The Anatomy of a Still-Open Hot Case

On the other hand, by this very same definition, a criminal ‘hot case’ that has not gone through a proper investigation by real investigators remains a ‘hot case.’ Whether that hot case is shoved into a cold case file or not does not make it technically a ‘cold case.’ The never-investigated mass murder on September 11, 2001, a case never assigned to real and independent investigators, with many witnesses never-interviewed, with many suspects never-pursued, with many questions left unanswered, and with many leads never-followed, remains a ‘hot case.’ The self-serving classifications and redactions, the many cover ups, and the burial of the case and related files in government-created massive igloos, do not make 9/11 a cold case.

Let’s take a few minutes and by comparison examine a smaller scale murder investigation involving a murdered wealthy middle-aged man in an office building that was set on fire. While the forensic teams go over the body and through the charred building and debris to search for clues and evidence, the trained detectives begin interviewing witnesses, checking out the victim’s history, following any leads and forming their list of suspects.

In creating their list of suspects, the investigators look at all persons with direct or indirect motive(s): A young trophy wife with a multi-million dollar life insurance policy; a business adversary with much to gain from the elimination of the murder victim; former business partners and associates with grudges; a man who had actually threatened the murder victim; another who had shared his intense desire to see the victim dead; the owner of the handsomely insured burned down office building who had been unsuccessfully trying to sell the building and liquidate his assets …so on and so forth.

Whether through accounts of eye-witnesses or relatives, coworkers and friends, whether through documented evidence such as letters or e-mails, the investigators fill the list with possible suspects with motive(s) to see the victim dead, and maybe some with the established intent to kill him. Once the investigators create their list of suspects, and once the forensic and other evidence and witness statements have been gathered and analyzed, then they set about winnowing down the list. Using exhaustive interrogation techniques, investigative channels, and forensic evidence, the investigators begin eliminating unlikely suspects from the initial list one-by-one.

Sometimes the list is simultaneously narrowed down and expanded. While some initial suspects can be eliminated, others related to the initial suspects may be added as accessories to the crime. For example, the murder victim’s business adversary hired a professional hit organization that turned around and contracted the killing to three of its contract hit men. Or the victim’s wife’s lover plotted with her and engaged two hit men to execute the plot.

In the end, the investigators turn over their final suspect-accessory list and all the evidence that they believe will stand up in court to a prosecutor who then decides (on the evidence)  whether to bring charges against one or more suspects, and then argues the case in court. The suspect(s), motive, means and opportunity, all supported by evidence and witnesses, are presented in court for the jury to judge the case and decide guilt beyond reasonable doubt.

Of course we then have those cases that never make it to court. The lack of sufficient evidence, witnesses, or even a lack of possible suspects, moves the case from the investigation phase directly into the cold case file cabinet.

Then, we have cases that never make it even to the real investigation phase. Period. Without going through the usual investigative process- evidence-gathering, witness interviews, seeking motives and means, looking for intent, establishing a list of suspects …Without turning over any suspect with ‘all’ associated evidence and witnesses to any prosecutor…These case are evasively declared closed or a cold case.

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