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Paul Kelly has been demoted to constable after a disciplinary hearing found he overlooked a body while searching the basement of a rooming house that was the scene of two homicides

Published Feb 12, 2023 5 minute read

An Edmonton police detective who failed to find a body while searching a homicide scene then tried to pin blame on other officers has narrowly avoided being fired.

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Paul Kelly, a one-time detective with the Edmonton Police Service crime scene investigation unit, has been demoted to constable after a disciplinary hearing found he overlooked the body of Blayne Burnstick while searching the basement of a notorious rooming house that was the scene of two homicides.

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More significantly, Kelly filed what the hearings presiding officer described as conspiracy-like complaints against two fellow officers who Kelly believed played a role in the investigations failings.

The disciplinary case is interwoven with three homicide trials, as well as explosive allegations brought by another former police detective who claimed senior EPS officers tried to insulate notorious landlord Abdullah Shah from prosecution.

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Burnstick was shot to death in the basement of 11119 94 St., a rooming house owned by an associate of Shah. Also known as CarmenPervez, Shah once owned a large number of rental properties in inner city Edmonton and served jail time for mortgage fraud. He was facing drug trafficking charges when he was shot todeath outside his home last March in a homicide that remains unsolved.

Burnstick, a 25-year-old from Alexander First Nation, was visiting the94 Street house onSept. 12, 2017, with two friends who intended to buy drugs from the tenant, 76-year-old Nexhmi Nuhi.

During the deal, a man allegedly burst into the suite and began beating Burnsticks friends with a pistol. The friends ran off, leaving Burnstick, Nuhi and a woman named Nicole Loewen alone with the attacker, who allegedly shot Burnstick in the head after he commented on the violence.

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The man accused of firing the shot, Edward Piche, was cleared of charges in 2021 after thetrial against him fell apart over issues with Loewens memory of the shooting.

Burnsticks friends believed they had been set up by Nuhi and plotted revenge. They returned to the rooming house the next day and shot Nuhi through the basement door with a sawed-off shotgun.Jared Bird and Cecil Tompkins later pleaded guilty to manslaughter for the killing and were sentenced tofive-and-a-halfand six years inprison, respectively.

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Kelly and his two-member CSI unit were called to the scene on Sept. 13, 2017, and spent two hours processing the basement. Despite being an experienced officer with 4,500 CSI files under his belt, Kelly failed to find Burnsticks body, which had been duct-taped and stuffed in a trash bag a few feet from where Nuhi fell. The body remained there until Sept. 18, 2017, when the landlord returned to the property.

Chief Dale McFee later charged Kelly with 14 counts of misconduct under the Police Act, including counts of neglect of duty, deceit and discreditable conduct.

During his hearing, Kelly admitted he did not follow standard procedures for the search, but rather tailored his methods based on what he was typically asked about in court. He said he had concerns about violating the terms of the warrant, as well as the privacy of the houses surviving residents.

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Kelly added the suite was filled with garbage bags and asked if he opened one, where would he stop?

Fred Kamins, the retired RCMP officer who presided over the hearing, replied, The answer to his rhetorical question to my mind would be when you were done.

After realizing he had missed Burnsticks body, Kelly tried to pin some of the blame on two members of the homicide team, who he claimed failed to pass along important information. He filed formal complaints against them in 2018.

Kamins said those complaints were unfounded and dangerously close to outright fabrication. He convicted Kelly of 10 of the 14 counts last November. Kelly has since been suspended without pay.

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Prior to the Police Act charges being laid, Kelly worked with then-detective Dan Behiels on a joint EPS/Canada Revenue Agency investigation into Shah. While Shah and several associates were identified as persons of interest, prosecutors ultimately opted not to pursue charges, leading Shahs lawyer to accuse Behiels of conducting a witch hunt.

Behiels later leaked investigative details of the aborted probe to CBC. He admitted his misconduct in a letter to McFee dated Jan. 24, 2021, claiming senior members of the EPS engaged in corrupt acts that effectively insulated Shah from investigation and prosecution.

In the same letter, Behiels speculated about the failure of the EPS/CRA investigation, claiming the process used to lay the Police Act charges against Kelly was unusual and suggesting the probe failed because the Crown did not want to proceed with charges given Kellys disciplinary issues.

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The Calgary police anti-corruption unit investigated Behiels claims and found no criminality or evidence of corruption by the EPS and its members, an EPS spokesperson said in 2021. Behiels has since been suspended.

Behiels allegations were addressed briefly during Kellys hearing, with EPS lawyer Megan Hankewich dismissing them as having no evidentiary support.

Hankewich urged Kamins to fire Kelly, arguing the deceit convictions restrict his ability to give evidence in court.

She noted a false accusation from a police officer can quickly lead to a wrongful conviction, and noted the difficulty of rehabilitating someone who knew what they were to do but chose not to do it.

