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Inmates beheaded in a Brazil prison riot: Human identification by ear individual signs
Journal of Forensic and Legal Medicine 68 (2019) 101870
Contents lists available at ScienceDirect
Journal of Forensic and Legal Medicine journal homepage: www.elsevier.com/locate/yjflm
Case report
Inmates beheaded in a Brazil prison riot: Human identification by ear individual signs
T
Gilberto Paiva de Carvalhoa,∗, Yasmin Comoti Vita Bantimb a b
Institute of Legal Medicine, Nursing College, Center of Health Science, Federal University of Roraima, Boa Vista, RR, Brazil Department of Surgery and Integrated Clinic, School of Dentistry of Araçatuba, UNESP-Univ. Estadual Paulista, Araçatuba, SP, Brazil
ABSTRACT
Deaths that occur in prisons riots can be by extreme violence. When unrecognizable corpses are referred for examination, the process of human identification is hampered. The aim of this study is to present applicability in human identification by ear individual signs in an inmate beheaded in Brazil prison riot. Ten prisoners died in the rebellion being discussed. Seven corpses had been burned, and three of them were beheaded. For the examination, only two heads were presented. Three families were consulted. They informed that suspect 1 had a “front tooth failure” in the anterior maxilla and no dental records, while a second family brought a panoramic radiograph (suspect 2) and the last family (suspect 3) sent one photograph. Suspects 2 and 3 were considered incompatible. Information about suspect 1, such as “front tooth failure” in the anterior maxilla and anthropological facial aspects, provided compatibles clues. The absence of dental documentation stimulated the search for other characteristics conserved in the head under study. The left ear presented good conservation for a comparative method. Morphological ear variations enabled identification to be achieved for an inmate beheaded in a prison riot, demonstrating the method's applicability and reliability. The certainty of the death of a relative allows the normal grief process to start, decreasing psychological morbidity. Mixed feelings between hope and despair are reduced. Therefore, this is a high priority for forensic experts in these cases.
1. Introduction One day of visit has become a carnage at the Agricultural Penitentiary of Monte Cristo at Roraima, Brazil. A riot occurred in 2016, and 10 inmates were killed; seven corpses were burned and three of them were beheaded. For the examination, only two heads were present; however, their anatomical volume and shape were changed. Blunt force caused extensive craniofacial trauma in these heads, which determined the facial deformity. When the face is extremely mutilated, recognition is difficult, so ear examination can be of help, at least for the purposes of elimination.1 The human ear is a perfect source of data for passive person identification in biometric technology and forensic science.2 Not only the auricle itself shows potential for establishing the identity of criminals, but also its prints.3 An ear is an irregular, oblong dermal plica, which embraces the orifice of external auditory meatus. The ear's height is almost double its width and its size varies significantly. It is bent in many directions, and its structure is supported by elastic cartilage, absent only from the lower earlobe. The cartilage skeleton determines most of the ear shape. The auricle belongs to the organs characterized by location, size and shape, which are individual features of each human being.4 Ear and ear print identification have been discussed in the forensic field.4–10 The ear is the most significant factor from the point of view of ∗
identification. A description and some measurements of the ear form part of the Bertillonage system, which can be used to identify recidivists.11–17 Ancient postulations believed in anthropological features determining whether a man was a criminal or not, including ear characteristics. In this point, Evans5 stated that it will form the basis of minimal value as an aid in identification, but maintained that a certain outline of the ear is peculiar to one person or peculiar to other, and as such may serve as a further means of identification in these individuals. The book “Ear Identification (Forensic Identification Series)” presented a study in which more than 10,000 ears were analyzed. There was no appreciable similarity of ear configuration. This manual contains a morphological basis and designed a classification method for ears to be used as an identification tool as ears have uniqueness.6 Ear prints are usually secured during the examination of burglary, homicide and bank robbery crimes. There were 166 ear mark identification cases in Poland in a period of 7 years. Since 1992, ear marks and ear image identification from photographs have been separated into two areas. Experts with more experience in fingerprint examination and the analysis of other marks, such as lip traces, began specializing in ear trace identification.4 Police and forensic experts used ear geometric methods to perform human identification, where geometric features of ears such as size, height, width, and shape of the earlobe are useful and valid proofs of identity.2 Several ears biometric recognition studies for authentication
Corresponding author. Rua Rio Solimões, 78 – Bairro 5 de Outubro, Boa Vista, RR, CEP 69307-732, Brazil. E-mail address: [email protected] (G.P.d. Carvalho).
