Professional Documents
Culture Documents
Steve Moore Report
Steve Moore Report
6/13/96
An Investigative Case Review
October 7, 2014
STEPHEN K. MOORE
CHIEF INVESTIGATIVE OFFICER
JUDGES FOR JUSTICE
CONTENTS
I.
I.
CONTENTS ............................................................................................................................................. 2
II.
III.
IV.
V.
VI.
VII.
VIII.
A.
B.
C.
D.
IX.
X.
XI.
XII.
A.
B.
C.
D.
E.
F.
G.
XIII.
XIV.
A.
B.
C.
D.
F.
G.
XV.
XVI.
CONCLUSIONS ................................................................................................................................. 66
XVII.
APPENDIX A ..................................................................................................................................... 69
Appendix A1:
Appendix A2:
Appendix A3:
XVIII.
APPENDIX B ................................................................................................................................. 72
Appendix B1:
APPENDIX B2:
APPENDIX B3:
XIX.
APPENDIX C ..................................................................................................................................... 75
Appendix C1:
XX.
APPENDIX D..................................................................................................................................... 76
Appendix D1: Offender Profile, Special Agent Les Stimpson, ISP .......................................................... 76
II.
Judges for Justice (J4J) is a non-profit organization formed to provide independent, impartial
and experienced legal, scientific and investigative analysis of cases of alleged innocence. Subject
matter experts unavailable to many municipalities are consulted, and scientific capabilities are
exploited, many of which may have been unavailable at the time of the crime in question. All
efforts are made to conduct a completely neutral and independent analysis of each case
submitted.
The purpose is two-fold; to provide relief for those individuals wrongly convicted, and to
facilitate the continuing investigation (or reinvestigation) of the crime for which they were
convicted, in hopes of identifying the true perpetrator. Justice means more than simply
releasing the innocent; it means finding and convicting the actual perpetrator(s). As former law
enforcement and judicial officials, the aim of Judges for Justice is to strengthen, not weaken, law
enforcement and the judicial system. Every jail cell occupied by an innocent person convicted of
a violent crime means that a guilty person is free, and that person is a danger to society.
In 2012, Judges for Justice became aware of the claims of innocence by family members and
others in the conviction of Christopher Conley Tapp.
Judges for Justice Chief Investigative Officer Stephen K. Moore was tasked by J4J with
conducting a preliminary inquiry to determine if facts existed which would lead a reasonable
person to believe that the wrong person might have been convicted for the murder of Angie Raye
Dodge on June 13, 1996. This preliminary inquiry and data collection was initiated in January,
2014 in Boise and Idaho Falls, Idaho. The inquiry concluded that more than sufficient reliable
evidence exists to support a reasonable belief that Christopher Conley Tapp was not involved
with the murder of Angie Dodge, and a recommendation was made for Judges for Justice to
conduct a full investigative review of the Dodge murder and the Tapp case.
A full investigative review of the case was then authorized. Judges for Justice developed and
implemented an investigative plan on the Tapp case in order to:
Analyze thousands of individual pages of transcripts, interviews, evidence, photographs,
data and documents related to the case.
Interview witnesses and those with knowledge of the investigation
Review the investigative steps taken by the Idaho Falls Police Department for:
o Efficacy
o Propriety
o Reliability
o Methods
o Reasonableness
o Relevance
Judges for Justice has obtained all available court, defense, and police documents, as well as
photos, trial exhibits and other pertinent information. In all, thousands of pages of documentation
and evidence were reviewed in detail over the course of several months by several investigators,
including a former superior court judge.
Investigation was conducted in Idaho Falls, and several parties in the case were interviewed,
including Christopher Tapp and Carol Dodge. Other interviews were conducted by Judges for
Justice with Benjamin Hobbs, Travis Bell, Audra Owens, Clint Nelson, Jr., Tom Brown and
other pertinent individuals. Investigation and interviews are ongoing.
Logic dictates that this investigation is limited mainly (but certainly not exclusively) to the
evaluation of evidence, and the circumstances of its collection, 18 years ago. Some of the
evidence is now unavailable in its original form. (For example, the crime scene itself is, of
course, profoundly stale.) The J4J investigation is also constrained by the lack of certain
investigative data; evidence which (according to best investigative practices) should have been
collected expeditiously at the crime scene but was not. For example, a comforter (duvet) from
the victims room on which blood had been spilled was not collected. The failure to collect that
evidence indicates that the investigators assumed that the blood on the comforter belonged to the
victim. This is poor investigative practice at best. If the comforter had blood on it, one must
accept that the blood could belong to the perpetrator. Investigations which tolerate the
acceptance of unfounded assumptions invariably come to grief.
There is also anecdotal and documentary evidence that dozens, if not hundreds of photos were
taken at the crime scene and during the autopsy. Approximately a dozen have been provided to
Tapps defense.
Another inexplicable omission was the failure by authorities to obtain the temperature of the
victims body at the crime scene. This task is one of the most basic and important investigative
steps taken at a crime scene, and it is difficult to understand this lapse. It is this investigators
opinion that this information, as well as the other uncollected items, would have had a probative
effect on the investigation that would likely have significantly affected its results. The vast
majority of the uncollected evidence is lost. However, some unexploited data was still available
and the analysis of this data represents new evidence.
5
Judges for Justice attempts to operate in cooperation with law enforcement and prosecutors,
when this is possible. In this case, the opinions and positions of the Idaho Falls Police
Department (IFPD) investigators involved in the case have been made abundantly clear in print
and broadcast media as recently as August, 2012. It was determined that their views on the
investigation were available in detail, and that it would be neither useful nor constructive at this
point to interview the detectives involved, but we remain willing to speak to them at any time, at
their request.
III.
INDEPENDENCE OF INVESTIGATIONS
Judges for Justice is a non-profit organization which accepts no compensation from any persons
involved in their investigations, whether family members of the victim, suspects, friends or their
advocacy organizations (if such exist).
Investigators are given complete authority within Judges for Justice to complete an impartial
investigation. If and when a Judges for Justice investigation at any stage concludes that
available evidence indicates that the convicted person is likely guilty or even that significant
reasonable doubt exists about their innocence, the investigation is discontinued.
No promises are made to any individuals who request the assistance of Judges for Justice. The
organization cooperates with both prosecution and defense parties, but works on behalf of
neither. Judge for Justices sole client is the truth.
The main purposes of the organization and its investigations are to improve the justice system
and public confidence in the system, to enhance public safety by ensuring that the appropriate
guilty parties are identified, apprehended and appropriately prosecuted, and that any person(s)
wrongly convicted obtain their freedom.
IV.
CHIEF INVESTIGATOR
STEPHEN K. MOORE
This investigation was conducted by Judges for Justice Chief Investigative Officer Stephen K.
Moore; a former FBI Special Agent and Supervisory Special Agent. His 25 years of FBI
experience is wide and varied, though his primary expertise is in the investigation of violent
crime and terrorism, both domestic and international. He has participated in and supervised the
investigations of multiple dozens of murders, and has served as the FBI representative at
approximately 30 autopsies and witnessed another dozen while assisting in the identification of
victims, determining and documenting cause of death, and obtaining evidence.
Special Agent Moore ran or supervised dozens of violent crime and murder investigations in
Utah and Los Angeles, including the mass school-shooting at the Jewish Community Center in
Granada Hills, California in August, 1999. Special Agent Moore was the chief investigator for
the Los Angeles FBI for attacks of 9/11/2001 and was subsequently assigned as supervisor of Al
Qaeda investigations for the FBI in Los Angeles. In this role, he directed investigations,
reviewed probes and investigative files of his agents for propriety, efficacy, efficiency,
reliability, methods and reasonableness. Later named supervisor of the FBIs Extra-Territorial
Squad, Moore was responsible for the investigation of all terrorist attacks against the United
States in Asia. While directing this squad, Moore and his team investigated bombings, mass
shootings and dozens of murders in a myriad of countries, including Pakistan, Indonesia, the
Philippines and Thailand.
In 2004, SSA Moore was appointed term Assistant Legal Attach to the U.S. Embassy, Nassau,
Bahamas, then supervised the investigative component of the FBI emergency response team at
the Athens, Greece Olympics. Moore also instructed at the International Law Enforcement
Academy (ILEA) in Bangkok, Thailand and the Pacific Training Institute of Angeles City,
Philippines, as well as conferences and institutes throughout the United States, Asia, the
Caribbean and Europe. Mr. Moore has received multiple awards from the United States
Department of Justice and the FBI for excellence in investigation. He also served as an
undercover agent, and several years as an FBI SWAT Operator and sniper.
Since retiring from the FBI, Mr. Moore has become involved in several high-profile cases of
Americans wrongly held overseas, including Amanda Knox in Italy, and Jacob Ostreicher in
Bolivia, both of whom have now returned to the United States. Moore has been called several
times to testify before Congress and his investigative reports to congress have been submitted to
the United Nations High Commissioner for Human Rights.
V.
EXECUTIVE SUMMARY
In June, 1996, Angie Raye Dodge (white female 60, 180 lbs.) was an 18 year old high school
graduate who had recently moved into a rented, converted second floor apartment at 444 I
Street, Idaho Falls, Idaho. She had lived at the I Street apartment approximately two weeks
since moving out of her parents Idaho Falls home.
Angie was employed at Beauty For All Seasons, a distributor of cosmetic supplies, and was
scheduled to work at 7:00 a.m. on Thursday, June 13, 1996. When she did not show up for work,
call to explain her absence or answer her phone, two fellow employees who were also friends of
Angies drove to her apartment to check on her.
At approximately 11:00 a.m., they arrived at Angies residence and found the front door to her
apartment ajar and entered. The apartment was clean and undisturbed except for the bedroom.
They found Angie in the bedroom, semi-nude, bloody and not moving. They called police.
Arriving police confirmed that Ms. Dodge was dead from an apparent knife attack, possibly
during the course of a sexual assault. There was no evidence of forced entry to the apartment.
A lengthy and extensive investigation was immediately initiated by the Idaho Falls Police
Department, culminating in the arrest of Christopher Tapp seven and a half months later, on
January 29, 1997. According to IFPD, Tapp confessed to his involvement in the crime, which he
claimed was perpetrated by a friend, Benjamin Hobbs and an unknown male subject (UNSUB)
third party. Both Hobbs and Tapp volunteered to take polygraph examinations to prove their
innocence. Semen DNA collected at the crime scene matched neither Benjamin Hobbs nor
Christopher Tapp.
Through weeks of grueling interrogations, Tapp, motivated to implicate Hobbs by threat of
prosecution, created a story of Angies murder that varied wildly from interrogation to
interrogation, as he tried to create a story which would satisfy the requirements of his immunity
agreement. Tapps story changed every day, and frequently every hour, as the detectives, in a
process strikingly similar to the canonization of the books of the Bible, chose which of Tapps
wildly-divergent story points they would sanction as authoritative truth.
At first reading, there appeared to be no rhyme or reason as to which versions of Tapps account
the detectives accepted as fact. It appeared that they hand-picked some of Tapps earliest
statements as well as some of his last into a somewhat cut-and-paste whole. However, on
further review, there was one common denominator of those apparently arbitrary selections of
Tapps interrogation statements: They all agreed with the theory of the crime held by detectives
from the first day of Tapps interrogations. In essence, the detectives appeared to accept as true
anything that they agreed with their theories, and discarded anything which did not fit their
9
preconceived notion of the crime. The following is the version of the story ultimately agreed
upon by IFPD and the prosecution:
Benjamin Hobbs wife had recently broken up with him at the urging of Angie Dodge,
causing Hobbs to be angry at Dodge.
