BY ROBERT SBERNA

Many of us were fortunate to have a respected teach-

er or family member influence our career paths. Douglas

Rohde, the Supervisor of Chemistry and Toxicology at

the Lake County Crime Laboratory, had the benefit of

three strong influences.

As a student at McDowell High School in Erie, Penn-

sylvania, Rohde says he had three motivators for his ca-

reer in forensic science. “The first was my chemistry

teacher, Mr. Richard Moore,” he says. “He made chemis-

try fun, and it was in his class during the late seventies

when I first used an electronic calculator instead of a

slide rule.”

The second influential person in Rohde’s life was his

aunt, Paulina Wagar, who lived in Avon, Ohio and

worked as a nurse at Bay View Hospital with Dr. Sam

Sheppard. Rohde says his aunt would often talk about

Sheppard, a reputed womanizer who was convicted of

killing his wife in 1954, but later acquitted. The Shep-

pard case was among the most sensational in U.S. histo-

ry and served as the (CONTINUED ON PAGE 3)

Doug Rohde’s OVI: Objective, Vocal & Influential

BY ROBERT SBERNA

On Sept. 10, 1995, business was brisk at Pickle Bill’s,

a popular seafood restaurant in Grand River. At 11 p.m.,

Donald, a part-owner of the restaurant, prepared the

day’s receipts—about $22,000—for deposit at a bank in

Mentor.

The money was placed in two satchels and loaded into

the rear of Donald’s van, which had been parked behind

the restaurant. Donald, 65, then settled himself into the

driver’s seat and began the 10-minute trip along Heisley

Road to the bank. Suddenly, he felt the sharp edge of a

knife pressed against his neck. A man emerged from his

hiding place in the back seat of the van and screamed at

Donald to turn at the next intersection.

(CONTINUED ON PAGE 5)

In a Pickle: Caught Red-Handed

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PAGE 1

THE

CRIMESCENE NEWSLETTE R OF THE LAKE COUNTY C RIME LABORATO RY

Douglas Rohde, M.S.

PAGE 2

Frequently Asked Questions

Q: I have been told that you should submit cell

phones to the crime lab with the battery removed, but

some cell phones do not have removable batteries.

What is the correct way of submitting cell phones?

Also what are the new search warrant requirements

as related to cell phones that I have heard about?

A: The best practice to use, for most cases, would be

to remove the battery from the mobile device immedi-

ately upon collection. In the event that the battery can-

not be removed (as with iPhones) turn off the mobile

device as soon as possible.

There are a couple of reasons for this procedure. Re-

moving the battery prevents the submitted device from

accidently being powered up and data being changed

after the date of collection.

The other reason is to prevent remote destruction of

the data stored on the phone. A remote “kill” command

can be sent to most smart phones. A “kill” command

will disable or wipe the phone before it can be shut

down or placed in “Airplane” mode. Once a device is

remotely disabled or wiped, no data recovery is possi-

ble.

At the Lake County Crime Laboratory, all mobile

devices are first examined in a Faraday box. The spe-

cialized material used in the construction of the Fara-

day box isolates the cell phone from radio frequency

signals when the Faraday box is closed. A Faraday box

prevents the cell phone from connecting with the cellu-

lar network and receiving extraneous data or a “kill”

command.

To answer the second part of your question, in a

recent landmark decision regarding searches of cell

phones, the U.S. Supreme Court held in Riley v. Cali-

fornia, 134 S.Ct 2473, dated June 25, 2014, that cell

phones are no longer to be considered like wallets that

may be searched incident to arrest or with any other

field stop. A search warrant or consent to search the

phone must be obtained prior to conducting a search.

Due to the nature and volume of sensitive infor-

mation stored in a smart phone or even a simple flip

phone, the U.S. Supreme Court unanimously agreed

that the privacy of the phone’s owner outweighed the

needs of law enforcement.

The U.S. Supreme Court suggested that the “exigent

circumstances” exception to the warrant requirement

may apply. The Court listed examples of exigent cir-

cumstances: to pursue a fleeing suspect, to assist per-

sons who are seriously injured or are threatened with

immediate injury, discovery of some immediately dan-

gerous instrumentality such as explosives, or a child

abductor who may have information about the child’s

location on his/her phone. These examples are not ex-

haustive but demonstrate that it is the urgency of the

situation, requiring immediate action, that may justify

the exception. Search warrant requirements are always

fact specific. If there is any doubt, it is better to obtain a

search warrant.

The Lake County Crime Laboratory’s standard oper-

ating procedure requires a search warrant or signed

consent form before any digital evidence examination

can begin.