https://doi.org/10.1016/j.jflm.2019.101870 Received 17 March 2019; Received in revised form 6 September 2019; Accepted 16 September 2019 Available online 17 September 2019 1752-928X/ © 2019 Published by Elsevier Ltd.
Journal of Forensic and Legal Medicine 68 (2019) 101870
G.P.d. Carvalho and Y.C.V. Bantim
have been published.2,13,15,18–25 Biometric methods truly identify humans and it is better than keys, cards or passwords that people must remember.2 A systematic discussion was presented which included available databases, detection and feature extraction techniques, as well as a survey of some unsolved ear recognition problems, showing a certain level of maturity.13 Other review articles discussed various issues relating to ear prints, such as ear morphology, variations, individualization, matching, and the admissibility of ear print evidence in the courts. Ear print evidence has been utilized successfully by courts in the Netherlands, the United Kingdom, Germany and France as key or supporting evidence in various cases and has contributed to the successful conviction of perpetrators.10 A total of 648 members of general and 243 members of tribal families were investigated from Central India and Allahabad district in North India. The somatoscopic comparison of ear characteristics among the genetic relations revealed its unique nature.15 Even identical twins have a distinct ear,15,26 a result demonstrated in surveys of thirty-nine26 and ninety15 pairs of identical twins. Ear identification based on surveillance camera images involved experts and laymen. The authors believe that ears, and maybe images of ears and ear prints, showed sufficient variability to enable identification or individualization based on an individual's ear morphology. A previous study demonstrated that experts were able to determine whether they had sufficient information to make an individualization or exclusion.8 None of the ear patterns were found to be identical in morphology when compared with other individuals analyzing 2661 subjects, not even its own counterpart,16 a result which was found in a previous study of seven hundred ear patterns.27 Thus, the individuality of every ear has been confirmed, which may find use in personal identification studies.16,27 An ear is a valuable feature to human identification and can be used to make a sketch portrait, in appearance reconstruction's method and identification by photographs.4 In Italy, a case report analyzed a bank robbery videotape to determine whether one of the subjects was identifiable with one of the suspects. Anthropomorphic parameters on the robber's face were picked out and seven points of comparison were selected on the right ear of the robber: helix, antihelix, tragus, antitragus, concha, triangular fossa and lobule. After careful comparative morphometric computer analysis, it was concluded that none of the facial and ear points of similarity showed the same anthropomorphology (points of negative similarity). These negative similarities (or non-coincidental points) were sufficient to exclude the identity of the suspect compared with the robber.12 Previous studies discussed ear feature uniqueness2,4,8–10,15,16,26,27 as a reliable method of human identification.12,19 The aim of this study is to present applicability in human identification by ear individual signs in an inmate beheaded in Brazil prison riot.
these images, there was a man with black curly hair, a medium opening nose, discreet deviation of the nasal spine region to the left, a wellmarked filter, medium-thickness lips, an elliptical shape of the mentual region, and ears facing forward. 2.1. Head examination The examination showed an asymmetric head with epithelial surface of blackish coloration in superficial detachment in the right infrazygomatic region, in the left cheek and neck. There were changes related to volume and shape, determining the latero-lateral enlargement of the first and bulging and depressions of the second. Palpation showed a general softening of the face, generalized crackling with a fractured comminuted cranial bone, and sinking of the left frontal region. To the right, there was a loss of substance and evisceration of the brain content, with another trauma in the contralateral supraorbital region. The hair was curly black in the upper part and scraped in the side portions. In fractured facial bones, maxillary fragments were removed. Teeth 22, 21, 11 and 12 were absent, with a remodeled gum. The crowns of teeth 13 and 17 were lost, tooth 14 presented radicular remains and teeth 15, 16 and 18 showed no alterations. In the mandibular remnant found, teeth 31 and 41 were observed. Two teeth were removed for DNA examination to relate the head to the unidentified burned bodies (See Figs. 1-2).
