Attorney Fasoldt has significant experience defending people charged with cold case murders. This includes a recent acquittal of a client who was charged 36 years after the murder was committed. The case involved complex forensic issues, including genetic genealogy, DNA, manner of death, tire tracks, cell phone extractions, and railroad practices from the 1980s.
Attorney Fasoldt also represents people who are considered witnesses and/or lesser participants in the events surrounding the murder. Many of these people receive Grand Jury subpoenas and are required to testify.
Lastly, Attorney Fasoldt represents families of cold case murder victims. In these instances, the family members seek independent counsel and advice in navigating the court system and verifying the legitimacy of what they are told by the authorities.
The term “cold case” has several definitions. Merriam-Webster Dictionary defines it a cold case “an unsolved criminal investigation (as of a homicide or abduction) that has stopped being actively pursued because of a lack of evidence.”
Wikipedia offers a more verbose explanation, “[A case which] has not yet been fully resolved and is not the subject of a current criminal investigation, but for which new information could emerge from new witness testimony, re-examined archives, new or retained material evidence, or fresh activities of a suspect.”
Attorney Fasoldt understands the concept of a cold case as one that is charged several years after the incident occurred.
Cold cases differ from “closed” cases in that they still hold the potential for resolution due to discovery of new information, new witness testimony, or new physical evidence.
Many “cold” cases are just old cases. In these cases, police and prosecutors have been actively pursuing them. Then, due to some breakthrough, prosecutors have adequate evidence in their view to charge a suspect with a crime.
In other words, what caused either; the police to begin investigating the case again, the prosecutor to show interest in the case again, or both.
Listed below are some factors or reasons that could cause a cold case to come back to life:
Recently, many cold cases have been solved by finding new DNA matches to suspects using forensic genetic genealogy. In these cases, the suspect’s DNA did not have any “hits” within the existing catalogue of DNA samples available to investigators at the time of the alleged crime. More and more investigators are turning to domains such as GEDMatch, Ancestry.com, and 23andMe to track down DNA matches and narrow suspects using family trees. In Massachusetts, law enforcement agencies are permitted to use familial DNA in searches regarding serious crimes within limits. (cite)
Old evidence may be retested using updated technology and now provide enough information to confirm the involvement of a suspect.
Evidence that is retested may now result in a “hit” in the CODIS (Combined DNA Index System) database used by law enforcement if the suspect committed a new crime. Massachusetts General Law requires collection of DNA samples from “any person who is convicted of an offense that is punishable by imprisonment” (M.G.L. c. 22E, § 3)
Advancements in technology may lead to new extraction of DNA investigators were unable to access at the time of the crime.
A case may be opened due to new cooperation of a witness. A witness might come forward who was reluctant to testify at the time of the originating incident. There might also be a brand-new witness to come forward with relevant information.
New testimony may also come from jailhouse informants who usually provide information in exchange for a reduced sentence, or some other consideration.
Evidentiary testimony may also emerge from an individual at the end of their life. This is colloquially referred to as a “death bed confession”
Cold cases may be taken on by new members of law enforcement or new prosecutors. New views of the evidence and different opinions might be enough cause for opening it.
A new crime committed by a suspect in a cold case may reopen the case if the new crime is similar to, or reveals something about, the original crime.
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