Tapp, Hobbs and UNSUB arrived at Angies apartment at about 12:30 1:00 a.m. on
June 13, 1996 with Hobbs stated intent of talking to Angie about her involvement in
his wifes leaving him. Hobbs, Tapp and UNSUB were under the influence of a
significant amount of marijuana.
Hobbs knocked on Angies downstairs door, which led to a stairway to her apartment.
Angie answered the door and invited the three in.
The four then proceeded directly to Angies bedroom to talk.
Conversation began cordially, then quickly became confrontational, and then physical.
Hobbs, becoming irritated, cold-cocked Angie, punching her in the face and knocking
her backward. She repeatedly lunged back at him as he punched and stabbed her.
With no warning, Hobbs stabbed Dodge in the chest at least twice, and then forced her to
the floor.
Hobbs then called for Tapps help in holding Dodge down while he (Hobbs) and UNSUB
repeatedly raped and sexually assaulted her. While Hobbs raped Angie, UNSUB held
Angies feet. While UNSUB raped her, Hobbs held Angies feet.
Tapp held down Angies hands throughout the attack.
Hobbs forced Tapp to mutilate Dodges body with a knife (slashing of a breast) so that
Tapp would share culpability for the crime.
Hobbs then cut Angies throat, killing her.
Finally, the three cleaned up in the kitchen and left the apartment, disposing later of the
weapon and bloody clothing at an unknown location.
Within months of Tapps conviction, however, questions began to surface about the validity of
his confession, his motivation to confess, and whether the physical evidence matched the
statements made by Tapp.
Judges for Justice became aware of this case in August, 2012, and determined that it met the
criteria for employing investigative resources. In conjunction with the report of former FBI
Profiler Gregg McCrary, this report reflects the professional opinions of the investigator of this
matter, as well as comments and additions by Judges for Justice experts. The initial investigative
steps were undertaken in January 2013. If and when more evidence is available, this report will
be reevaluated and amended as necessary.
10
VI.
After eight months of exhaustive investigation and an extensive review of all available evidence,
Judges for Justice believes that the evidence proves that neither Christopher Tapp nor Benjamin
Hobbs had anything to do with the murder of Angie Dodge. Judges for Justice believes that the
evidence proves that the following is true regarding the Idaho Falls Police Department
investigation and conclusions regarding the Angie Dodge murder:
Based on available information, it appears that the Idaho Falls Police Department investigation
into the Angie Dodge murder was immediate and tireless. Hundreds of interviews were
conducted by detectives and it appears that no stone was left unturned in their efforts to find
Angies killer. The investigative steps taken by IFPD in the first days and weeks of the
investigation appear to be appropriate and prudent. There is every indication that the detectives
involved in this case, Lead Detective Ken Brown, Detective Jared Fuhriman, Detective Philip
Grimes and Detective Curtis Stacey, were dedicated, conscientious police officers trying to solve
a difficult and disturbing case. It appears that they took DNA blood samples from at least 30
males in Idaho Falls in the weeks and months following the murder. However, the character and
quality of the investigation took an ill-fated turn on January 6, 1997 after the arrest of Benjamin
Hobbs on an unrelated rape charge in Ely, Nevada:
IFPD detectives came to the conclusion that the circumstances of Hobbs crime in Ely,
Nevada were of such a similar nature to the modus operandi in the Angie Dodge murder,
that it was evidence of Hobbs involvement in the murder of Angie Dodge. This
conclusion was in error, and it was their reaction to this error which doomed the case.
The detectives mistaken conclusion (taken in the absence of any supporting physical
evidence of Hobbs guilt in the Dodge case) clouded their judgment and allowed a
predetermined conclusion to dictate the priorities and tactics of their subsequent
investigation, rather than evidence already (and subsequently) obtained. This result is an
example of investigative tunnel vision stemming from confirmation bias.
o Confirmation bias is subconscious prejudice in favor of a conclusion one has
already reached. This bias rejects any evidence inconsistent with the pre-decided
conclusion, and accepts anything remotely consistently with it. The more
emotionally invested the individual is in the issue/case, the stronger the
confirmation bias will be. It is apparent that these well-meaning detectives were
significantly emotionally invested in the Dodge murder. However, emotional
detachment is crucial in some situations; it is the reason that doctors never operate
on their own childrenemotion can negatively influence judgment.
11
o Psychologists who study why humans make errors in judgment usually list
confirmation bias the #1 reason.
After January 6, 1997, the IFPD investigation proceeded with the predetermined
conclusion that Hobbs had killed Dodge. All evidence was evaluated through that filter
and all investigative actions reflected that bias.
o It was Detective Fuhriman who first brought up Ben Hobbs as the killer,
convincing Tapp that Hobbs was guilty by claiming substantial evidence against
him, and claiming that Hobbs was implicating Tapp.
o Fuhrimans obsessive belief in Hobbs guilt is patent in one of the earliest
interrogations of Tapp, January 11, 1997, when Fuhriman tells him: Were going
to drop-kick Ben [Hobbs] through the goal posts of life. At the time Fuhriman
said that, there was not one piece of credible evidence, physical, circumstantial or
testimonial, of Hobbs involvement in the Dodge murder. It existed only in the
minds of the IFPD detectives, and only because of the January 6th discovery that
Hobbs had been implicated in an unrelated rape.
There is no motive for Benjamin Hobbs to kill or even be angry with Angie Dodge. There
exists no evidence to support the alleged motive that Benjamin Hobbs was angry at Angie
Dodge or in any way suspected her of having anything to do with Hobbs wife DeAnn
leaving him and moving to Utah. Substantial evidence exists to prove that Angie and Ben
were close friends and that Angie had actually helped console Ben after the breakup. The
alleged motive was the creation of the police interrogators, and it was foisted on
Christopher Tapp.
o Tapp, in his first interrogation on January 7, 1997, repeatedly asserted that Angie
and Ben were friends.
o DeAnn Calloway, (Ben Hobbs then-estranged wife) in an interview on January
10, 1997, told Det. Jared Fuhriman that Angie had nothing to do with the breakup
of DeAnn and Ben. Still, Fuhriman apparently disregarded this first-hand
information, and persisted in foisting that false motive on Tapp.
No physical evidence exists or has ever existed to support the guilt of Christopher Tapp
or Benjamin Hobbs in this prosecution. Much physical evidence exists to contradict that
assertion.
When physical evidence or witness testimony contradicted their theories or Tapps
alleged confession, the IFPD detectives simply disregarded that evidence.
12
Tapps confession was the product of flawed and illegitimate tactics by IFPD
detectives which offered Tapp a very explicit choice of implicating Hobbs and going free,
or denying any knowledge of the crime and receiving life in prison or worse, the gas
chamber.
All information provided by Tapp regarding the crime scene and/or the modus operandi
of the killer was provided verbatim by IFPD, was common knowledge in the community,
or was suggested and/or coached to Tapp by the detectives.
Not a single assertion made by Tapp in his confessions (except those facts already in
the public domain or provided to him by the interrogators themselves) was ever
corroboratedand none of those facts connected Tapp or Hobbs to the crime.
The scenario described by Tapp in his confession is in conflict with physical evidence,
autopsy results, forensic science, generally accepted forensic psychology, and logic.
A significant tool used by the detectives in obtaining this confession from Tapp was the
repeated polygraphs administered by Detective Steven Finn. However, a review of Finns
polygraph conclusions during the Dodge investigation raises grave doubts about the
accuracy and validity of those tests.
The procedures used by Finn during his examinations were also suspect. For instance,
during the January 10, 1997 polygraph examination of Tapp, he threatened the suspect
with the gas chamber. It is accepted that the polygraph is used as a legitimate
interrogation tool. In this case, however, it was used incorrectly.
The IFPD detectives disregarded law enforcement reports submitted to them which
correctly profiled the likely actual killer.
The review of previously unevaluated evidence, identification of misinterpreted forensic
evidence, and new information obtained through interviews, (among other issues);
represent new evidence in this case.
Based on all available evidence, it is the conclusion of Judges for Justice that neither
Christopher Tapp nor Benjamin Hobbs had any involvement in the murder of
Angie Dodge, and that the crime was committed by a male meeting the
characteristics of a disorganized killer, who lived in proximity to Angie at the
time of her murder. That killer likely still walks the streets.
13
VII.
While both the Angie Dodge murder in Idaho Falls and the rape perpetrated by Benjamin Hobbs
in Ely, Nevada may have borne external similarities, such as the use of a knife in a sexual
assault, the commonality of the two crimes end there.
The Angie Dodge murder was a remorseless, violent, blitz attack. Absent Tapps dubious
confession, all available evidence indicates that the actual attack began with the killer entering
the unlocked second floor of the house surreptitiously. There was no intent in the killers mind of
ever leaving the victim alive, and actual penile/vaginal rape (as opposed to digital) likely never
occurred. The killer ejaculated outside the victims body (almost certainly post-mortem), then
engaged in sexual mutilation of the corpse. After the attack, the killer fled.
The rape perpetrated by Benjamin Hobbs was horrible in its own right. However, with the
exception of the use of a knife (for a completely different purpose) it could hardly have been
more different. The knife in the Hobbs rape was used to threaten, not kill, and there was never
any intent or desire to harm the woman with the knife. Hobbs and the victim knew each other
(albeit for a short time). Hobbs had no difficulty completing the sex act, in contrast to the killer
of Angie Dodge. Hobbs experienced great remorse after the attack and did not attempt to flee.
Certainly, Hobbs crime made him a logical suspect and the IFPD detectives were correct and
appropriate in aggressively pursuing this crime as a lead in the Dodge murder. It would have
been derelict for them not to. However, there is nothing in the Hobbs rape which merited
shutting down all other investigation into the Dodge case.
If and when the wide differences in the modus operandi in the two cases became clearer, IFPD
detectives would have been well advised to reassess their priorities. But when the DNA test
results received on IFPD on January 17 proved that the semen left at the crime scene by the killer
was neither Hobbs nor Tapps, that portion of the case held no more investigative validity and
should have been closed. But it was not. Instead, the investigators chose to follow their hunch
rather than physical evidence. Hunches are important, but they are mortal and can be flawed.
They should never be put on life support. There existed no evidence (and none exists to this date)
which would justify a continued investigation into Hobbs as a suspect.
14
CULPABLE KNOWLEDGE
An invaluable tool in homicide (and other) investigations is leveraging sole source information.
This data is generally defined as unique information which would be known only to the
perpetrator(s) of the crime and to the investigators; usually involving knowledge of the crime
scene and the circumstances of the crime. For the purposes of this document, we will call this
information culpable knowledge; information that only the killerand the policewould
know. Having this type of information is crucial to establishing actual guilt, especially so when
there is a motive for a false confession. The more people who are privy to the confidential details
of the crime (especially those people outside of law enforcement), the less that information can
and should be considered culpable knowledge.
In the Dodge case, detailed information on the crime scene began leaking from the police within
minutes of the discovery of the body. The owner of Angies apartment was told by police hours
after the discovery of the body that her renterhad her throat cut. Knowledge of that very fact
was later used by police to prove that Christopher Tapp knew something that only the killer
would know.
The value of the confidential and unique details of a crime scene evaporates when those details
are divulged. However, when unwittingly divulged, they become worse; they become
misleading.
In this case, it became apparent that during interrogations with Tapp, individual detectives
provided details of the crime scene or the crime to Tapp, and failed to notify the other detectives
of what Tapp had been told. When Tapp repeated the details (with which he had been earlier
provided) to other detectives during subsequent interrogations, those officers believed that
information to have come from Tapps memory, further convincing them of Tapps involvement.