Kellys lawyer, Dan Scott, argued for a significant demotion, noting Kelly has shown remorse and intends to apologize to the officers he accused. Since his transfer from CSI, Kelly has become a valued part of an investigative response team, given evidence in court and earned a commendation for his work on a complex sexual assault file, Scott said.

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Scott also submitted more than a dozen letters of support from fellow officers indicating their willingness to work with Kelly.

Kamins agreed demotion was the proper punishment, reducing Kelly from detective to constable and prohibiting him from promotion for five years. Kelly will miss out on about $100,000 in pay during that period, and more if he is not promoted.

Scott declined to comment pending discussions with his client. Edmonton Police Association president Curtis Hoople also declined comment, as did Loretta Burnstick, Blayne Burnsticks mother.

jwakefield@postmedia.com

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Excerpt from:
Edmonton police detective who missed body at double homicide scene ...

Crime Scene Investigation: 6 Strategies For Successful CSI

The investigation is an inquiry done by anyone to reveal the truth. Crime scene investigation (CSI) refers to an inquiry done by the government officers mostly police to reveal the truth and bring justice to the victim. It is done in cases of criminal activity. Police have full authority to question any person so that the truth can be verified and revealed in the court of law.

Crime, clue, and criminals all three meet at one point i.e., at a Crime scene. It is where a criminal demonstration occurs. Consequently, it contains records of past occasions and is a beginning stage for the crime scene investigation, since it will set up and demonstrate what occurred at the hour of the commission of the offence and will assist with distinguishing the criminal by the crucial confirmations found at this spot.

A crime scene investigation is a long and repetitive procedure that includes intentional documentation of the conditions at the scene and the assortment of helpful proof that might light up what occurred and point to who did it. The area of the event cant be restricted to one spot as it were. The number of crime scenes may differ as indicated by the method of crime.

There could be essential, auxiliary, and regularly tertiary crime scenes. For example, a guilty party may kidnap a person from one area (essential crime scene), transport the victim (the vehicle being an optional crime scene) to commit crime at another area, and afterwards, arrange off the body at a fourth crime scene.

During the crime scene examination (CSI), the specialist must follow key standards of examination i.e., Principle of exchange also known as Locards exchange principle. As there is no ideal crime as indicated by Locards conviction, the criminal will leave evidence of his/her presence and like savvy, he will take evidence with him and in this manner, a cross-move of evidence happens.

This can furnish a chance to interface suspect with the crime scene giving appropriate assortments and assessments are made of the scene, casualty, and suspect.

Any place he steps, whatever he contacts, whatever he leaves, even unwittingly, will fill in as a quiet observer against him. His fingerprints or his impressions, however his hair, the strands from his garments, the glass he breaks, the apparatus mark he leaves, the paint he scratches, the blood or semen he stores or gathers etc.

This is proof that remembers. It isnt confounded by the fervour existing apart from everything else. It isnt missing on the grounds that human observers are. It is real proof. Physical evidence cant be right, cant lie and cant be entirely missing. Just human inability to discover, examine and comprehend it can lessen its worth.

A few instances of exchange between Scene, Suspect, and Victim:-

Consequently, for a fruitful examination, a legitimate crime scene search is vital which exceptionally relies upon appropriate treatment of the crime scene and preparing of the evidence. The job of forensic science administrations begins at the crime scene with the recuperation of physical evidence.

It continues with its examination and the assessment of the outcomes in a lab, and the introduction of the discoveries to judges, investigators, legal advisors, etc. needing the genuine data. Therefore forensic science depends on the confirmations recovered from the crime scene.

Physical evidence comprises of any articles that can be valuable to demonstrate or refute a reality under scrutiny or to assess the example of occasions that happened at the hour of the commission of a crime or essentially saying any item that can interface a crime and its casualty or a crime and its culprit.

An agent can adequately utilize the physical confirmations that he appropriately remembers from the crime scene. As it is a pivotal connect to arrive at the lawbreaker so it assumes a basic job in effectively comprehending the case.

In this manner, the methodology of physical evidence should be objective, exhaustive, and mindful. They can recount to a genuine story of the crime scene in the event that they are appropriately overseen and analyzed cautiously. Physical clues of information at first however, unessential may get urgent to fruitful goals of the case.

Evidence can come in any structure. Some run of the mill sorts of proof that an examiner may discover at a wrongdoing scene incorporates:

It is hard to disclose the specific handling that will be utilized at each crime scene. Every crime scene is extraordinary and may require an alternate way to deal with preparing the scene. Anyway, there is a fundamental crime scene convention that ought to be clung to in all crime scenes. These essential advances or assignments are as per the following:

As said above by locards trade standard about the cross-exchange of evidence from or to the scene, casualty, and criminal. Therefore, anybody entering the crime scene can modify the evidence at the scene.

