Forensic science encompasses the extensive evaluation and analysis of evidence so as to solve cases that may seem uncertain. Digital forensics, a branch of forensic science, delves deeper into the collection, recovery and decryption of data found in digital devices. From the time they were invented, computers have been used both directly and indirectly to commit crimes. Other than just gathering direct evidence, digital forensics provides a forum for confirming statements, alibis, and movement of suspects. Thereby, digital forensics is not only useful in solving cybercrimes but serves as a valuable asset in solving both criminal and civil cases. In the recent past, some great mysteries have been solved by the intervention of digital forensics. Such a case is evaluated in this paper aims so as to realize the extent to which computer forensics provided justice.
State of North Carolina v. Michelle Catherine Theer
The state regards Michelle Theer as a perpetrator of the first-degree murder. She and her lover John Diamond are deemed responsible for the death of her former spouse, Air Force Captain Marty Theer, which occurred on December 17, 2000. It is believed that Michelle Theer grew up in a troubled household following the divorce of her parents. Nonetheless, when Michelle and Marty first met, they seemed to be the perfect match as both were Army brats and Michelle’s outgoing personality matched Marty’s more reserved approach. Their courtship was swift, and the pair exchanged vows in 1991.
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The wedded couple often moved to different bases as Captain Theer was relocated across different Air Force bases around the country. Most military marriages are cumbered with numerous impediments, and theirs was not any different. According to Cantrell, this was due to Marty’s constant absence and the pairs’ quarrels during the little time they spent together (2012). In 1999, they relocated to Fayetteville as Marty had landed a post at Pope Air Force Base while Michelle was working to become a licensed psychologist. It was here that Michelle met Sergeant John Diamond who was to be her future lover and accomplice in early 2000. The two met virtually on Yahoo chat, and things hit off pretty quickly. Both Michelle and John were suffering from loveless marriages at the time.
In June tides had changed abruptly, the Theer’s marriage was in shambles while Michelle and John’s relationship had become more intense. The pair, John, and Michelle, spent enormous amounts of time together in nightclubs that prompted Michelle to move out of her marital home. On December 17, 2000, Marty and Michelle’s union came to an end albeit violently. The married couple had attended a Christmas party and on their way back home Michelle insisted that she be dropped at her office to pick up some books (State of North Carolina v. Michelle Catherine Theer, 2007). Michelle took a considerable amount of time in her office that prompted Marty to check on her. It was there that the former Army Captain was shot five times supposedly by a man from the shadows.
Evidence
At the time of the investigation, the law enforcement officers working on the case had only one lead and that was John Diamond. It was well known by neighbors, friends and even colleagues of the two that Diamond and Michelle were having an affair. After the shooting of Marty, Michelle declared that she locked her keys inside her office out of panic and had to run to a video store to call 911. The clerk of the video store, Joyce Smith testified that Michelle ran into her shop terrified and hysterical, shouting "call 911, somebody shot my husband" (Cantrell, 2012). Following the investigation of the crime scene, a cigarette pack and smoked cigarettes, surgical gloves, ink pen, and two 9mm fired cartridges near Marty’s slain body were found. Furthermore, the hood of Marty’s car suggested a struggle had occurred, and several bullet holes were found at the back door. Following intervention by forensic experts, it was declared that the gunpowder residue found on Michelle was not substantial enough to prove she had fired the gun.
The evidence mentioned was a clear indicator that Marty was a victim of a homicide. However, it was not significant enough to pinpoint who was responsible. Digital forensics played a vital role that ultimately led to the closure of this horrendous crime. As both John and Michelle were just suspects, the law enforcement was given the go ahead to access their personal data in the form of emails, calls and even mobile phone texts (Cantrell, 2012). This implied that the investigators had access to over 88 000 emails and text messages of both the two parties. Interesting information was realized in the course of scrutinizing the personal data of the alleged infidels. To begin with, detectives were able to provide proof of the sexual relationship that ensued between Michelle and John, during the Theer’s marriage and even after Marty’s demise.