The haphazard release of case information to Tapp became a vicious circle. The more the
detectives leaked information to Tapp, the more convinced they became of his guilt, and the
more prone they were to leak even more information to him.
Protecting unique crime scene and/or forensic information is of crucial importance. In order for
culpable knowledge to be valid for use as evidence, it must be carefully verified as such.
This investigator is familiar with both the value and the difficulty of protecting information
which would be known only to the perpetrators of a crime. While investigating terrorist attacks
against the U.S. in countries such as Pakistan and Indonesia, this investigators FBI team
15
frequently found themselves in a position in which the host country would have custody of a
suspect in a major terrorist attack and would therefore control the interrogations of that subject.
Because of the means and methods used by certain countries, confessions came easily and
quickly for them. The results would usually be reported to the FBI within 48 hours. Tragically
but not surprisingly, many of the confessions received were useless because the person(s)
involved had nothing to do with the crime but confessed due to extreme physical and
psychological coercion. Consequently, the FBI team used a system whereby certain unique
informationknown only to the bomber and the FBI, which would be sufficiently unique that
the answer could not be successfully guessedwas maintained tightly within the FBI
investigative group, was carefully protected from the host country interrogators. The wellsubstantiated fear, of course, was that the interrogators would feed the correct answers to the
suspects in order to get a quick conviction and solution. Only by this method could the FBI
team determine whether the subject was culpable or simply coerced.
In the Dodge murder investigation, zealous and well-intentioned IFPD detectives provided,
whether intentionally or inadvertently, extensive crime scene details to Christopher Tapp.
B.
The Reid Technique is a widely popular method of interrogation used by police, sheriffs
departments, federal agencies and private sector investigations firms. Training in the Reid
Technique is conducted throughout the United States and is available via online courses and
training classes around the country. It is evident from the viewing of the interrogation tapes of
Christopher Tapp that at least two of the detectives interrogating him, Brown and Fuhriman,
were familiar with, and utilizing Reid techniques (whether they recognized them as such or not).
However, besides orthodox Reid procedures, the IFPD detectives interrogating Christopher
Tapp utilized certain identifiable, flawed and discredited techniques associated with the Reid
method to obtain a confession from Tapp. So pervasive, dangerous and overwhelming are
certain tactics used in conjunction with Reid,including those used by IFPD on Tappthat
the president of John E. Reid & Associates, originators of the Reid Technique, was compelled to
publicly warn against their use:
False confessions are not caused by the application of the Reid Technique, but are
usually caused by interrogators engaging in improper behavior that is outside of the
parameters of the Reid Technique engaging in behavior that the courts have ruled to be
objectionable, such as threatening inevitable consequences; making a promise of
leniency in return for the confession; denying a subject their rights; conducting an
excessively long interrogation; etc. (See Appendix C1)
16
In fact, the Reid & Associates admonition reads more like a description of IFPDs interrogation
tactics with Tapp than it does a cautionary statement. The tactics warned against by Reid &
Associates are the exact techniques utilized by the IFPD detectives when they promised Tapp
immunity if he implicated Benjamin Hobbs, and threatened him with the life in prison or the
gas chamber if he denied his involvement in the murder. Additionally, the interrogations of
Tapp over the course of a month were arduous and lengthy. In the month of January, Tapp was
the subject of nine interrogations over three and a half weeks, for over 20 hours. Detectives
refused to accept Tapps repeated denials of involvement, arresting and jailing him when he did
not implicate Hobbs, then releasing him the day he did so. While it is not known if this was
intentional, the effect on Tapp cannot be disregarded.
Joseph Buckley, President of John E. Reid & Associates, defending against charges that the Reid
Technique for interrogation produces false confessions, wrote in June, 2012:
We teach that interrogators ..[that] they should not try to talk a suspect into believing
that they committed the crime.
In their interrogation of Tapp, IFPD detectives repeatedly and conspicuously attempted to
convince Tapp that he had been a witness to a murder of which he repeatedly claimed no
memory. This was a concerted effort by all the detectives, not just one. Just a few of the
examples (during various interrogations) of these tactics are:
Det. Brown:
and thats where your pain was really startin to come through is
because I could, I could feel it then that you wish you could have run up
the stairs and stopped him.
Tapp:
Uh, its like Im, Maybe I was there, I just dont know.
Det. Brown:
Tapp:
Det. Brown:
And thats, and thats what we wanna work through.until we get it all
out, your pains gonna be there
Tapp:
17
On another occasion:
Det. Stacey:
You remember makin a comment when you first came in here that in
your heart you werent there? I believe that. I believe that in your heart,
you werent there. That in your heart you wanted to be somewhere else,
didnt ya? But things happen. Things went into motion. You couldnt stop
em.
Another example:
Det. Brown:
think, think, think in your heart, ya knowyour heart wants to tell you
one thing and your mind wants to tell you the other, ya know. But, think
in your mindthere are details in there that, that youre thinkin, that are
going through your mind right now. I can see it. Okay? I can see it in your
mind right now. Youre, youre visualizin em and youre, youre thinkin
of em. lets get through these..Were you there when he was doin it?
Tapp:
Brown:
No, Im not. Im not sayin you were there. Im justits really difficult, ya
knowin your mind if you were thereyoure thinking, oh, man, Im in
deep trouble now.We wanna get it all out. And, ya know, maybe,
maybe you werent there. You could have been downstairs, you could
have been waiting for him, you could have been somewhere else and
youre just having a hard time working through that with us.
Tapp:
Brown:
Tapp:
C.
CREATED FACTS
The Photograph Souvenir: The detectives induced Tapp to claim that Hobbs had
taken a framed photograph from Angies night stand as a souvenir of the killing. The
photograph, according to the story told by Tapp, was of Angie Dodge and Hobbs
estranged wife DeAnn Calloway. However, in an interview with Detective Fuhriman,
DeAnn stated flatly that she had never taken a photograph with Angie, because they were
not close friends.
18
The allegation that the detectives accepted was that Angie Dodge had only one
photograph on her night stand, and it was framed. It was not, they accepted, her
boyfriend, it was not Angies parents, it was not a cherished friend; it was a woman who
was not close enough to her socially to believe they had ever been photographed together.
But the story was accepted without reservation by the detectives.
Staceys Slashing Motive: In their attempt to explain the slash to Angies breast, the
detectives bandied about several theories, until Det. Stacey, out of the blue, postulated a
highly unlikely motive not suggested or supported by any evidence. He fed the motive to
Tapp verbatim, and Tapp, not surprisingly, immediately adopted it. Staceys proposed
motive is at best, implausible, but IFPD takes the Stacey motiveas repeated by Tapp
as gospel.
Det. Stacey:
Tapp:
What?
Det. Stacey:
Tapp:
Yes sir.
Det. Stacey:
Tapp:
Its Ben.
Det. Stacey:
Tapp:
That anybody would believe that holding a girl down to facilitate her rape and/or murder
by others does not make one an accomplice to the crime strains credulity. That criminals
or detectives would consider that a logical argument is remarkable. Staceys theory and
Tapps immediate adoption of it should have sounded warning bells in the minds of the
other detectives and the prosecutor.
19
D.
INTERROGATION v. INTERVIEW
Finally, Reid & Associates are candid in describing the purpose and use of the Reid Technique,
as well as the purpose of the IFPD detectives in the Dodge murder. The goal of a Reid
interrogation is not to obtain information. The Reid Technique is not an investigative tool, it is
an interrogation tool. It is designed not to elicit information, it is designed to obtain a confession
from an individual already believed to be guilty.
This caveat is borne out in the viewing of the Tapp interrogation tapes. The interrogations of
Christopher Tapp were not conducted for the purposes of obtaining information, they were a
month-long attempt to wear down Tapp until he was willing to implicate Benjamin Hobbs,
which would require a confession by Tapp a confession which ultimately is contradicted by all
other evidence.
20
IX.
The wrongful conviction of Christopher Tapp cannot be blamed on any one circumstance, tactic
or person. However, one repeated error stands out above all the others; a mistake, which if
avoided, would likely have kept the well-intentioned investigation from losing its way: The IFPD
detectives erroneous reliance on non-existent culpable knowledge as evidence.
Culpable knowledge, as stated earlier, is that information about a crime, crime scene and
modus operandi of the killer(s), which would be known only by the killer(s) and the police. For
any information to represent legitimate culpable knowledge, it must be verifiably sequestered
from any and all persons who do not or did not have legitimate access to the crime scene. In
order for any information obtained from a suspect to be considered culpable knowledge (even
if the testimony of the suspect is accurate), the information must originate from the suspect in its
entirety, without hints, coaching or suggestions. It must also be sufficiently unique in nature that
it cannot be guessed, inferred or have been previously seen. Once information which would
otherwise prove culpable knowledge is provided to the suspect in any way or becomes public
knowledge, its value as evidence is not diminished, it is over.
That the detectives relied solely on allegedly culpable knowledge for Tapps conviction is not
in dispute. Detective Philip Grimes, as part of a 2013 IFPD Motion for Protective Order in the
Dodge case, testified:
Chris Tapp was convicted on information that he should not have known. He was
convicted because of that reason. He knew things that no one else should have known
about that murder scene. What he said and from what we saw corroborated what he
said.
Grimes assertion is correct, at least in part. Tapp was convicted on culpable knowledge alone.
And it was information he should not have known. However, in truth, the vast majority of that
information was provided to him by the detectives, including Grimes himself, and the rest was
widely known.
Further evidence of this errant reliance on a misconception comes in an episode of NBCs
Dateline documentary aired August 24, 2012, in which Lead Detective Ken Brown alleged
that Tapp knew minute details of the crime scene including:
The color of the [victims] clothes, the position of the [victims] clothes, how many times
she was stabbed
However, somewhat troublingly, Browns entire assertion is false. Tapp never knew, and never
provided any of this informationat least correctlyto detectives. He tried, but failed.
21
The reality is that at alternate times, Tapp claimed that Angies clothing was red, black,
grey and blue. He was wrong every time.
Tapp claimed that the position of Angies sweat pants were ..half-off, one leg and
gestured indicating that her pants had been completely removed from one leg while
remaining on the other. Angies sweat pants were fully on both legs and pulled down less
than 3 inches below her pubic on her left leg, and 6 inches below her pub bone on her
right leg. (See diagram, page 47)
Additionally, Tapp never knew the correct number of times Angie was stabbed. The
detectives didnt even know for sure. According to the autopsy by Dr. Gary Ellwein and
Detective Jared Fuhrimans report of same, approximately 16 knife wounds were
inflicted on Angie. Tapp, at various times, said that Angie had been stabbed one, two or
three times, her breast slashed and her throat cut. He was off by approximately a dozen
wounds. Regardless, it is somewhat disingenuous to claim that a suspect knows the
number of times a victim has been stabbed when even the coroner cannot determine that
number with any accuracy.
Finally, Brown also brought up Tapps allegation that Hobbs had punched Angie, and stated
that the autopsy found bruising where [Hobbs] hit her. To illustrate, Brown pointed to his own
left ear, indicating the location of the bruising on the victim. Bruising on the left ear would
indeed be consistent with a punch thrown by a right-handed person, as is Hobbs. However, the
autopsy clearly states that the bruise was on Angies right ear, not her left, which causes one
pause. No bruising was found on the left side of her head or her face. Additionally, not once did
Tapp assert that Angie was punched anywhere but in the face, which not only invalidates
Browns assertion, but calls Tapps stories and the Lead Detectives knowledge of the evidence
into question.
It follows that if Tapp was convicted solely on the basis of culpable knowledge information, and
it is provable that he possessed none, his conviction is baseless. It is the opinion of this
investigator that the transcripts and videotape from the interrogations prove that not a single
verifiable detail of the story obtained by IFPD detectives from Tapp was, or should have been
considered true, much less culpable knowledge.