Fig. 1. Beheaded head and preserved left ear.
2. Case report Ten prisoners died in the rebellion being discussed. There was an average of 1.4 deaths per day in the previous year, 2015, in a population of about 500,000. This number of victims at once meant that the event was considered as a mass disaster. This was a closed event, resulting in the death of a fixed number of individuals belonging to an identifiable group. The manner of deaths led several relatives to the Institute of Legal Medicine. Seven corpses had been burned, and three of them were beheaded. For the examination, only two heads were presented. Three families were consulted. They informed that suspect 1 had a “front tooth failure” in the anterior maxilla and no dental records, while a second family brought a panoramic radiograph (suspect 2) and the last family (suspect 3) sent one photograph. From suspect 1, three photos were obtained from the identification portal “idNet Brasil”. In
Fig. 2. Suspect 1 in three moments – same features of left ear. 2
Journal of Forensic and Legal Medicine 68 (2019) 101870
G.P.d. Carvalho and Y.C.V. Bantim
The method of determining common features involves the comparison of auricle parts such as the helix, antihelix and antihelix region, as well as the concha, tragus, anti-tragus and lobule. The analysis of anatomy, type and distribution of those areas justifies their status of individual characteristics.4 The features visualized in ante-mortem and post-mortem images were: (A) ear superior junction, straight and distant; (B) upper curvature of the propeller; (C) irregular drawing of scaphoid fossa, which does not follow the curvature of the propeller; (D) straight posterosuperior board defining the discontinuous propeller curvature; (E) absent Darwin tubercle; (F) straight lower part of the helix; (G) the presence of a tubercle in the anti-tragus; (H) upper incision of the tragus described as an “S" letter; (I) thin anti-propeller inferior branch; and (J) bulging triangular fossa (see Fig. 3). For ear prints, Polish forensic practice decided that, based on statistical calculations, demonstrating the conformity of 7 characteristics in evidential and comparative impression, was sufficient to confirm identity. That rule is similar to the one adopted in fingerprint examination.4 Our examination provided more than seven points, and there was enough agreement between the ante-mortem and postmortem data to establish that they correspond to the same person. The disappearance of a loved one is a unique type of loss, also termed ‘ambiguous loss’, which may heighten the risk of developing prolonged grief, depression, and posttraumatic stress symptoms.29 Ear identification was important for the family to confirm the death. This traumatic event can be worse when uncertainty remains. Distress has been replaced by grief, minimizing psychological damage. DNA examination reaffirmed the identity of suspect 1, connecting the head to the body. This reinforces the reliability of ear identification. Other fragments and human remains, including the third head, were brought to the Legal Medicine Institute on the following day. The third head was deformed, with all bones having been fractured. Police investigation confirmed that these three beheaded inmates were gang leaders. The brutal deaths in this case were because other inmates aimed to eliminate the headships literally; the beheadings represented the end of command. Prison riots in Brazil have increased. Faction fights have ended many lives. In Roraima, death rates between January and March 2018 rose by 200% compared to the same period in 2017. Beheading has become a routine. Therefore, quartering the body and heart removal has begun to be applied. Many deaths have been filmed and shared on social networks, and sometimes, in the hands of the tormentor, the heart still pulsates. Therefore, the premise employed is to impress and exalt power over enemies and society.
Fig. 3. The features visualized in ante-mortem and post-mortem images.