For questions, please contact Jamie Walsh, Digital

Evidence Examiner, at (440) 350-2793 or

jwalsh@lakecountyohio.gov.

ANSWERED BY JAMIE WALSH EXPERT IN DIGITAL EVIDENCE

This Column

Answers

Questions

Commonly

Asked of our

Scientists

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A cell phone being isolated inside the Faraday box.

PAGE 3

Doug Rohde’s OVI: Objective, Vocal & Influential

Continued from Page 1

HIGHLIGHTS

Board Certified - American

Board of Criminalistics

and the American Society

for Clinical Pathology

Academic Appointments -

Cleveland State, John Car-

roll and Ohio Northern

Universities

Delegate - National Safety

Council Committee on

Alcohol and Other Drugs

Scientific Advisor - Ohio

Governor’s Task Force on

Impaired Driving

Manuscript Reviewer -

Journal of Analytical Toxi-

cology

Contact Info:

(440) 350-2793

drohde@lakecountyohio.gov

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inspiration for “The Fugitive” TV series

and movie.

Rohde’s third influence was “Quincy,

M.E.,” a TV series in which Jack Klug-

man played a medical examiner who

solved crimes with the help of his lab

assistant, Sam. The series ran from

1976-1983 and was the first show to

make forensic science and laboratory

work seem exciting.

With his interest in chemistry in-

spired by his teacher, and his interest in

forensic science fueled by Quincy and his

aunt’s memories of the notorious Shep-

pard, it’s no surprise that Rohde is a

member of the Crime Laboratory’s team.

Rohde joined the Laboratory in 2000

as a forensic chemist/toxicologist. He

began his career 17 years earlier as a

medical laboratory technician at an Erie

hospital.

At that time, Rohde had hoped to find

work in the forensic science field. “But

forensic jobs were scarce in Erie,” he

says. “The only way I could get my foot

in the door was by taking a job as a lab

technician in a medical setting. The la-

boratory I worked at ran tests not only

for hospital patients, but also for the

Erie County Coroner, so I was able to

gain experience performing blood alcohol

concentrations and toxicology screens.”

While working second-shift at the

Erie laboratory, Rohde earned his bache-

lor’s degree in chemistry at Gannon Uni-

versity. After graduation, Rohde relocat-

ed to Cleveland to improve his chances

of getting a forensic science job and to

pursue a master’s degree in clinical

chemistry at Cleveland State Universi-

ty. In Cleveland, Rohde attended classes

in the evening while working days as a

medical and research technologist at the

Cleveland Clinic.

In 2010, Rohde was appointed to his

current position as Supervisor of Chem-

istry and Toxicology. His many responsi-

bilities include overseeing the testing of

suspected drugs that have been submit-

ted as evidence to the laboratory.

“Basically, when we’re examining

evidence, we’re trying to identify any of

the ‘four Ps’ that may be involved, which

are pills, powders, plants (such as mari-

huana), and paraphernalia,” he ex-

plains.

Rohde also supervises the Crime La-

boratory’s toxicology section, in which

tests are performed on body fluids and

tissue samples to identify drugs or

chemicals that may be present.

He notes that the Lake County Crime

Laboratory offers advantages over other

laboratories because of the broad scope

of its chemical testing. “For example, we

do poison analyses, which many labora-

tories do not perform,” he says. “At the

Crime Laboratory, I wear two hats. Not

only am I a chemist, but also a toxicolo-

gist, with a background in both clinical

and forensic toxicology.”

(CONTINUED ON PAGE 4)

Doug Rohde’s OVI: Objective, Vocal & Influential Continued from Page 3

PAGE 4

Along with his analytical duties, Rohde is also

responsible for ensuring correct procedures are fol-

lowed in his section. “I make sure that the science is

valid and that quality control is continually moni-

tored and improved,” he says.

Quality control is a vital element of laboratory

accreditation. Rohde says the Lake County Crime

Laboratory’s accrediting body, the American Society

of Crime Laboratory Directors/Laboratory Accredita-

tion Board (ASCLD/LAB), has recently made signifi-

cant changes in their guidelines for drug chemistry

and toxicology.

“An important part of my job is keeping up with

changes in the ASCLD/LAB standards document

that affect my section,” he explains. “I have to make

sure that what we do is in line with their guidelines.”

When Rohde is asked to name the favorite aspect

of his job and the most challenging aspect, he says,

“Testifying in court is both my favorite and most

challenging. It’s enjoyable because I view a jury like

a classroom of students. I want to leave them with a

little more knowledge of chemistry or toxicology than

they came in with. When I’m able to convey the com-

plexity of the science to a jury in a way that’s under-

standable to them, I get a lot of satisfaction from

that.”