22
X.
METHODS OF COACHING
The methods used by Fuhriman, Brown, Grimes and Stacey to elicit the correct answers from
Tapp were simple, but undeniably effective, yet the antithesis of how fact-finding interviews
should be conducted.
One obvious but effective method used by the detectives to obtain the desired response from
Tapp was asking the same question over and over again, until Tapp guessed the answer correctly.
During Tapps interrogation, the detectives communicated verbally and non-verbally to Tapp in
such a way that he knew whether his answer had been right or wrong.
When Tapp provided the wrong answer to a question, he knew it: The detectives had several
ways of signaling him. One way was simply to correct him, as during the first interrogation of
Tapp, conducted by Jared Fuhriman. In this case, Fuhriman blatantly induced Tapp to change his
story to match the detectives theory of the crime. At the time Fuhriman did that, no evidence of
any kind existed which would have linked Hobbs to the murder; however, Fuhriman was actively
manipulating Tapps story to that end. Even now, 18 years after the murder, the only evidence
ever to link Hobbs to the murder was Tapps testimony, as manipulated by the detectives.
Interrogation, January 7, 2007:
Fuhriman:
Tapp:
Fuhriman:
Wait a minute. Okay. Ang was done sometime during the night. Okay.
You woke up the next morning, right?
Tapp:
Mm-hmm (affirmative).
Fuhriman:
Tapp:
Fuhriman:
In fact Fuhriman didnt know that. Fuhriman was letting his hunch create truth. Fuhrimans
statement, Wait a minute. Okay. Ang was done sometime during the night, assumes his own
biased and unproven conclusion that Hobbs was the murderer. This was not an attempt to
ascertain the truth, this was an attempt to change Tapps testimony to match Fuhrimans own
imagined theory of the crime. That Tapp changed his testimony is undeniable.
23
Another more sophisticated method of signaling Tapp that his answer was incorrect was to
simply stare at him stone-faced without comment when he gave the wrong answer. By the
interrogation on the 17th of January, Tapp was obviously familiar with the non-verbal signals. On
that occasion, Tapp could not identify the rooms of Angies apartment (again), even when shown
a floor plan by Det. Brown. So, apparently as a memory aid, Brown asked him to think about
what type of furniture was in the room where the murder occurred (which Tapp already knew to
be the bedroom). After a long pause, Tapp answered:
Tapp:
.a sofa.?..
Tapp immediately looks at Brown. Brown stares back at Tapp without changing
expression or answering. Tapp knew he needed to keep guessing:
Tapp:
Again, Tapp pauses and stares at his interrogator. Brown continues to stare back at Tapp
expressionless and silent.
Tapp:
24
Instead, the detectives reinforced the sweats in every interrogation, frequently repeating the
canonized answer. The next day, for instance, Det. Fuhriman confirmed that Tapp had guessed
correctly when asking Tapp a question;
Fuhriman:
Another method used was to ask apparently-unrelated, off-topic questions which strongly
suggested an answer. For instance, in the middle of an interrogation, Fuhriman asked, apropos of
nothing:
Fuhriman:
Tapp:
To me, Jared, nothing really sticks out in my mind about that place.
Thats my problem, theres nothing that sticks out to me in my mind.
Obviously, this suggested to Tapp that stuffed toys were a part of the crime scene and significant.
25
XI.
For the state to prove culpable knowledge, the statements by Tapp must be corroborated. While
not every statement made by the defendant must be corroborated, even Idaho requires that some
corroboration be accomplished1. The following are examples of alleged examples of culpable
knowledge provided in various documents by the Idaho Falls Police Department and the
Bonneville County Prosecutor to justify the conviction of Tapp. Upon review, it was revealed
that none of these examples are evidence of culpable knowledge. The actual source of Tapps
knowledge is provided below each allegation.
Tapp knew the crime scene was brutal, characterizing it as sick
o The information that the crime scene was brutal was provided to Tapp by
Detective Fuhriman in his first interrogation of Tapp on January 7, 1997.
Fuhriman was the first to use the term sick to describe the crime scene, on
January 10.
Interrogation, January 10, 1997:
Fuhriman:
Fuhriman:
You told me the crime was sick. What was so sick about it?
o Tapp never used the word sick until used by Fuhriman. Sick was
Fuhrimans word, not Tapps.
Interrogation, January 18, 1997:
26
Fuhriman:
Tapp knew that Angie was on her menstrual cycle at the time of her death
o This information was provided by Detective Curtis Stacey to Tapp on
January 30, 1997.
Stacey:
Tapp:
Cuz shes, shes havin her period, right? Did you know that? Did
you see that?
I [sigh] didnt pay attention.
Interrogation, January 11, 1997 (after Tapp alleged Hobbs had gone into
Angies apartment.)
Fuhriman:
I mean, could you have gone up the stairs to get him at any time,
stop him?
A window into the extent to which Tapp was willing to help the detectives
in any way with his testimony is provided by this exchange between Det.
Brown and Tapp during the interrogation of January 15, 1997.
Brown:
Tapp:
Brown:
Okay.
Tapp:
I meanif you guys wanna put me down the stairs, hey, thats
cool, maybe I
27
Brown:
Tapp:
Brown:
Okay.
Tapp:
Brown:
Okay. Okay.
o Again, however, this information was anything but sequestered; the fact that
Angie had been killed in an upstairs apartment had been published in the
Idaho Falls Post Register the day after the murder, seven months prior to the
Tapp interviews.
A June 13, 1996 article in the Idaho Falls Post Register (Appendix A1), described
the murder as taking place, in the upstairs apartment, along with a photo of
the house and the apartment in which the murder occurred. Tapp said frequently
that he read the local paper.
Tapp knew that Angie was killed in her bedroom
o This information had been published in the Idaho Falls Post Register five
months prior to the interrogations of Tapp.
Post Register 7/12:
Her throat had been cut and the apartment showed what
might be signs of a short struggle. She was found in her
bedroom, and the police estimate she was killed between
12:45 a.m. and 7:30 am. (Appendix A3)
he displayed the floor plan, Brown told Tapp that there were two windows in
Angies apartment, then pointed them out on the floor plan. Brown then advised
Tapp which room was the bedroom by pointing out the room in which Angie was
killed. That Angie was killed in her bedroom was common knowledge in Idaho
Falls.
Tapp claimed that on the night of the murder he did not even know where Angie lived,
yet he was able to direct detectives to the apartment without assistance
o The address of Angies apartment, just blocks from Tapps apartment, was
published by the Post Register the day after the murder. A photograph of the
house accompanied the article. (Appendix A1).
o Tapp also provided a reasonable explanation of how he learned of Angies
address:
Interrogation January 15, 1997:
Tapp:
I still didnt know where she lived until after the murder. When
they said it happened, cuz I was talking to my mom on the phone
and she asked me if I knew this girl that lived on I Street that got
murdered.
o Tapp stated during the interrogation of January 7, 1997 that he had once
lived on Lake and J Street. J Street is the next block over from I
Street.
There is no evidence that Tapp knew the location of Angies apartment the night
of the murder. But when murders occur in a neighborhood, it is common for
curious neighbors to visit the address. That Tapp knew the location seven months
later should surprise no one, nor is there any reason this information should be
considered in any way culpable knowledge
Tapp knew Angie was killed at night
o Detective Fuhriman gave this fact to Tapp during the first interrogation on
January 7, 1997:
Fuhriman:
o Additionally, The Post Register also published this information six months
prior to Tapps interrogation. This was common knowledge in the
community.
29
Tapp knew that Angie was killed with a knife and her throat slashed
o The Post Register published this information six months prior to Tapps
interrogation. This was common knowledge in the community.
Post Register, 7/12/96:
At that point did she fall down? Did he keep cutting or stabbing
or what?
He kept cutting.
Okay. Were they on, on the ground then? On the floor? Did he,
did he say?
No.
o Regardless, that the victim of a fatal stabbing was found on the floor is
hardly a stunning scenario. It is the most common location for a body to be
found. It certainly is not culpable knowledge of a crime scene.
Tapp knew floor plan of the victims apartment.
o He did not. He was very obviously taught the floor plan in pained, laborious
steps by the IFPD detectives. Not once did Tapp correctly identify a room in
the house before being coached or corrected by detectives.
30
After reading the interview transcripts and viewing the tapes of the interrogations,
no reasonable person would conclude that Christopher Tapp knew anything about
the interior of Angie Dodges apartment before he was repeatedly educated by the
IFPD detectives. Over and over, Tapp was shown schematics of the apartment
layout in various and increasingly detailed forms, corrected each time he guessed
wrong. In essence, he was fed the floor plan of the apartment, room by room,
door by door.
An example of this coaching is Det. Browns instruction to Tapp on the floor plan
(using a diagram) during his interrogation on January 17, 1997, when Tapp was
actively trying to confess:
Brown:
Tapp:
Brown:
Tapp:
Brown:
lets, lets go back and try and think about the inside of the
house again. Okay? Ya know, youre picturin the house here.
Yeah.
Okay.
You, you go up the stairs.
Okay.
And I.Oh, shit. Wasnt it a door that way?
Mm-hmm. [No]
Because ya went up the stairs and there was a door right there. I
might just be thinkin about the door to somebody elses
apartment.
Oh, you may be. Yeah, youre right about goin up the stairs but
it, it turned through a hallway.
Right.
So
Go through there and then there was a door.
It was, uh, open, I mean, there wasnt a locked door or anything
else like that. Its a h-, its a hallway, ya know, you entered
through a hallway.
Then Im at the wrong apartment.
Tapp:
Brown:
Tapp:
Brown:
Tapp:
Brown:
Tapp:
Brown:
Tapp:
Brown:
Tapp:
Brown:
Tapp:
31
The next day, Det. Fuhriman coached Tapp further by showing him in which
room the murder occurred.
Tapp:
Fuhriman:
[Is] this the living room or was this, the living room?
This was, probably, the living roomOk. This is going to be the
bedroom. So how did you get back inyoure back in the
bedroomright?
[Showing Tapp a floor plan of the house] This would be the stairs
going up. So you went up these stairs.
This is her house?
This is what, her bedroom?
This is well, thats not..
This is a storage area.
Well, its a porch, it goes outside.
Tapp, though trying hard to cooperate with the police, still could not
correctly answer the questions. It is apparent that he had no independent
knowledge of the floor plan of the apartment.
Tapp knew that there were defensive wounds on Angies hands.
o Tapp was shown several photos of the crime scene and Angies body by
Detectives Brown and Fuhriman on January 17, 1997 at approximately 2:30
p.m. He stared, apparently shocked, at the photos for over three minutes. He
saw her wounds.
o Additionally, Tapp never used the term defensive wounds, he only alluded
to blood on Angies hands which were visible in the crime scene photos he
was shown. There is no indication to believe Tapp knew what a defensive
wound was.