3. Discussion Cranial and maxillomandibular bones were fractured. Even with the traumas observed in the skull, the exposed brain and injuries incompatible with life, it was not possible to confirm that the cause of death was responsible for the mechanical actions. The body of the victim may have been subjected to other traumas. At that time, there was no corresponding body, so the cause of death was unknown. The choice of records used was based on preliminary exams. Information about suspect 1, such as “front tooth failure” in the anterior maxilla and anthropological facial aspects, provided compatibles clues. Dental features from the panoramic radiograph of suspect 2 were completely discrepant. The photograph for suspect 3 presented discordant facial characteristics. Therefore, suspects 2 and 3 were discarded. The asymmetric face did not allow deviation of the nasal spine region to the left, a well-marked filter and an elliptical shape mentual region to be determined. The absence of dental documentation stimulated the search for other characteristics conserved in the head under study. The left ear presented good conservation for a comparative method. Concerns about the accuracy and reliability of ear prints have been expressed, even though they have been used successfully in many cases throughout the world. Two courts rejected ear print as evidence. In the USA, experts were told to limit their opinion. In a similar case in the UK, the judge admitted the ear print evidence and did not limit the experts’ opinion. However, the prosecution decided to drop the charges against the suspect. In both cases, the evidence was considered insufficient to prove the identity ‘beyond reasonable doubt'.10 Unlike in ear print analysis, the position of the head can be established in photographs based on orientation to the Frankfurt plane. Thus, ear morphology comparisons can be more reliably and accurately extracted. For some characteristics, ear photograph identification is likely to be more reliable and consistent than ear print identification.9 The ear is a prominent visible feature when the face is viewed in profile and, consequently, is readily collectable from video recordings or photographs.13 In our study, three frontal photos were presented for examination. The first and second pictures were used to compare the same features in the photos of both ears, and in the last one too. While normal science is concerned with establishing regularities, forensic science is concerned with exploiting irregularities among objects within classes. Its central assumption is that objects possess enough differences that one object cannot be mistaken for another upon adequate inspection.28 In our case, individual features were searched for, such as an absent Darwin tubercle, bulging triangular fossa, and straight lower part of the helix, among other structures.
4. Conclusion Morphological ear variations enabled identification to be achieved for an inmate beheaded in a prison riot, demonstrating the method's applicability and reliability. This work demonstrates the use of another method for human identification when digital fingerprints, dental arches, and radiographs cannot be used for highly damaged, mutilated or partially damaged bodies. The certainty of the death of a relative allows the normal grief process to start, decreasing psychological morbidity. Mixed feelings between hope and despair are reduced. Therefore, this is a high priority for forensic experts in these cases. Conflicts of interest The authors declare that they have no competing interests. CRediT authorship contribution statement Gilberto Paiva de Carvalho: Writing - review & editing. Yasmin Comoti Vita Bantim: Writing - original draft. 3
Journal of Forensic and Legal Medicine 68 (2019) 101870
G.P.d. Carvalho and Y.C.V. Bantim
References
