. Talk louder.”
She moved a step closer to him, continuing to whisper. She tilted her head toward the bedroom. “He says he’s going to kill us,” she said. “He’s crazy and he’s got a gun.”
Mac faced his adversary who was just emerging from the bedroom across the hall. “Get the hell out of my house,” he said.
I’m calling the shots here tonight, Mac,” he replied. “Just shut the fuck up. I’ve got some plans for us. Now go into that bedroom and sit down on the bed. I’m going to tie you up. That way we won’t have any trouble. Maybe I won’t have to kill you.”
Mac moved into the adjacent kitchen and said before he went into the bedroom, he was going to have a cigarette and a beer. He moved toward the fridge, acting much calmer than he felt. While he could tell the other man was anxious and not likely to let him continue acting in control much longer, he remained in the kitchen. Then he saw his chance: the gun was hanging loosely in the crook of his enemy’s arm while the latter lit up his crack pipe again. Mac made his move and grabbed the gun.
The men stumbled into the living room and Mac was tackled. Lisa grabbed a fireplace poker and began hitting their assailant every place she could reach. Mac wasn’t familiar with guns and while he tried to pull the trigger, the gun seemed to jam, and within seconds it was in the other man’s hand.
“One of us isn’t going to get out of here alive,” he told Mac.
Mac grabbed the gun in a final lunge and threw it out the sliding glass doors toward a nearby pond. He picked up the fireplace tool holder and raised it over his head, hitting his opponent in the head repeatedly. The intruder crawled through the glass doorway and begged Lisa and Mac to stop hitting him. He promised he was leaving, but at the last minute threatened that he had a shotgun in his truck.
“Let’s get out of here,” Mac said. He and Lisa quickly pulled the screen from a large window in the rear master bedroom and crawled through it toward the ragged meadow behind their trailer. Hiding in a clump of palmetto trees, they could see either headlights or a huge flashlight searching the ground near their hiding place. They broke free and ran toward the nearby street where their friend, Alicia Ruiz (not her real name) lived.
Alicia had dated their assailant for a year, but the relationship ended when he became seriously involved in drug use. She believed Lisa and Mac’s account and urged them to get into her truck quickly. If he went anywhere for help, Alicia explained, it would be to her house. She called 911 and asked the sheriff’s office to send a car to meet them at a nearby intersection.
When Manatee County Sheriff’s Office detectives met Alicia, they had no doubt a serious assault had taken place. Lisa and Mac were bleeding, scratched, and partially dressed and shoeless. They accompanied them to Manatee Memorial Hospital emergency room where the two were separated and interviewed. Lisa was examined and photographed and a rape kit was administered. Mac was interviewed by other detectives.
Detectives collected evidence from the hospital, including Lisa and Mac’s clothing, plus duct tape and yellow twine that was still attached to Lisa’s ankles and wrists. Calling sheriff’s dispatcher, Detective William Vitaioli reported the evidence to dispatching Lieutenant Atkinson who immediately recognized the twine.
“What color was the twine?” he said
Vitaioli replied that it was yellow.
“Be sure you secure that,” Atkinson said. “It may be involved in a homicide we’re investigating.”
The evidence behind the facts that Major Shingledecker had shared with our Famous Murders class was collected by the Manatee County Sheriff’s Office Crime Lab. Dianna Taylor was its Unit Manager, a Senior Crime Scene Technician. When she answered her cell phone on her way to work on the morning of September 16, 1999, Lieutenant Bill Evers skipped the small talk. “I want to give you a ‘heads up’. We’ve got a triple here, and little kids are involved.” Lieutenant Evers was in charge of crimes involving children. He was at the Brannon scene and needed her there immediately. Taylor made a U-turn and headed for Foxwood, a subdivision of Panther Ridge in east Bradenton.