The challenge of testifying occurs, he says, when he

faces lengthy cross-examination by attorneys who are

intent on discrediting his testimony. Rohde is often “lent

out” by the Crime Laboratory to other prosecutor’s offic-

es throughout the state to provide opinions and testify

as an expert witness in vehicular homicide cases involv-

ing alcohol and/or drugs.

“Those are always impactful cases because there are

two very emotional families in the courtroom - the fami-

ly of the victim and the family of the driver,” he says.

“To make it even more complicated, sometimes I’ll offer

an opinion on a person’s impairment without any toxi-

cology findings. I then have to rely on police reports,

witness statements and human physiology to construct

an expert opinion. In those situations, I know I’m going

to get hit hard by the attorneys, much like a quarter-

back with a weak front line.”

While he is generally successful in maintaining his

courtroom composure, Rohde admits his temper occa-

sionally surfaces. “If attorneys question my results or

opinions, that’s fair,” he says. “But when they question

my integrity, I get irritated. I have pride in the Lake

County Crime Laboratory and in what I do. Reputation

and legacy are important to me.”

Rohde is a sought-after lecturer and consultant in

forensic science. He also serves as an adjunct professor

at three universities in Ohio. He says he is not only pas-

sionate about his career in forensic science, but also as

an advocate for the profession.

“A number of people helped me and advised me in my

career when I was younger, so now I enjoy helping

young people who are considering forensic science as

their career,” he says. “Unfortunately, TV shows such as

“CSI” portray this field as sexy and glamorous, which

gives kids false expectations about the job. Often they

don’t realize that they will need a strong foundation in

chemistry or biology. I tell students that if they aren’t

taking science courses in college, they won’t be able to

secure a job in this field. Many are surprised by this

fact.”

Rohde and his wife live in Concord Township. They

have four adult children and three grandchildren and

enjoy being empty nesters.

He considers himself fortunate to work at the Lake

County Crime Laboratory in his current position. “It’s

my dream job,” says Rohde. “This is the pinnacle of my

career. It’s what I want to do until I retire.”

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Rohde testifying in Seneca County in State v. Waldock.

Photo courtesy of The Advertiser-Tribune

As the vehicle turned right onto Blackbrook Road,

the man drew closer to Donald, his beard bristling

against the back of Donald’s neck. He reached into

Donald’s pocket and removed $1300 of his personal

money. He then ordered Donald to drive to the end of

Blackbrook, a dead-end road. Afraid that he would be

killed in the secluded area, Donald made a split-second

decision to escape. He pushed the knife away from his

neck, opened the driver’s door and lunged out of the

van. During his struggle to get away, Donald incurred

several knife cuts on his neck and hands.

The robber then jumped into the driver’s seat and

drove away, nearly running over Donald, who was lying

in the road. He drove to Heisley Road, where he aban-

doned the van. The robber fled with the Pickle Bill’s

money, but left behind critical evidence. He had cut

himself while grappling with Donald. A tiny amount of

his blood had dripped onto the van’s seats.

The next day, Mentor police processed the van for

evidence, using a swab dipped in water to collect the

dried blood. They also collected hair, fibers, finger-

prints, and a cigarette butt from the rear ashtray of the

van. The evidence was sent to the Lake County Crime

Laboratory, along with hair and saliva samples from

Donald and several other Pickle Bill’s employees who

had access to the van.

At the time, police were unsure whether the blood

evidence came from the employees, Donald, or the rob-

ber. Since Donald was unable to provide police with a

good description of his assailant, investigators hoped

that the Crime Laboratory’s DNA analysis could pro-

vide the help they needed to identify the suspect.

At the laboratory, serologist Linda Erdei (now the

director of the Crime Laboratory) was up to the chal-

lenge of developing a DNA profile from the minute

blood sample. Just two years earlier, Erdei had spear-

headed the establishment of the Lake County Crime

Laboratory’s DNA unit. In 1995, the Crime Laboratory

was one of the first laboratories in Ohio to offer DNA

testing—a giant leap forward from conventional sero-

logic analysis, which could only detect the blood type of

a person.

Erdei’s first task was confirming that the blood col-

lected by Mentor police was, in fact, human blood. She

then performed polymerase chain reaction (PCR) analy-

sis on a segment of DNA from the blood droplet, repli-

cating it millions of times into a quantity large enough

to determine a DNA fingerprint.

On Sept. 13, 1995, only two days after receiving the

evidence, Erdei called Mentor police with her results.