Tapp knew what Angie was wearing when she was murdered
o It appeared from the transcript that Tapp knew this fact. But on viewing of
the interview tape, it becomes apparent that Tapp was, again, engaging in
educated guessing.
o According to a family member, Angie was known to frequently wear sweats
casually, and Tapp knew Angie. He had undoubtedly seen her before in
sweats.
o What Angie was wearing the night she was killed was far from sole-source
information. Below is a partial list of people who knew what Angie was
32
wearing the night of her death, at the time of her murder, or when friends
discovered her body:
John Cowley
Curtis Stacey
Ron Crom
Ken Brown
Jeff Pratt
Ron Hansen
Steve Roos
David Johnson
John Schinderling
Susan Williamson
Vernal Rydalch
IFPD Officer
IFPD Detective
IFPD Officer
IFPD Detective
IFPD Evidence
IFPD Evidence
IFPD
Prosecutor
Deputy Prosecutor
Pocatello Forensic Lab
Coroner
Kacie Mase
Chris Holland
Lisa Jagger
Corey Moore
Shannon Flores
Julie Cook
Tawni Howell
Friend of Angie
Friend of Angie
Friend of Angie
Friend of Angie
Friend of Angie
Co-worker (found body)
Co-worker (found body)
It is implausible to believe that information about the brutal crime scene and the
half-naked victim was kept confidential. Assuming such widely disseminated
information was culpable knowledge is to disregard reality. Long after sweats
were established Tapp could still not identify the color of the victims clothing
(light purple sweat pants and dark purple shirt).
Stacey:
Tapp:
Stacey:
Tapp:
And youre all in the same [room]did you see any stuffed
animals or anything like that?
Tapp:
33
o Tapp was then shown a photograph of the crime scene on January 17, 1997
in which the stuffed toys were obvious.
o Finally, the concept was reinforced by Detective Stacey on January 31.
Stacey:
At one point in time was one of them forcing her to give them a
hand job? Do you recall that?
No.
Do you recall any of them ejaculating on her?
No.
Okay, nowhen were in the house you said that the other guy,
um, was jerkin off on her.
o Even if Tapp had been left to guess, just about any guess he made regarding
the location would have been correct: Chest, abdomen, throat, hand, or arm.
It would have been hard for him to guess wrong.
o The information on where Angie had been stabbed was known by dozens of
persons throughout Idaho Falls by the time of Tapps interrogations.
Tapp knew Angie made gurgling noises
o That the victims throat was cut was common knowledge after that fact was
published in the Post Register soon after the killing.
o This was also suggested by Detective Brown on January 15, 1997:
Brown:
Tapp knew from movies and TV that gurgling noises occurred when
throats are cut.
Grimes:
Tapp:
Over her.
In front of Ben, or, or, or over top of her head then or?
Over the top of her head.
Grimes revisited the issue the next day with a graph to show that Tapps
story was impossible. Instead of listening and then verifying that Tapps
story fits the facts, Grimes is actually changing Tapps story to fit the facts. It
is the duty of investigators to be alert to contradictions to solve a case, not
fix a confession. Grimes actions appear to be at cross-purposes to seeking
the truth.
Grimes:
Tapp:
Grimes:
Tapp:
Grimes:
Grimes:
Tapp:
Grimes:
Tapp:
Grimes:
Tapp:
Tapp:
Like her throat area. The cut that was, that big deep one,
underneath her breast.
37
Tapp:
Brown:
Okay, you see her layin there. I want you to think of her. I know
its a vivid picture in your mind. ..you cant forget it. I want ya to
try and picture some clothing.come on, be there with me.
Sure. The only thing I saw honestly was just the blood. I didnt
care about nothing else. Just her laying there.
Just her face and her layin there?
The only way Tapp could see her face as she was layin there is if she
was lying on her back.
Therefore, of the 21 alleged culpable knowledge facts known by Tapp:
17 had been told, shown or suggested by interrogation method to Tapp.
3 of the remaining 4 alleged facts were simply not true.
7 had been published in the Idaho Falls Post Register at least six months prior to Tapps
interrogation.
4 of the facts were common knowledge to Tapp or the entire community of Idaho Falls.
Never once was Tapp the first person to mention a specific detail of the crime scene (with
the exception of commonly known or rumored details) prior to the detectives asking
about that detail specifically. (i.e.; Did you see stuffed toys in her room?)
It is the conclusion of this investigator that no evidence exists to suggest that Christopher Tapp
possessed a single detail of culpable knowledge of the crime scene or the modus operandi of
the killer of Angie Dodge.
38
XII.
TIME OF DEATH
IFPD investigative reports reveal that Christopher Tapp was with friends from at least 3:00 a.m.
until after Angies body was found on June 13, 1996.
There was no apparent effort at any time in this investigation by the medical examiner or IFPD
to attempt to determine time of death, a critical piece of information in almost every homicide
investigation. This allowed the detectives in this case to place the time of death anywhere that fit
their theories; from 12:45 a.m. until approximately 6:30 a.m. The coronerthough at the scene
of the crimeinexplicably failed to obtain the victims body temperature to assist in the
establishment of the time of death. Angies body was immediately refrigerated once at the office
of the medical examiner, destroying the possibility of determining the time of the attack.
However, in the absence of body temperature evidence, other evidence gathered by the autopsy
may be used to extrapolate the time of death within rough, but significant, parameters. Had the
detectives in this case explored this evidence, it might have assisted in correctly directing the
investigation, and pointed early on to the fact that Christopher Tapp could not have participated
in this murder, because he was in the company of friends when it likely occurred.
According to IFPD interviews, Christopher Tapp was with a roommate from at least 3:00 a.m.
until morning on June 13, 1996. However, autopsy findings strongly indicate that Angie Dodge
died no earlier than 4:00 a.m., making Tapps involvement impossible by more than one hour.
ALTERNATE MEANS OF ESTABLISHING TIME OF DEATH
According to pathologist Gary Ellwein, M.D., who conducted the autopsy on the victim, at the
time of death Angies bladder contained 300 milliliters (ml) of clear yellow urine. The
implications of this volume of urine in the bladder have a major bearing on the investigation.
At the moment of death, the kidneys cease creating urine and the bladder ceases filling. In fact,
60 ml of urine was still in Angies digestive system, and had not made it to the bladder when she
died.
300 ml of urine is a significant amount; more than 10 ounces, or near the amount of fluid in a can
of soda. According to a study reported in the International Urogynecological Journal2 in 2011,
2
39
levels of bladder sensation vary as a function of the level of urine in the bladder, with the urge to
urinate increasing with the volume of urine. The journal identified three distinct levels of urinary
urge levels, which were categorized by the studys researchers as:
1.First Sensation of Bladder Filling: This is described as ..a vague sensation, which waxes
and wanes, and can easily be ignored for a few minutes. In short, the individual has an urge to
urinate, but can wait if necessaryat least for a few minutes. In women, this level of sensation
normally occurs at an average urine volume of 107 ml. (Angies bladder held nearly three times
this amount of urine when she was attacked.)
2. First Desire to Void: This sensation is a constant sensation that would lead the patient to
void at the next convenient moment. The individual needs to urinate and would be looking for
an opportunity and a place to void. This level of sensation normally occurs at an average volume
of 188 ml and the urge to void would grow even higher with any subsequent increase in urine
volume. (Angies urine volume was 50% more than this level at the moment of attack.)
3. Strong Desire to Void: This sensation is a persistent desire to void. Felt in the
urethra. At this point, the person has an urgent need to find a restroom and is decidedly
uncomfortable. In women, this occurs at an average bladder volume of 372 ml.
At the time of death, Angie was well past the point of needing to urinate at the next convenient
moment, and would have been very close to (if not already) experiencing a persistent,
uncomfortable desire to void. With this volume, Angie would have been strongly motivated to
find and use a restroom, and would have been so motivated for more than an hour. This raises the
question of why she hadnt done so, alone in her own apartment.
The most logical, reasonable and probable explanation is that Angie was asleep as her bladder
filled. During sleep, urine production continues, but the parasympathetic nervous system
(involuntary nerve impulse) relaxes the bladder, reducing the urge to void and allowing people to
continue sleeping, even when their bladder is otherwise uncomfortably full. It is a common
human experience to go to sleep with an empty bladder and awake 2 8 hours later with a full or
overly full bladder because of this phenomenon.
EXTRAPOLATING TIME OF DEATH
James G. Wigmore is an award-winning forensic scientist who has testified in over 600 criminal
trials. His is a faculty member of the Robert F. Borkenstein Course on Alcohol and Highway
Safety at Indiana University. His particular forensic specialty is alcohol toxicology and the
effects of alcohol on highway safety. According to Mr. Wigmore, the average production of
urine in the human body is .55 ml to 1.25 ml per minute. If alcohol has been ingested, (a known
diuretic) the urine production can increase to 7 ml to 12 ml per minute. Other factors will result
40
25 42 minutes
No consumption of alcohol:
(300 ml (1.25 to .55 ml))
If one assumes that Angie felt no sensation to urinate after her friends left, then her bladder urine
volume would have been roughly 0 106 ml., below the 107 ml threshold of First Sensation
threshold. In that case, she could have had as much as 106 ml of urine in her bladder when she
went to bed, and the time to produce 194 ml in order to reach 300 ml of urine would have been:
After consumption of alcohol:
(194 ml (12 to 7 ml))
16 28 minutes
No consumption of alcohol:
(194 ml (1.25 to .55 ml))
In order to determine which scale to use, one must evaluate potential influences on urine
production. According to the autopsy, several things can be learned. First, Angie was suffering
from no illnesses or anomalies which would have had a bearing on urinary production.
Next, the toxicology report on Angie conclusively stated that she had no alcohol in her system
(0%). Toxicology results for abused drugs were also negative. Angie had to wake up for work
approximately 5 hours after her guests left, and no testimony indicates she had ingested any
type of alcohol or caffeine that evening.
According to Dr. Ellwein, Angies urine color was clear yellow, which indicates normal
hydration levels. Hypohydration (dehydration) results in very dark urine. Hyponatremia (over
hydration) results in colorless urine. Therefore, Angies urine production would have been, by all
indications normal. As a consequence, if Angie went to sleep at approximately 12:45 a.m., her
bladder contents would have reached 300 ml at the following times:
41
Earliest
4:45 a.m.
Average
7:10 a.m.
Latest
9:45 a.m.
Unless Angie had an unusually high natural production of urine (not diagnosed, noted or
suspected), the earliest time at which her bladder would have held 300 ml of urine under this
scenario is 4:45 a.m.
No urination prior to bed:
(106 ml of urine in bladder
at 12:45 am, just below
sensation to urinate)
Earliest
3:20 a.m.
Average
4:58 a.m.
Latest
6:37 a.m.
Therefore, under these circumstances, if every single factor is calculated in the way most
favorable to the police and prosecutions theory of the crime, Christopher Tapp was with friends
20 minutes before the murder occurred.
If one is to accept the most likely (average) numbers, (in favor of the police theory) then the
earliest that Angie was attacked was 3:20 a.m.. Therefore, Christopher Tapp, (and logically,
Benjamin Hobbs) had nothing to do with the murder of Angie Dodge. A 3:20 a.m. attack time
would also explain why no screams or noises were heard in the home below Angies apartment.
3:00 4:00 a.m. is a time at which most people are experiencing deep sleep and REM sleep,
both of which render the sleeper resistant to awaking due to noise. This deep sleep would also
have aided the attacker in his assault against Angie.
B.
MURDER WEAPON
During the course of the interrogations Tapp repeatedly described the murder knife as a folding
pocket knife, sometimes referred to as a jack knife. Detective Brown referred to the knife as a
folding knife. A knife of this type was even displayed to Tapp by Detective Brown; a knife
Tapp said was similar to the murder weapon. It was described by Fuhriman as having a thumbstud to assist in one-handed opening.
However, autopsy findings rule out the knife described by Tapp. All clearly-defined stab wounds
on the victim are described by Dr. Ellwein as pointed at both ends. This clearly establishes the
murder weapon as a double-edged knife; a dagger, butterfly knife or stiletto.
Pocket knives, or jack knives unfold from a single handle by a pivot at the shank end of the
blade. The blade folds 180 degrees into the handle, which protects the knife edge, and protects
the user of the knife from that edge. They are sometimes equipped with thumb-studs to assist in
one-handed opening of the knife. Double-edged knifes do not unfold from a single handle by a
42
pivot at the shank end of the blade as do jack knives. Neither are they ever equipped with
thumb-studs, because they cannot be safely folded into a handle as can regular pocket knives.