16. Purkait R. External ear: an analysis of its uniqueness, Egypt. J Forensic Sci. 2016;6:99–107. https://doi.org/10.1016/j.ejfs.2016.03.002. 17. Verma P, Sandhu HK, Verma KG, Goyal S, Sudan M, Ladgotra A. Morphological variations and biometrics of ear: an aid to personal identification. J Clin Diagn Res. 2016;10:ZC138–ZC142. https://doi.org/10.7860/JCDR/2016/18265.7876. 18. AK J, Ross A, Prabhakar S. An introduction to biometric recognition. IEEE Trans Circuits Syst Video Technol. 2004;14:4–20. 19. Chang K, Bowyer K, Sarkar S, Victor B. Comparison and combination of ear and face images in appearance-based biometrics. IEEE Trans Pattern Anal Mach Intell. 2003;25:1160–1165. 20. Kumar A, Wu C. Automated human identification using ear imaging. Pattern Recognit. 2012;45:956–968. https://doi.org/10.1016/j.patcog.2011.06.005. 21. Kumar A, Chan TT. Robust ear identification using sparse representation of local texture descriptors. Pattern Recognit. 2013;46:73–85. https://doi.org/10.1016/j. patcog.2012.06.020. 22. Unar JA, Seng W, Abbasi A. A review of biometric technology along with trends and prospects. Pattern Recognit. 2014;47:2673–2688. 23. Chen L, Mu Z, Zhang B, Zhang Y. Ear recognition from one sample per person. PLoS One. 2015;10:e0129505https://doi.org/10.1109/THMS.2016.2598763. 24. Ragan EJ, Johnson C, Milton JN, Gill CJ. Ear biometrics for patient identification in global health: a cross-sectional study to test the feasibility of a simplified algorithm. BMC Res Notes. 2016;9:1–12. https://doi.org/10.1186/s13104-016-2287-9. 25. Emerši Ž, Štruc V, Peer P. Ear recognition: more than a survey. Neurocomputing. 2017;255:26–39. https://doi.org/10.1016/j.neucom.2016.08.139. 26. Nejati H, Zhang L, Sim T, Dong G. Wonder Ears : identification of identical twins from ear images. 21st Int. Conf. Pattern Recognit. 2011; 2011:1201–1204. 27. Purkait R, Singh P. A test of individuality of human external ear pattern: its application in the field of personal identification. Forensic Sci Int. 2008;178:112–118. https://doi.org/10.1016/j.forsciint.2008.02.009. 28. Saks MJ. Merlin and Solomon: lessons from the Law's formative Encounters with forensic identification science. Hastings Law J. 1998;49:1069–1140. 29. Lenferink LIM, Eisma MC, de Keijser J, Boelen PA. Grief rumination mediates the association between self-compassion and psychopathology in relatives of missing persons. Eur J Psychotraumatol. 2017;8:1–11. https://doi.org/10.1080/20008198. 2017.1378052.
1. Chattopadhyay PK, Bhatia S. Morphological examination of ear: a study of an Indian population. Leg Med. 2009;11:S190–S193. https://doi.org/10.1016/j.legalmed.2009. 02.057. 2. Choraś M. Perspective methods of human identification : ear biometrics. OptoElectron Rev. 2008;16:85–96. https://doi.org/10.2478/s11772-007-0033-5. 3. Kaushal N, Kaushal P. Human earprints: a review. J Biometrics Biostat. 2011;2. https://doi.org/10.4172/2155-6180.1000129. 4. Kasprzak J. Identification of ear impressions in Polish forensic practice. Probl Forensic Sci. 2001;47:168–174. 5. Evans H. The external ear as a means of identification. Trans. Medico-Legal Soc. 1910:88–90. 6. Iannarelli AV. Ear Identification (Forensic Identification Series). Fremont, CA: Paramount Public Company; 1989. 7. van der Lugt C. (Ears and) earprints, individualising crime scene marks?!. Probl. Forensic Sci., Cracow. 2001; 2001:38–45. 8. Hoogstrate A, Van Den Heuvel H, Huyben E. Ear identification based on surveillance camera images. Sci Justice. 2001;41:167–172. 9. Monge JM. Ear photographs: examination and forensic. In: Jamieson A, Moenssens A, eds. Wiley Encycl. Forensic Sci. first ed. Wiley-Blackwell; 2011:3104. 10. Krishan K, Kanchan T. Identification: prints – ear. Encycl. Forensic Leg. Med. 2016;3:74–80. https://doi.org/10.1016/B978-0-12-800034-2.00210-X. 11. Warren N. Earprints in identification. Med Leg J. 1996;64:82http://www.scopus. com/inward/record.url?eid=2-s2.0-0029686454&partnerID=40&md5= a368cf8171febf4c419cceeb5fdb0221. 12. Ventura F, Zacheo A, Ventura A, Pala A. Computerised anthropomorphometric analysis of images: case report. Forensic Sci Int. 2004;146(Suppl):S211–S213. https:// doi.org/10.1016/j.forsciint.2004.09.065. 13. Abaza A, Ross A, Hebert C, Harrison MAF, Nixon MS. A survey on ear biometrics. ACM Comput Surv. 2013;45. https://doi.org/10.1145/2431211.2431221. 14. Rubio O, Galera V, Alonso MC. Anthropological study of ear tubercles in a Spanish sample, HOMO-. J. Comp. Hum. Biol. 2015;66:343–356. https://doi.org/10.1016/j. jchb.2015.02.005. 15. Purkait R. Application of external ear in personal identification: a somatoscopic study in families. Ann. Forensic Res. Anal. 2015;2:9.