It is, subsequently, the duty of the primary official showing up on the crime scene to find a way to ensure and make sure about the quick region of the crime as well as the zone to the best degree conceivable including conceivable passage and leave focuses, so it is important to close off a region bigger than the underlying extent of the crime scene with a view that the limits can be decreased in size whenever required.

Not exclusively does making sure about the scene protect significant evidence it also helps in distinguishing proof of expected suspects/observers by dispensing with the chance of these individuals leaving/entering before authorities have the scene completely systematic. An investigator should make the accompanying strides while making sure about the wrongdoing scene:-

The reason for this progression is to make a perpetual record of the crime scene in its unique expression that will permit further to reproduce an exact perspective of the crime scene, which can help in the further examination and furthermore whenever required for introduction in official courtrooms. The recording should most ideal be like photography, sketching, and notes.

It is an ideal approach to portray the narrative of the crime scene. Crime scene photography is commonly intended to make a precise, point by point, and honest picture of the scene. Shooting can give productive data just in the event that it is done in an unaltered condition.

Along these lines, photos of each article ought to be taken from every single essential edge before contacting or moving a solitary bit of evidence except, if in any case required in the event of some harmed individual. The point is to record a limit of helpful data that will empower the watcher to get where and how the crime was submitted.

All sections and leave purposes of the crime scene must be captured to give a thought on how one can approach the crime scene. In wrongdoing scene photography there are three general positions or perspectives which are vital:-

Photo of the casualtys body position and area comparative with the whole scene should likewise be taken from different angles. Confirmations like wounds if any on the body and the weapon should be taken close range.

Photos as one strategy for recording ought to likewise be upheld by appropriate sketching of the scene. The objective is to show the general design of the crime scene or to recognize the specific situation of the expired casualty or evidence inside the crime scene.

In this way, a sketch of the wrongdoing scene demonstrating the detail of terrifically significant confirmations with separation and area corresponding to each other can be a decent type of record.

It might demonstrate precision like tallness of the door jamb, good ways from the window to the entryway, separation of the weapon from casualty, and so on. Certain significant focuses to be thought of while making a sketch are:-

They incorporate a detailed portrayal of the scene. Notes should cover the accompanying parts of the wrongdoing scene:

Crime scene examination incorporates taking observer articulations to prove with physical evidence gathered at the crime scene. A specialist should search for a conceivable observer that would help and give more insights to the crime. They ought to be approached to review everything saw during the occurrence and furthermore for the ID of criminal.

Crime scene search is made to distinguish and make sure about the confirmations and furthermore to have some vision about the occasions that happened. Recuperating physical evidence during examination is one the most significant viewpoint so for this, an orderly hunt is profoundly imperative to guarantee that nothing of physical evidence is left.

The decision to search techniques utilized will rely upon the kind of the crime, its area and size, and the number of people present. Most ordinarily utilized pursuit strategies are line or strip, lattice, winding, zone, and wheel techniques.

Line:- Usually used to cover enormous open zones. Searches line up equal normally an arm good ways from one another and continue their hunt along the tracks equal from one side of the scene.

Grid:- Variation of a strip search strategy yet additionally done in inverse ways. It is viable however tedious.

Zone:- Crime scene is isolated into little square zones or zones and each zone is inspected completely.

Spiral:- The inquiry may begin at some external point and move along the way of the winding until they arrive at the focal point of the crime scene.

Wheel:- Scene is set apart as a circle and the inquiry begins from the middle and continues along the radii of the circle.

This is one of the important strides in Crime scene investigation because every physical evidence seen at a crime scene needs to be dealt with by collecting and pacing it cautiously because any change in the evidence could mislead in the investigation.

Henceforth it would be productive if the philosophy for the assortment and pressing of the physical proof is with the end goal that its trustworthiness is kept up so evidence gathered are additionally held in its unique condition.

Every physical evidence collected must be kept intact and named so that no evidence is lost.The distance between the evidence must be maintained to avoid contamination with date, time, area, item, case number printed on it.Sealing is done by the examiner.

Some usually encountered evidence is collected and packed in the following manners:-

After collecting the evidence ought to be appropriately fixed by the examiner and an example of seal impression be additionally sent alongside the displays to the lab by an approved errand person. It ought to be joined by an approved letter of the court mentioning the research facility for the assessment of the shows. Control tests ought to likewise be sent alongside the displays.

The coherence of ownership or chain of guardianship must be set up at whatever point proof is introduced in court. The court will require confirmation that proof gathered during an examination and the proof at last submitted to the court is indeed the very same.

To demonstrate that the uprightness of the physical evidence has been kept up, a chain of custody must be kept up. This chain shows that who had contact with the evidence, at what time, and under what conditions.

Accordingly, the following kinds of data are expected to build up the chain of custody:-

This data serves to demonstrate the chain of guardianship to the court and helps with conceding the things into evidence.