The reason is simple: The opposite, sharp edge of the blade would protrude from the handle and
be a danger to the person carrying it. Therefore, presence of a thumb-stud, as claimed by Tapp,
refers to a single-edged knife and rules it out as the murder weapon, calling more of his
confession into question. Nor were there any indications of marks, abrasions or defects noted
in autopsy caused by the thumb stud of a knife.
o According to the wounds measured by Dr. Ellwein, the blade of the knife which
killed Angie was 3 or more inches long and a inch or more wide.
o Double-edged knives of this size are manufactured in three general
configurations:
Sheathed knives (carried on the belt). These are one-piece knives are
frequently carried by hunters and are therefore common in Idaho. They are
almost always equipped with a hilt. Dr. Ellwein noted an abrasion on the
victims body during the autopsy which was indicative of the presence of a
hilt on the murder weapon. (Pocket knives as described by Tapp and
demonstrated by Brown and Fuhriman are not equipped with hilts.)
OTF (out the front) spring-loaded knives are those in which the blade,
when triggered, projects straight out from the handle like a missile leaving
a launcher. These knives are colloquially known as stilettos and are
illegal in most U.S. states.
Butterfly knives. Double-edged butterfly knives are generally illegal in the
United States. Few are double-sided because of legality, difficulty in
unfolding the knife without injury to the holder, and the inability to unfold
it one-handed without significant training.
In short, Tapps description of the knife is in opposition to objective, verified fact, and further
proof that he has no first-hand knowledge of the murder. It also raises further concern about the
IFPD detectives knowledge of the physical evidence in the case.
C.
WOUNDS:
The scenario postulated by Christopher Tapp for the murder of Angie Dodge requires a standing
physical altercation between Angie and Benjamin Hobbs during which Hobbs stabs Dodge in the
chest multiple times. In that scenario, the knife thrusts to the chest (which punctured the lungs
and resulted in substantial bleeding) would very possibly have caused blood to splatter on walls
43
or furniture, or at least drip onto the floor (carpet) either from the wounds themselves or blood
being cast off the knife as it was swung with great velocity. This would all have occurred in the
vicinity of the attack, which (judging by the final position of the body) would likely have been
approximately six feet from the wall, almost even with the foot of Angies bed.
During the altercation which Tapp describes, Angie was repeatedly forced backwards, then
lunged back toward Hobbs, even after she was stabbed. Her blood would likely have fallen to the
floor during this altercation and the odds are substantial that she would have stepped in her own
blood. These are common characteristics of this type of attack; which is why Dr. Ellwein
checked for this, and noted the result in his autopsy report.
The soles of the feet are dirty with no blood identified.
The finding of dirt on the soles also eliminates the possibility that blood was cleaned from her
feet. Certainly the autopsy result is not impossible under the scenario described by Tapp, but it is
highly improbable. Additionally, if Angie had been stabbed several times while standing up,
there would be vertical blood trails below those wounds. No such blood patterns were found on
Angies body which we know was not cleaned by the killer. This calls into question any theory
which postulates her being stabbed while she was standing.
MANIPULATION OF EVIDENCE
Finally, Tapp claims repeatedly that Benjamin Hobbs punched (cold-cocked), Angie Dodge in
the face. The punch, he claimed, was devastating. At one point, Tapp even marvels that Angie
could still stand after absorbing such a bare-knuckled blow. This violent an impact would have
undoubtedly resulted in obvious tissue damage, blood and visible evidence, possibly including
damage to the nose, eyes and/or teeth. Certainly split lips and facial wounds would be patent.
However, no such defect was found on Angies face during the autopsy, rendering Tapps story
false, and raising questions about why this stark contradiction did not concern the authorities.
According to Ken Browns post trial statements, it appears that the detectives simply assumed
(without legal justification or comment) that the facial punch described in such detail was a
punch to the side of the head, where the detectives (incorrectly) asserted that there was evidence
of damage from a punch.
The American judicial system does not allow investigators to change evidence or witness
statements to fit their theory of the crime. The testimony was a punch in the face, not the side of
the head. Ironically, Brown indicated to the media that the punch to Angies head was to the left
side of her head, where a bruise was alleged to have been found in autopsy. However, the bruise,
according to the autopsy report and detectives reports about the autopsy, was on Angies right
ear, not her left, making the punch of a right-handed person all but impossible, and indicating a
different source for the bruise.
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D.
BEDROOM VENUE
Angie Dodge had entertained several unexpected guests the night of her murder, beginning at
approximately 11:30 p.m. The visitors have told investigators that they believe Angie was in bed
when they arrived. Still, she invited them inside to socialize. These were close friends of
Angies, including three females, yet in an hour of visiting in the tiny apartment, she did not
invite any of them into her bedroom. The socializing took place in the living room, kitchen and
outside porch.
According to Tapp, however, when three unsavory, drug-addled men came to Angies door at
approximately 1:00 a.m., Angie not only invited them in, but brought them right into her
bedroom.
Tapp described their alleged appearance at Angies door at 1:00 a.m.: We looked high. I know
we looked high. Angie seemed hesitant to let them in, he said, wondering aloud, What the heck
are you doing here? Benjamin Hobbs was allegedly angry with Angie and desirous of a
confrontation. These are not the type of visitors one hopes to have at their door at 1:00 a.m. Yet
Tapps story requires the listener to believe that not only does Angie inexplicably invite the three
men in (one of whom she had never have seen before), but in stark contrast to how she
entertained several close friends an hour before, she invited the three directly into her bedroom in
which she had just been sleeping. Initially, even Tapp felt that inviting the three into her
bedroom would not be a credible story, and he claimed that the altercation happened in the living
room. It took several hours for the detectives to change the venue of the attack in Tapps story to
the bedroom.
E.
Tapps description of the sexual assault on Angie Dodge is at least as improbable as the rest of
his story.
He describes Hobbs sitting astride Angies waist, his buttocks roughly on her pelvis. Tapp says
that at that moment, the UNSUB removes Angies sweats. With Angie laying on the floor and
Hobbs on top of her sweats, the pants could not have been removed without significant
maneuvering, and damage/ripping to the sweats which would have been evident, and likely
have been remembered by anybody actually seeing it.
Tapp also says that UNSUB removed the sweat pants by pulling them down from the legs.
However, the legs of the sweats are undisturbed below the knees, and the bottom of the legs of
the sweats were bloused evenly just above the calves, as Angie might have adjusted them. Only
between the knees and the waist were the pants legs manipulated. This invalidates Tapps story.
45
Tapp alleges that Hobbs vaginally raped Angie while UNSUB held Angies feet to the floor and
Tapp held her arms down at her side. This, at the very least, would be extremely difficult if not
impossible for males of normal human size. Tapp claims that at another point, one of the
attackers was holding Angies arms at her sides while another was straddling her chest forcing
her to perform oral sex. This, too, is impossible given the layout of the room, the position of
Angies body, and the size of the average male. There is simply no way these stories can be true
given physics and the realities of human size.
Finally, Tapp alleges Angie was raped after her sweat pants were pulled down. Angies sweat
pants were not pulled down far enough for that rape to take place in any conceivable manner. At
just inches below her pelvis, this would have been nearly impossible. No mention is made by
anyone of the sweats being pulled back up to a higher position after the attack, nor would there
be any such reason.
F.
While the attack as described by Tapp is ruled out by the physical evidence, that same evidence
is consistent with a single attacker and the victim on the floor (at the location her body was
found), repeatedly stabbing her through her shirt, then moving to her right side to control and
silence her, possibly after pulling her from her bed. (Evidence in the custody of IFPD might shed
light on this phase of the crime.)
Circular smudges on the wall above and directly behind the victims head are consistent with the
position of her head and hair, if she tried to fight the assailant off, attempting to sit up, stand and
escape. The blood spatter shadow on Angies right and the positioning of her clothes are
consistent with her assailant kneeling on the victims right between the bed and her head (and
also the likely source of the bruise on her right ear). The spatter pattern strongly indicates that
Angie was found substantially in the location where she was killed. There is no indication that
the body as a whole was moved, though individual limbs were possibly manipulated.
The bloody smudge on the wall above the victims head and to the right is consistent with an
assailant on the right side of Angies head (between the bed and her head) attempting to use the
wall to assist him as he stands after killing the victim. The smear is consistent with an assailants
bloody left hand slipping as puts pressure on the wall to steady himself.
The fact that the killer exposed Angies body only on her right side after death (see Diagram 1,
below), is consistent with an individual kneeling on her right between the bed and her bodythe
one place Tapp never placed any of the assailants in his story of the attack. The right-handed
palm print on Angies torso is also consistent with a killer at her feet or on her right side, as is the
46
fact that the semen from the attacker was found on Angies thigh
and the waistband of her sweat pants.
The location of the semen on the thigh and the pants of the victim
establishes that the pants were in that position when the semen fell
on them, and the pants were not pulled up or down after that point.
The position of the sweat pants are strongly indicative that the
assailant did not engage in penile/vaginal rape (though digital
penetration is possible). In cases of p/v rape where the victim was
wearing pants of some type, they are almost always removed in
their entirety. Pulling them down to gain access to the victim
without removing the pants from at least one leg limits the
movement of the victims legs and therefore the attackers access.
Diagram 1
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G.
In the Dodge murder case, the prosecution theory of the crime depends on their construct of a
multiple-attacker murder. However, no evidence exists which would support that theory. Much
evidence exists to refute it.
The multiple attacker theory is indicative of a misunderstanding of the implications of a weapon,
the evidence at the crime scene, and a disregard of the history of attacks on women by men
armed with knives. This basic misunderstanding is revealed in a troubling statement in the
prosecutors Sentencing Memorandum dated November 3, 1998:
Page 1:
This crime, however, was never a physical fight and it is incorrect to characterize it as
such. It knife attack against an unarmed, sleeping woman.
This statement ignores a horrible, but true and universally accepted fact that every day,
somewhere in the world, women are raped and killed by lone men armed only with
knives. This painful societal reality has been part of the public consciousness since Jack
the Ripper a lone man with a knife killed anywhere from 5 to 15 streetwise women
with a knife, without ever being successfully fought off. To deny that fact is to call the
earth flat. This violence against women is a tragedy of epic proportions, but it is
undeniable. A large percentage of these victims show no defensive wounds, either
because the attacker threatened them into surrender on the promise of not killing them, or
because the attacker quickly killed them. Jack the Rippers victims never suffered
defensive wounds.
Lt. Morgan Hendricks of the Bonneville County Sheriffs Department, saw the crime
scene and had no doubt about the reality of violent crime. His report read: One person
could have controlled the victim in several ways
Angies physical size was never a factor in this crime. Had it been, the room around the
crime scene would have been a scene of chaos. Instead, almost nothing was broken,
nothing knocked over, or stepped on. The bedroom of Angie Dodge tells investigators
that no prolonged struggle occurred, much less a struggle between a six foot tall woman
and three men in a space approximately 6 feet by 10 feet (The width and length of the
sleeping area of her bedroom, subtracting furniture.) Any assertion that three men raped
and killed a woman in that room disregards physical evidence.
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The prosecutions statement is misleading and naive. It ignores the day-to-day realities of
violent crime, as well as the detectives own theory of the crime. In the IFPD detectives
version of the crime, Angie was stabbed repeatedly before Benjamin Hobbs received any
assistance from the other two men in the room. Therefore, the victim would likely have
received substantial defensive wounds and the presence of three men in the room is moot.