“We were a family,” Taylor told me recently when we talked about the case. “We stuck together, and the toughest times were always the ones with kids. I pulled up and saw Sheriff Charlie in the middle of the driveway. He looked at me and said ‘You know there were little babies in there.’ We all knew by then, and as far as we were concerned, it was the central fact of the investigation.”
Taylor called for her 5-person forensics team to gather the necessary equipment and meet her at the scene. By the time they arrived, the house had already been unavoidably contaminated by the foot and hand prints of emergency medical technicians and a patrol officer who had been the first to arrive. It was important that they plan their investigative route to minimize further contamination. Preserving the freshness of the crime scene is one of the most important rules all investigators follow.
They decided to enter the premises through the rear sliding doors that led from the screened swimming pool area into the living room. The crimes had been committed largely in the front foyer and an upstairs bedroom, so controlling movement in those areas was crucial. Technicians unrolled yards of brown paper to create walking paths throughout the house.
Every viable surface was dusted for fingerprints. Every smudge and spot of blood and every visible footprint was photographed and measured. Crimes that occur in the victim’s home are especially difficult to process because family members may be potential perpetrators and yet their fingerprints and other trace evidence “belong” in the house. To complicate matters further, Dewey Brannon was not only the victims’ husband and father, but he reported having discovered the bodies and his bloody footprints were, understandably, throughout the crime scene.
Dianna Taylor and one or more of her crime scene technicians remained on the Brannon property for 29
days. In addition to removing sections of flooring, walls, and banisters, they combed the property around the house looking for the murder weapon and other trace evidence that might help to identify the murderer. Divers braved the snake-infested pond. Investigators paired up with community volunteers staked off and walked every accessible inch of the 5-acre lot, shoulder-to-shoulder.
They searched the Balam’s house next door and discovered a clue in what was not found: one knife was missing from a block of sharp culinary tools in the kitchen. Sherry Brannon had been in the Balam house the night before to feed their dogs while they were at the hospital giving birth to daughter Bailey. One scenario detectives considered was that the dogs had signaled someone was lurking near the premises and Sherry had taken the knife home with her as protection. It was not usual in home homicides for a victim to be injured with her own weapon.
Television crime shows portray the coroner or medical examiner as the scientist who solves the mystery. The forensics staff is usually shown in the background dusting for fingerprints. In reality, crime scene forensics is a highly skilled vocation, not a job.
Taylor, for example, began her crime scene technical career after her family moved from Lubbock, Texas, to Mississippi when Dianna was 13 and volunteered as a candystriper in a nearby hospital. After graduation, she trained as a Nursing Assistant and then a Nurse Technician in the emergency room. At work she was often in the company of crime victims and police officers. In addition, she came from a family dedicated to the care of others and law enforcement. Her mother was a nurse and her father a sheriff’s posse. From emergency medicine, she moved on to the police department where she began as a volunteer dispatcher. In 1988 she took the leap and began her formal education in Forensic Science. From there she’s taken courses or been certified in fire and explosion investigation, alternate light sources for scenes and evidence, vehicle fire investigation, arson, sex crimes investigation, suicide bombing and car bombs, blood splatter analysis, and locating hidden evidence, among other specialties! In addition to investigation, she spends much of her time training FBI agents and other law enforcement officers on evidence collection and interpretation.
I wondered why she landed there instead of in more general police work. “I didn’t want to just be present at the crime scene, I wanted to be involved in the nitty-gritty of putting away criminals,” she said. “There’s something about what we do that tells people things that no one else can tell them.” She pauses. “Good forensics investigators are the ones whose eyes tell you they are starving to death for more knowledge.” Those are the people you want working for the victims, she says.
Her craving to know more made her itch to understand the meaning of the length of yellow twine and a scrap of black cloth she found under Sherry Brannon’s body. They didn’t match anything else found in the house. It would have been impossible for Taylor to solve that mystery alone, but with her colleagues, her work “family,” the twine led her 10 miles away, to the middle of another crime scene.
Dead men not only talk, but some of them are real chatterboxes!