Moreover, in the fall of 2000 Marty and Michelle had undergone marriage counseling; they were slowly rebuilding their relationship. During this period Michelle has been severely considering to end the affair with John Diamond. In November 2000, Diamond contacted Michelle saying that he was “losing control” because she was rejecting him and he consequently obtained a handgun (State of North Carolina v. Michelle Catherine Theer, 2007). Forensics could not entirely relate the gun he got to the one used in the murder as Diamond reported his car was broken into, and seemingly his “friend’s” gun was stolen. John’s actions only primed his role as a suspect in the case.
Furthermore, during questioning Lourdes Diamond, John’s wife, stated that John had received a phone call at around 9 pm after which he hastily changed into winter clothes and left the house. At first, John denied the allegations but further investigation into their phone records it became clear that he had received a phone call at the time and from no one else other than Michelle. Considering that Michelle made the 911 call at 11:01 pm which suggests that the time of death was around 10:40 – 10:50 pm, the newly found evidence was more than crucial. Thus John Diamond had made contact with Michelle shortly before the time of death and left the house on a Christmas night in unclear circumstances. It was only a matter of time before he was convicted and the role of Michelle as an accomplice was being heavily looked into.
Verdict
On March 21, 2001, John Diamond was charged in a court martial by Army officials. He was convicted of obstruction of justice, conspiracy, and murder. He was sentenced to life incarceration on the accounts of his charges. Since the court martial has no jurisdiction over civilians, they could not prosecute Michelle however the Army officials strongly encouraged law enforcement the police to press charges against her.
Michelle was bound to be sued as soon as significant evidence arose regarding her involvement. She, therefore, moved to New Orleans where she changed her name, color and even had plastic surgery to cover up her identity. After trailing her new lover police were able to catch up with the culprit. She was arrested on August 5, 2002, for killing her spouse. Even though it took two years for her to be tried in a court of law, a panel of six jurors found her guilty as of December 3, 2004. She was consequently sentenced to life imprisonment without parole. She is now held at the North Carolina Correctional Institute for Women in Raleigh, North Carolina where she serves her sentence (Cantrell, 2012).
Role of Digital Forensics in the Outcome
The case of Michelle Theer was a difficult one as there was insignificant physical evidence present. Thereby, was it not for digital forensics, the case could have most likely been disregarded on accounts of lack of sufficient evidence. Emails and instant messages were the primary forms that underlined the infidelity between John Diamond and Michelle Theer. Proving that the sexual relationship between the two was indeed real was a significant milestone to solving the case. What’s more, computer forensics made it possible for police to confirm the statement by the defendant and ultimately the perpetrators. An example was the phone call in which Michelle had contacted John Diamond before the murder of her husband. This was important as it not only confirmed the pair’s communication on the night but it also helped detail John’s movement.
Additionally, the workload was significantly reduced. If for a minute, one assume there was no form of digital communication between the two. It would have been challenging to compile substantial evidence regarding the case. Not only was the investigation made easier but the time it took was significantly reduced too. The case was closed within three months for the actual murderer. Most importantly some crucial aspects would have either been overlooked or missed by investigators. For example, John’s declaration of losing it was necessary as it foreshadowed the measures he would take to be with Michelle.
In conclusion, digital forensics is an important asset in solving the majority of the crimes that occur both nationally and internationally. This is because criminals are becoming more adept thereby this necessitates law enforcement to take greater measures. Computer forensics is not only useful in cybercrime as it complements cases in both criminal and civil law. As such it should be the police and respective law enforcement agencies to ensure that their digital forensics departments are well equipped and able to handle the most difficult of challenges.
References
Cantrell, K. (2012). Psychologist Michelle Theer, Her Internet Affair with John Diamond, and the Murder of Air Force Captain Marty Theer. Retrieved from http://murderpedia.org/female.T/t/theer-michelle.html.
“State of North Carolina v. Michelle Catherine Theer.” (2007). Court of Appeals of North Carolina. Retrieved from http://caselaw.findlaw.com/nc-court-of-appeals/1201672.html.