The statement also disregards knowledge gained from past crimes. The reason for the
lack of defensive wounds is most likely the result of the speed of the attack. The actual
fact is that in many, if not most similar attacks, there are no defensive wounds. If Angie
was fighting with three males yet still received defensive wounds, then the men would
have likely received wounds also. No blood other than Angies was found at the scene.
No wounds or scarring were ever found on Hobbs or Tapp.
Additionally, a fight with three men leaves hairs, skin cells, blood, fingerprints and other
physical evidence for three men at the crime scenenot just one.
49
50
Any sexually sadistic acts, often in the form of mutilation, are usually performed after
death.
Masturbation in the victims clothing and home has been found.
Mutilation to the breastmay also be noted on the body.
The death scene and crime scene are often the same for the disorganized offender, with
the victim being left in the position in which she was killed.
No attempt is made to conceal the body.
Fingerprints and footprints may be found.
In the chapters on sex-related homicides in Vernon Gelberths seminal Practical Homicide
Investigation, he describes the attack, and the characteristics of, a disorganized offender:
The offender acts impulsively under stress and will usually select a victim from his
geographic area. He uses a blitz style of attack, which catches the victim off guard.
This spontaneous action in which the offender suddenly acts out his fantasy does not
allow for a conscious plan or even a thought of being detected. In a homicide
investigation, we call these events a clustered crime scene.
A clustered crime scene involves a situation where most of the activities take place at one
location: the confrontation, the attack, the assault and sexual activity, etc.
The disorganized offenders practice is to depersonalize his victim by.overkill types of
wounds. Any sexually sadistic acts are performed post-mortem. Mutilation to
the.breasts of females.is performed because these parts of the body contain a strong
sexual significance for him.
There may be evidence of blood smearing on the victim as well as uncontrolled
stabbing or slashing.
Sexual acts may be performed with the body:masturbation on the victim or her
clothing. Usually there is no penis penetration of the body by this type of offender.
The disorganized offender acts alone. Random crimes mean that its opportunistic, and the
assailants dont have the time or notice to seek assistance, even if they wanted witnesses which
they dont. The crime scene at the Dodge murder could hardly be a more obvious disorganized
offender attack. Below is a comparison of the characteristics of a disorganized killer and the
circumstances of the Dodge murder:
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52
53
Christopher Tapp:
o
o
o
o
o
Neither Christopher Tapp nor Benjamin Hobbs fit the profile of a disorganized sexual killer.
However, several individuals lived in the general area of the Dodge apartment who did meet
these characteristics and whose DNA, cannot be confirmed to have been tested for a match to the
crime scene semen. At least one of these possible suspects lived close enough that he could look
into Angies bedroom window from his own.
Organized killers plan their crime out to the most minute detail, ensuring to the best of their
ability that they leave no evidence behind.
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A.
In the sentencing memo submitted by the Bonneville County District Attorneys Office, page 3,
the following statement is made in support of seeking the death penalty for Tapp:
In the bedroom Hobbs began to confront Angie and angry words were exchanged.
Hobbs struck Angie with a punch to the head area. The blow knocked Angie Backward.
Dr. Garry Ellwein testified that he found evidence of fresh bruising on Angies left ear.
This statement is not true. It contradicts known facts from the autopsy and the IFPDs interviews
with Tapp in two significant ways. First and foremost, the referenced bruise was on Angies
right ear, not her left. Never did Tapp claim that the punch by Hobbs was to the side of the head,
it was always alleged to be to the face.
B.
On page 3 of the sentencing report, the statement is made; While Angie was recovering, Hobbs
armed himself with a knife and concealed it up the sleeve of his Notre Dame sweatshirt.
However, in a report dated January 14, 1997, Det. Phil Grimes wrote that an acquaintance of
Hobbs, Jammie Brown was in possession of that sweatshirt at the time of the murder. Jammie
had been thrown into the river, and she emerged wet and cold.
When she got out, Hobbs gave her his Notre dame sweatshirt to warm up. Jammie later gave
sweatshirt to Danielle Rees. Danielle Rees returned the sweatshirt to Ben about a week later.
Two witnesses say that Ben Hobbs did not have the Notre Dame sweatshirt in his possession at
the time of the murder. The police knew that. Tapp, apparently, did not.
C.
On page 4, the statement is made, Pam Marcum testified that sperm was found on the vaginal
swabbing. However, Detective Ken Brown reported on August 8, 1996 that Principal
Criminalist Pamela Marcum of the Idaho Bureau of Forensic Services advised him that the
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Only DNA in vaginal swabs was that of the victim. Sperm contains DNA. The absence of
sperm supports the finding that an actual rape may not have happened, which is consistent with a
disorganized offender.
D.
Blood transfer on the wall above Angies head is consistent with a swipe
likely from the defensive wound in the web of Angies right hand.
This statement is in direct contradiction of forensic science. In viewing the photograph of the
blood transfer on the wall above Angies head, one is immediately faced with the problem of
blood trails traveling in a vector with a horizontal as well as a vertical component. In laymans
terms, the blood from the transfer on the wall was not flowing straight down the wall, as gravity
would require: The angle of the blood trail from the smudge is not vertical. (See photo below)
Absent other factors, blood will flow straight down a wall, influenced by gravity alone. The 10
to 20 angle off vertical indicates that the blood drops were projected - with force - in that
direction from above, rather than pooling and flowing down vertically. This is consistent with
blood being flung off an object or body part, in this case, in the direction of the floor from above
the smudge. The person who made this stain did so from above, not below. This constitutes new
evidence that rules out Angies hand as the source of the smudge, and once again, disproves the
story of Christopher Tapp.
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Human anatomy also proves that the smudge originated from a source other than Angies hand.
(See photos 2 & 3 below) The arc of the blood-swipe on the wall is in a very shallow U shape.
A person held on the ground whose hand makes a mark on the wall would do so in an inverted
U shape due to the radius of the movement of the arm at the shoulder. The U shape in blood
is completely inconsistent with Angies arm movement and completely consistent with the
murderer attempting to stand up from Angies body by bracing his hand on the wall and having it
slip due to the large amount of blood on the heel of his hand.
Photo 1 (left) is the raw photo of the blood stain on the wall.
In Photo 2, arc A shows an upward swipe consistent with a person (the killer) kneeling or
sitting on the ground, and consistent with the heel of his hand sliding in the blood as he attempts
to use the wall for leverage to stand.
Photo 2, arc B shows the anatomically-correct arc of the rotation of the arm of a person who is
laying face-up on the floor.
Finally, the distance from the top of the arc of the U shaped smudge on the wall is too high on
the wall for her hand to reach, ruling out her hand making the mark
Photo 2
Photo 3
The pressure needed to screed the blood out of the middle of the channel of the swipe is
indicative of weight behind the hand, not from a flailing arm of a victim. It also indicates the
presence of more blood than has been shown to be on the victims hand.
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E.
Sentencing Memo
Page 5:
Blood spatter evidence on the wall above Angies head reveals not only
spattering with the injuries inflicted on Angie, but also consistent with
shadowing of the blood spatters indicating the presence of someone or
something near the wall above Angies head preventing blood spatters
from extending further across the wall.
This statement is true. However, the blood spatter shadowing is on Angies right side
(photograph left below), the exact opposite side claimed and diagramed by Tapp at the urging of
the detectives.
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Grimes Drawing
F.
Heidi Lamb, Audra Owens and Travis Bell were driving around the
greenbelt that morning and came upon Hobbs at the boat dock area.
Hobbs was visibly upset and crying. When question why he was crying, he
said Angie had been killed. This occurred sometime between 10:00 a.m.
and 11:00 a.m., long before any public report of Angies death.
This would certainly be probative informationif it were true. In reality, Heidi Lamb, Audra
Owens and Travis Bell told the detectives a different story. One wonders what story the
prosecutor heard from the detectives.
Det. Grimes report of his January 9, 1997 interviews of Heidi Lamb, Audra Owens and George
Pahis [Owens boyfriend] states:
On 6/13/97 Audra woke up and George wasnt at their house. Audra left the house with
Travis Bell to find George. Audra normally woke up around 1000 or 1100. While looking
59
for George, Audra and Travis observed Ben Hobbs at the Four Bay by the river. Ben was
crying and told Audra that Angie had been killed.
Nowhere does Audra say what time they saw Hobbs, or what time they left the house. Nor does
Audra state what time she got up that day, only that she normally woke around 10:00 am or
11:00 a.m. However, even if she had awakened between 10:00 and 11:00, the prosecutors
statement assumes that she got out of bed, got dressed, used the bathroom, noticed that George
Pahis wasnt in the house [where he was expected to be], had time to become concerned, had
time to round up Heidi and Travis, go out to the car and drive to the Four Bay looking for
George within 30 minutesassuming that is the first place they drove. In essence, 10:00 am to
11:00 am time frame is not supported by any fact, and disputed by the testimony of several
others.
In an interview with Judges for Justice, Audra Owens stated that she now believes that she found
Hobbs at the river in the afternoon. Another IFPD interview contradicts the Sentencing Memo
statement:
[Travis Bell] 6/13/97 was with Audra Owens and Heidi lamb in his pickup. They
observed Ben Hobbs at the Four Bay. Audra talked with Ben. Ben told her Angie was
dead. Travis wasnt sure what Ben was wearing and he didnt know how he found out
about the death. Travis thought this occurred around 1500.
(1500 is 3:00 PM.) Heidi Lamb believed they encountered Hobbs around noon. That this
statement was apparently disregarded by the detectives is once again indicative of the type of
tactics used to convict Tapp.
G.
Much was made in this investigation of blood-defined marks on Angie Dodges left wrist. In
each case, it was alleged by the police that the restraint marks were caused by an individual
holding Angies arms down by the wrists. If this is true, one might wonder why there is not a
corresponding mark on the right wrist. Regardless, compelling evidence exists to show that this
mark was not caused by manual restraint.
IFPD detectives have said that they believe that a blood-spatter shadow on the top of the victims
left wrist was caused by Christopher Tapps left thumb as he held the victim down.
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In Special Agent Les Stimpsons Offender Profile report (Addendum XX) notes that there was
a patterned blood stain on Angies left wrist. Later in the report, he states, The impression in
the blood on the left wrist was described as a small, chain-link pattern.
The watch owned and worn by Angie Dodge on her left wrist features a case about the size of an adult
males thumb.
The watch band displays a small, chain-link pattern, identical to what was described by Detective
Stimpson in his crime scene report. This finding indicates not restraint on a bare left wrist, it very clearly
indicates that she was wearing her wrist watch at the time of the attack. However, the watch was not on
Angies wrist when her body was
found.
It would be of significant evidentiary
value to determine where the watch
was found in the murder room.
Further investigation on this aspect
of the crime scene has not been
possible due to the lack of evidence
provided to the defense.
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XV.
POLYGRAPH EXAMINATIONS
The detectives in this matter relied on polygraph results more than this investigator has seen,
using the exams as a substitute for investigation and corroboration. More significantly, however,
the record of these examinations calls the entire polygraph regimen by Detective Finn into
question.
The American Polygraph Association, in studies involving nearly 6,400 polygraph examinations,
found average test accuracy of 81% - 98% in field examinations. The scoring for polygraph
accuracy involves a scoring system wherein an exam is considered accurate if the decision of
the polygrapher (deceptive or truthful) is confirmed. It is not scored if there is no confirmation
positive or negative. It is scored inaccurate if the decision of the polygrapher is contradicted.