The DNA extracted from the blood was a match for

Donald, however, there was a second unidentified DNA

profile. Erdei also analyzed DNA from the standards

collected from the other Pickle Bill’s employees. Their

DNA did not match the blood found in the van.

Police now had DNA from a possible suspect, but

without a match, the investigation was at a standstill.

Two months later, however, police had the break

they needed. An informant tipped off detectives that

Painesville resident Michael A. Nelson had admitted to

a mutual friend that he committed the Pickle Bill’s rob-

bery.

Detectives interviewed the mutual friend, who was

Nelson’s ex-girlfriend. She said Nelson told her that he

“hid in the Pickle Bill’s van and robbed an old guy of

$20,000.” She added that Nelson said he lost half of the

money while running through the woods after he aban-

doned the van. The woman also gave detectives the

eight-inch-long stiletto knife that Nelson had allegedly

used in the robbery.

In the early afternoon of Nov. 29, 1995, Mentor po-

lice detectives Thomas Walsh and Daniel Llewellyn

arrested Nelson, 32, at the machine shop where he

worked. Nelson initially denied any involvement in the

robbery, but when he was informed that blood had been

found in the van and had been sent for processing, he

admitted to the crime. (CONTINUED ON PAGE 6)

In a Pickle: Caught Red-Handed Continued from Page 1

PAGE 5

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Pickle Bill’s as it appears today.

PAGE 6

Nelson told Walsh and Llewellyn that he had

watched the restaurant for about four years and knew

that Donald drove a van and had a lot of money. He

said he entered Donald’s van and fell asleep in the rear

seat, awakening when Donald opened the rear door and

threw the bags of money inside. Claiming that he took

only about $6,800 from the van, Nelson said he spent

the money on a three-day crack cocaine binge.

Although Nelson told detectives, “You won't find my

blood in the van because I didn't get cut,” he agreed to

provide hair and saliva samples for testing. On Dec. 1,

1995, Erdei notified Mentor police that Nelson’s DNA

was a match for the blood evidence collected from Don-

ald’s van.

Despite his verbal confession to police, Nelson plead-

ed not guilty to charges of felonious assault, aggravated

robbery and kidnapping. In April 1997, after a jury tri-

al, he was found guilty and sentenced to 12 to 25 years

in prison.

In reflecting on this case, Chief Assistant Prosecut-

ing Attorney Karen Kowall had the following to say, “In

looking back at this case, the science stands out as a

critical piece that helped secure this conviction. The

Defendant had confessed to then Detective Daniel

Llewellyn, but claimed that his rights had been violat-

ed. A confession is always subject to attack by defense

counsel, and later the Court of Appeals, but the science

is rock-solid and heavily tipped the scale towards a

guilty verdict.”

Erdei credits the Crime Laboratory’s DNA Analysis

unit and the Mentor police for their roles in identifying

Nelson and bringing him to justice.

“The key to solving this crime was the fact that the

Mentor Police Department properly collected and pre-

served blood samples from the crime scene and submit-

ted them to the Lake County Crime Laboratory,” Erdei

says. “We were then able to utilize PCR DNA technolo-

gy, which was the most advanced technology at that

time, to differentiate whose blood was in the van. Our

DNA analysis put Michael Nelson in the vehicle.”

The Nelson case, says Erdei, is a great example of

how state-of-the-art technology can help solve crimes.

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In a Pickle: Caught Red-Handed Continued from Page 5

After being

found guilty of

Aggravated Rob-

bery, Kidnap-

ping, and Feloni-

ous Assault, Nel-

son was sen-

tenced to serve

a prison term of

12 to 25 years.

Pictured left is Donald’s van. Pictured above is the front driv-

er’s seat of the van where blood droplets were observed and

subsequently analyzed by the Crime Laboratory.

PAGE 7

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Service, Integrity and Truth:

The Evolution of the Lake County Crime Laboratory Part One of Three Parts

BY ROBERT SBERNA

For 41 years, local law enforcement agencies have

relied on the Lake County Crime Laboratory for crucial

assistance in fighting crime.

From its beginnings as a one-person laboratory that

processed drug cases, the Crime Laboratory has grown

to 13 scientists and three support staff and is accredited

in eight forensic disciplines. Each year, the Laboratory

processes more than 2,200 new cases.

The history of the Lake County Crime Laboratory

began in 1973 when Judge Paul Mitrovich—then the

Lake County Prosecuting Attorney—saw the necessity

for a local laboratory to take in and process evidence. At

the time, Lake County’s police departments were trans-

porting their evidence to the Ohio Bureau of Criminal

Investigations (BCI) laboratory in London, about 25

miles southwest of Columbus.