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Crime Scene Investigation: 6 Strategies For Successful CSI

The popularity of television crime dramas has made CSI, or crime scene investigation, a household term. Crime scene investigation involves collecting, preserving, and analyzing evidence and other data found at crime scenes. Forensics experts who participate in these processes play vital roles in the legal system.

The term 'crime scene investigation' has become largely recognizable, thanks to pop culture and television media. Crime scene investigation often referred to as CSI, involves collecting, preserving, documenting, and analyzing evidence found at crime scenes. Forensics, the application of science in the legal realm, plays a big role in crime scene investigation and a number of forensic professionals are involved in the process.

While the TV drama version of crime scene investigation involves expensive, high-end equipment, real-life investigators generally work with limited budgets and must rely on their creativity to get the job done. On-screen depictions of crime scene investigation also occasionally skew the reality of working in the field by misrepresenting the career profiles of real-life professionals.

Source: U.S. Bureau of Labor Statistics

Forensics experts are responsible for two main tasks: retrieving and processing evidence found at crime scenes and acting as expert witnesses. The first of these tasks involves studying physical evidence, analyzing clues recovered from crime scenes, and drawing conclusions based on evidence and one's expertise. The second part of a forensic expert's job requires communicating his or her complex findings to judges and juries in understandable terms.

According to the Bureau of Labor Statistics (BLS, http://www.bls.gov), the employment of forensic science technicians was expected to increase by 11% from 2021-2031, which is significantly faster than average.

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What is Crime Scene Investigation? - Learn.org

A 27-year-old man was killed in a double shooting Friday morning in Seattles Yesler Terrace neighborhood.

SEATTLE One person was killed and another injured in a shooting in Seattles Yesler Terrace neighborhood Friday morning.

According to Seattle Police Department (SPD) Detective Valerie Carson, multiple people called 911 around 4:30 a.m. to report hearing shots being fired near the 1100 block of East Fir Street, which is north of Yesler Way and east of Interstate 5.

When officers arrived, they found a 27-year-old man and a 52-year-old man who had been shot. Carson said the 27-year-old was pronounced dead at the scene by Seattle Fire Department medics.

The 52-year-old man was taken to Harborview Medical Center with a non-life-threatening injury.

A stolen tow truck was also recovered at the scene of the shooting. Investigators are working to determine if the stolen tow truck was involved in the shooting.

Carson said shell casings were recovered from the scene, but no firearms were recovered.

No suspect information has been released at this time.

Homicide detectives and members of SPDs Crime Scene Investigation Unit responded to the scene and are investigating.

Anyone with information is asked to call the SPD Violent Crimes Tip Line at (206) 233-5000.

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1 killed, another injured in Seattle shooting - KING5.com

The North Oak Cliff Librarys Day of the Dead art contest is open through 6 p.m. Oct. 29.

The contest is open to students in kindergarten-12th grade who live in Oak Cliff or attend school here. Artwork can be in any two-dimensional medium, including crayons or collage. Find links to the flyer and PDF entry form at the bottom of this page.

Here are more activities and events coming up at the library, for kids:

Crime Scene Investigation: Deadly DisinformationSaturday, Oct. 15, 11 a.m.-1 p.m.Have you wondered what it would be like to work a crime scene and solve a mystery? Nows your chance! Learn how to process evidence from a mock crime scene and work in teams to solve whodunit! Registration required.

Movie: Black PantherSaturday, Oct. 15, 3-6 p.m.In preparation for the new movie, Black Panther: Wakanda Forever, we will be showing the prequel movie Black Panther.

Food, family and the stories we shareWednesday, Oct. 19, 5:30 p.m.-6:30 p.m.Come and learn how cultural foods tell the story of our families and how to pass on family traditions and history to the next generation. Presented by Yvette Blair-Lavallais, sponsored by Texas Folk Life.

And here are some events for adults:

Estate planning: attorney Virginia HammerleSaturday, Oct. 22, 11 a.m.-noonIt is never too early to plan for the future of your assets. However, the seemingly unending amount of paperwork and legalese can feel very daunting. Where do we begin? Local estate planning attorney Virginia Hammerle is here to help.

Beyond words with the DMAOct. 22, 2-3 p.m.Find your artistic voice by joining educators and artists from the Dallas Museum of Art to explore techniques, be inspired by amazing works of art and artists, and to level up your skills to expand your creativity toolkit!

Sew and tellSaturday, Oct. 29, 1-2 p.m.Calling all sewers, knitters, quilters, and embroiders! Come with your latest project as we share tips and ideas. Kits provided by the Friends of the Dallas Public Library are limited to the first 15 people.

Dead Oct 2022

DOD 2022 Form

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Day of the Dead art contest and October events at the North Oak Cliff Library - Oak Cliff - Oak Cliff Advocate