Decisions of inconclusive are scored the same as accurate decisions. In Det. Steven Finns
polygraphs related to the Dodge case (exclusive of those given to Christopher Tappwhich have
never been confirmed), on 20 separate charts Finn judged the examinee deceptive when they
denied involvement in the murder. None of these examinees were ever charged or are currently
not suspected of the crime. Det. Finns accuracy rate in the Dodge murder polygraphs (based on
information released by IFPD) appeared to be approximately 55%. This is far below professional
standards and calls into question every single decision in this case made by polygraph.
An example of this inaccuracy is the very first polygraph examination given by Finn on this case.
Angie Dodges former boyfriend, Christian Grebstad was interviewed on the day Dodges body
was found. Here is Detective Finns own summary of the results of the polygraph examination of
Grebstad.
On all issues tested, Christian Grebstad came out deceptive, showing strong reactions
to the issue questions and little reaction to earlier in life questions. I feel strongly that
Christian has knowledge or direct involvement with the homicide.
Steven G. Finn IFPD
6/13/96
Grebsted was cleared of involvement by the IFPD within hours of this polygraph test by a strong
alibi, and days later, the news that the DNA of the killer and Grebstad were not a match.
Obviously, however, Finns examination, as well as his conclusions, were inaccurate. In all of
the polygraph examinations by Finn, not a single individual he judged deceptive regarding
their participation in the murder of Angie Dodge was charged except Christopher Tapp.
Additionally, after one chart that Finn classified as inconclusive, he told Tapp that for once,
62
Tapp was 100% truthful. This was when Tapp implicated a suspect at the suggestion of Det.
Fuhriman. (The suspect was later determined to be unrelated to the crime).
Possible Reasons for Inaccuracy:
Polygrapher influence: Polygraphy is in many ways a subjective test. The questions, readings
and manner in which questions are posed and results read can influence those results. When a
polygrapher believes a suspect to be guilty, it is possible for the examiner (intentionally or
unintentionally) to skew the results toward deception. In the Dodge case, this is a possibility.
Statistically, before Tapp was arrested, there appeared to be an approximate 85% chance that
Finn would rate a suspect claiming innocence deceptive. In that situation, his accuracy rate was
approximately 14.3%. Conversely, after Tapp was arrested, the suspects chances of wrongly
being deemed deceptive were less than 18%. While there is insufficient evidence to assert that
this was the case here, when a polygraphers tests tend to confirm what they already believe, it is
known as confirmation bias.
In simple terms, if Finn was told or believed that the suspect was guilty, then they almost always
showed guilty in the polygraph.
Tapp underwent approximately a dozen polygraphs administered by Finn, and was judged
deceptive in nearly every exam. However, in Finns exams (at least those available in the public
domain) all noted errors were false positives, truthful examinees deemed deceptive.
Was there reason to suspect that Finn believed Tapp might be guilty of the murder prior to
administering the polygraph examination to him? Yes. This is an excerpt from Finns report of
the reason for Tapps first polygraph examination.
Sgt. Furhiman (sic) stated that Tapp was denying any involvement or knowledge of the
Dodge murder. Sgt. Furhiman (sic) stated he believed (sic) that Tapp had knowledge or was
involved in the murder.
The following are results of some of the polygraph examinations conducted by Detective Finn
during the investigation of the Dodge murder.
Christian Grebstad
o Deceptive when he denied killing Angie Dodge
Eno Jeremy Sargis
o Deceptive when he denied killing Angie Dodge
o Deceptive when he denied that Ben Hobbs admitted to the Dodge murder
Benjamin Hobbs
o Deceptive when he denied killing Angie Dodge
o Deceptive when he denied forcing Angie Dodge to have sex
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o Deceptive when he denied Sargis forced Angie to have sex (Sargis was cleared)
o Deceptive when he denied cutting Angie Dodges throat
o Deceptive when he denied Sargis cut Angies throat. (Sargis was cleared)
Thomas McCloy Brown
o Deceptive when he denied he was in Angies apartment when she was murdered
Bill Charles Ducoing
o Deceptive when he denied he was in Angies apartment when she was murdered
o Inconclusive when he denied knowing who killed Angie
Michael F. Sharer
o Deceptive when he denied he was in Angies apartment when she was murdered
o Deceptive when he denied holding Angie down while she was being killed.
Michael E. Conrad
o Inconclusive when he denied being in Angies apartment the night she was
killed.
Ultimately, the polygraph examinations of seven men indicated in some way their involvement
in the Dodge murder. In all the polygraphs administered during the case, only three examinees
were cleared of involvement in the murder.
Jason Rigoulot
Don M. Myler
Michael David Lindula
Besides possible confirmation bias, simple technical errors were made in the examinations. For
example; no compound questions should be allowed in a polygraph examination. Regardless of
the result, (truthful or deceptive) the examiner will not know what part of the compound question
to which the subject was reacting. For instance: Did you rob and kill Jane?, is a compound
question. A response judged as deceptive cannot be correlated to any specific statement. The
subject might have robbed Jane but not killed her, or killer her but not robbed her. Or both. Or
neither. It is troubling that these types of questions were used frequently in these exams.
Examples of compound and confusing questions in these examinations:
Regarding Angie Dodge did you do oral, vaginal or anal sex to her during the murder?
(Multiple questions)
Regarding Angie Dodge being killed, was Ben Hobbs, Jeremy Sargis and yourself in the
apartment? (Multiple questions)
Regarding Angie Dodge did Ben Hobbs force you to cut her across the right breast with
the knife or he said he would kill you? (Compound question)
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Regarding your semen and saliva on Angie Dodge would the DNA test show negative?
(Ambiguous, compound and confusing)
This last question was so confusing, in fact, that the subject appeared to answer it wrong
admitting that his DNA would be found at the crime scene. The answer yes would be to state
that the DNA test of the subjects semen on Angie Dodge would be negative, meaning not a
match. The subject was apparently so confused, he answered no, in essence saying that his
DNA would be a match to that found on Angie. The polygrapher did not catch this confession.
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XVI. CONCLUSIONS
In our country, the doubt persists that the zeal of the agencies of prosecution to protect the
peace, the self-interest of the accomplice, the maliciousness of an enemy or the aberration or
weakness of the accused under the strain of suspicion may tinge or warp the facts of the
confession.
--Associate Justice Stanley Reed, United States Supreme Court, 1954
The opinion of Justice Reed might as well have been written about the Tapp case. The Idaho
Falls Police Department was a zealous, but misguided seeker of the guilty, and an innocent but
coerced man was operating in his own supreme self-interest. He was further weakened under the
strain of suspicion and the threats and promises of the detectives. Indeed, then, the results, as
Justice Reed feared, were tinged and warped. For this very reason, corroboration of confessions
is required in the United States.
In the investigation of Christopher Tapp, far more facts we in conflict with the confession than
were actually corroborated. Among those things was an alleged motive for the actual crime.
In Opper v. United States, Justice Reed wrote,
In the United States, our concept of justice that finds no man guilty until proven has led
our state and federal courts generally to refuse conviction on testimony concerning
confessions of the accused not made by him at the trial of his case.
The need for corroboration extends beyond complete and conscious admission of guilt -a strict confession. Facts admitted that are immaterial as to guilt or innocence need no
discussion. But statements of the accused out of court that show essential elements of the
crime.necessary to supplement an otherwise inadequate basis for a verdict of
conviction, stand differently. Such admissions have the same possibilities for error as
confessions. They, too, must be corroborated.
There has never been a legitimate effort by IFPD to corroborate the entirety of Tapps story. Had
they tried, they would have very quickly realized that such a task is impossible. Instead, they
chose to hand-pick a handful of Tapps coached stories as corroboration, and ignore the dozens
of inconsistencies and impossibilities in his account. This is not corroboration. Corroboration
involves verifying every fact, not just selected facts. Corroborations of confessions in federal
investigations can take months or even years.
In a way, this report has been an attempt to corroborate Christopher Tapps account of the
murder of Angie Dodge. And it has proved to be an impossible task. Tapp was not the source of
culpable knowledge, he was a repeater of information. He had immense motivation to provide a
story that implicated Hobbs, and he did everything he could do to accomplish that. But he failed.
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The vast majority of Christopher Tapps account of Angies murder is simply impossible. For
every discredited and dubious piece of culpable knowledge allegedly possessed by Tapp, many
more provable lies and ludicrous stories were blindly accepted by detectives.
According to the National Registry of Exonerations, a joint project of the Michigan and
Northwestern University Law Schools, there have been 1,435 exonerations of wrongly convicted
persons since 1989. 182 of the persons exonerated had given a false confession. 313 involved
false or misleading forensic evidence, and 664 involved official misconduct. The vast majority of
those wrongful convictions were jury trials. Tapps case isnt unique. It isnt even rare. It follows
the standard pattern of wrongful convictions:
In the Tapp case, the main contributing factors were a false confession, which was obtained
because of the misconduct of the investigating officers, and misinterpretation of forensic
evidence. A case in point is a conviction that occurred in Idaho. It involved DNA evidence and
misapplication of forensic evidence:
In Nampa, Idaho in 1983, Charles Fain was charged of the rape and murder of a 9 year old girl
based on similarities of his own hair to that found on the victim, as well as a footprint near the
body which could have belonged to Fain. Additionally, he owned a car similar to one
observed near the crime scene. Prisoners he spoke with in jail testified against him because (as
they later claimed) of promises of reduced sentences and threats from police. Fain was convicted
and sentenced to death. He appealed and lost. He appealed to the Idaho Supreme Court and lost,
though the Court ordered the trial judge to resentence Fain. The judge did soagain to death. In
1991, the Idaho Supreme Court affirmed that decision.
In 1993, new lawyers appealed to the Federal District Court in Boise, and were granted a new
hearing. Mitochondrial DNA tests on the crime scene hairs, unavailable at the time of his
conviction, proved that the hairs found on the body were not Fains. In June 2001, a U.S. District
Court Judge set aside his conviction, and the prosecution did not seek a retrial. He was released
on August 23, 2001, the victim of poor interpretation of forensic evidence, false accusation and
official misconduct. There are striking similarities between the Fain case and the Tapp case.
The case of Christopher Tapp is in essence another Fain case; a future Idaho DNA exoneration,
but one that should have happened on January 17, 1997. Stronger DNA evidence than that which
cleared Fain exists in the Tapp case and has existed since before his arrest. False testimony was
obtained by the police (though from Tapp himself) at the threat of death or life in prison, versus
promises of freedom. Tapp, also, has exhausted all legal remedies in Idaho, and he too, has
recently appealed to the same U.S. District Court in Boise. As this investigator is aware,
corroboration of confessions is a strongly-held federal doctrine, and in the face of evidence
which would otherwise exonerate, one would be correct in surmising that Tapps confession
and the methods used to obtain it will be carefully scrutinized.
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It remains possible that even before the decision of the U.S. District court, the DNA of the actual
perpetrator will be matched, due to advances in databases and the collection of samples.
In the final analysis, the actions of the IFPD detectives in this matter, even if well-intentioned,
were egregious. In their zeal, they abandoned even the most basic investigative cautions and
proceeded on a course charted by their uninformed hunches, not the evidence. Their actions were
the things of which Justice Reed warned 60 years ago. In the end, the failure of this investigation
has resulted in freedom for a vicious murderer, the incarceration of an innocent man for 18 years,
and it has denied Angie Raye Dodge the justice she deserves.
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XVII. APPENDIX A
Appendix A1:
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Appendix A2:
70
Appendix A3:
71
XVIII. APPENDIX B
Appendix B1:
72
APPENDIX B2:
73
APPENDIX B3:
74
XIX. APPENDIX C
Appendix C1:
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XX.
APPENDIX D
Appendix D1: Offender Profile, Special Agent Les Stimpson, ISP
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