“That meant that two police officers had to spend a

day driving their evidence to London. Then go back

again to retrieve it,” said Mitrovich.

In addition to the geographical inconvenience of the

BCI laboratory, there was never an assurance that an

expert from BCI would be available to drive 200 miles to

Lake County to testify if a case went to trial.

Although there was a pressing need for a local labor-

atory, Mitrovich said the area’s police chiefs were ini-

tially opposed to the establishment of a crime laboratory

in Lake County.

Mitrovich, however, pushed forward and established

the Laboratory on June 18, 1973 with the assistance of

a federal grant. In its first year, the Laboratory’s sole

employee was Dr. Ahmed Sharif, who performed tests

on controlled substances. The entire Laboratory then

consisted of a single room in the basement of Lakeland

Community College. A year later, new Laboratory direc-

tor Dr. Philip Bouffard oversaw the migration of the

Crime Laboratory to the upstairs of the building that

now houses the Lake County Building Department.

This relocation provided more space for equipment and

personnel, which enabled the Laboratory to add new

technology and increase its services.

Dr. Bouffard, for his part, was nationally known for

his work in forensic document examination, including

the use of the Haas Typewriter Atlas, which was used to

identify the make and model of a typewriter that pro-

duced a typed document, such as a blackmail note or a

threatening letter. Since the Atlas was cumbersome to

operate, Dr. Bouffard took the innovative step of hiring

a computer programmer to produce a digital version of

the Atlas that is still used today by forensic experts who

examine questioned documents.

From its earliest years, the Lake County Crime La-

boratory has committed itself to adapting its focus and

implementing new technologies to keep pace with the

changing nature of crimes, a practice that pleases Mi-

trovich, who served as a Lake County Common Pleas

Court judge from 1979-2008.

“As soon as something new in technology comes up, I

wanted them to be involved with that, and they have

been,” he said.

(CONTINUED IN THE NEXT EDITION)

Then Prosecuting Attorney Paul H. Mitrovich standing next

to the first mobile crime scene vehicle circa 1974.

Then Prosecutor Mitrovich and former Lab Director

Dr. Bouffard showcasing equipment in the first Crime

Laboratory at Lakeland Community College.

PAGE 8

LAKE COUNTY CRIME LABORATORY 235 Fairgrounds Road • Painesville, OH 44077

(440) 350-2793 • fax (440) 350-2731

An ASCLD/LAB-International Accredited Laboratory since 2009

An ASCLD/LAB-Legacy Accredited Laboratory 2000-2009

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Lake County Crime Laboratory

Earns Prestigious Reaccreditation

Lake County Prosecuting Attorney Charles E. Coul-

son announced that the Lake County Crime Laboratory

has received international reaccreditation from the

American Society of Crime Laboratory Directors/

Laboratory Accreditation Board (ASCLD/LAB).

The recent reaccreditation by the ASCLD/LAB-

International, the world’s largest forensic science accred-

iting organization, demonstrates that the Crime Labora-

tory meets or exceeds the standards of excellence estab-

lished by the international scientific community.

To earn reaccreditation, the Laboratory underwent a

rigorous evaluation of its management system, technical

procedures, personnel qualifications, and quality assur-

ance program. The evaluation included an onsite assess-

ment of the eight forensic disciplines performed by the

Laboratory: Drug Chemistry, Toxicology, Trace Evi-

dence, Biology (DNA), Firearms/Toolmarks, Latent

Prints, Crime Scene Analysis, and Digital/Multimedia

Evidence.

The Laboratory was first accredited by the ASCLD/

LAB in 2000. In 2009, the Laboratory achieved ASCLD/

LAB-International accreditation, the most stringent des-

ignation for crime labs worldwide. In order to keeps its

accreditation, the Crime Laboratory must be rigorously

inspected and reaccredited every five years. This inter-

national accreditation is a seal of approval for the Labor-

atory that strengthens its credibility in that the evi-

dence presented in criminal proceedings has been ana-

lyzed under the most exacting scientific principles.

Coulson said the successful completion of the reac-

creditation process is a testament to the exceptional

work of the Laboratory scientists and staff.

“We’re proud that we’ve received international reac-

creditation in all of the disciplines that we perform,” said

Coulson. “We look forward to continuing to provide the

highest quality of service and results in an expedient

manner that enables law enforcement agencies to solve

crimes.”

The CRIMESCENE

A quarterly publication of the Office of the Lake County Prosecuting

Attorney, www.LakeCountyProsecutor.org. For questions, comments,

or to receive an electronic copy of this newsletter, please contact us

at:

(440) 350-2793

or

CrimeLabNews@lakecountyohio.gov

© 2014