4
Contents lists available at ScienceDirect
Journal of Forensic and Legal Medicine journal homepage: www.elsevier.com/locate/yjflm
Case report
Inmates beheaded in a Brazil prison riot: Human identification by ear individual signs
T
Gilberto Paiva de Carvalhoa,∗, Yasmin Comoti Vita Bantimb a b
Institute of Legal Medicine, Nursing College, Center of Health Science, Federal University of Roraima, Boa Vista, RR, Brazil Department of Surgery and Integrated Clinic, School of Dentistry of Araçatuba, UNESP-Univ. Estadual Paulista, Araçatuba, SP, Brazil
ABSTRACT
Deaths that occur in prisons riots can be by extreme violence. When unrecognizable corpses are referred for examination, the process of human identification is hampered. The aim of this study is to present applicability in human identification by ear individual signs in an inmate beheaded in Brazil prison riot. Ten prisoners died in the rebellion being discussed. Seven corpses had been burned, and three of them were beheaded. For the examination, only two heads were presented. Three families were consulted. They informed that suspect 1 had a “front tooth failure” in the anterior maxilla and no dental records, while a second family brought a panoramic radiograph (suspect 2) and the last family (suspect 3) sent one photograph. Suspects 2 and 3 were considered incompatible. Information about suspect 1, such as “front tooth failure” in the anterior maxilla and anthropological facial aspects, provided compatibles clues. The absence of dental documentation stimulated the search for other characteristics conserved in the head under study. The left ear presented good conservation for a comparative method. Morphological ear variations enabled identification to be achieved for an inmate beheaded in a prison riot, demonstrating the method's applicability and reliability. The certainty of the death of a relative allows the normal grief process to start, decreasing psychological morbidity. Mixed feelings between hope and despair are reduced. Therefore, this is a high priority for forensic experts in these cases.
1. Introduction One day of visit has become a carnage at the Agricultural Penitentiary of Monte Cristo at Roraima, Brazil. A riot occurred in 2016, and 10 inmates were killed; seven corpses were burned and three of them were beheaded. For the examination, only two heads were present; however, their anatomical volume and shape were changed. Blunt force caused extensive craniofacial trauma in these heads, which determined the facial deformity. When the face is extremely mutilated, recognition is difficult, so ear examination can be of help, at least for the purposes of elimination.1 The human ear is a perfect source of data for passive person identification in biometric technology and forensic science.2 Not only the auricle itself shows potential for establishing the identity of criminals, but also its prints.3 An ear is an irregular, oblong dermal plica, which embraces the orifice of external auditory meatus. The ear's height is almost double its width and its size varies significantly. It is bent in many directions, and its structure is supported by elastic cartilage, absent only from the lower earlobe. The cartilage skeleton determines most of the ear shape. The auricle belongs to the organs characterized by location, size and shape, which are individual features of each human being.4 Ear and ear print identification have been discussed in the forensic field.4–10 The ear is the most significant factor from the point of view of ∗
identification. A description and some measurements of the ear form part of the Bertillonage system, which can be used to identify recidivists.11–17 Ancient postulations believed in anthropological features determining whether a man was a criminal or not, including ear characteristics. In this point, Evans5 stated that it will form the basis of minimal value as an aid in identification, but maintained that a certain outline of the ear is peculiar to one person or peculiar to other, and as such may serve as a further means of identification in these individuals. The book “Ear Identification (Forensic Identification Series)” presented a study in which more than 10,000 ears were analyzed. There was no appreciable similarity of ear configuration. This manual contains a morphological basis and designed a classification method for ears to be used as an identification tool as ears have uniqueness.6 Ear prints are usually secured during the examination of burglary, homicide and bank robbery crimes. There were 166 ear mark identification cases in Poland in a period of 7 years. Since 1992, ear marks and ear image identification from photographs have been separated into two areas. Experts with more experience in fingerprint examination and the analysis of other marks, such as lip traces, began specializing in ear trace identification.4 Police and forensic experts used ear geometric methods to perform human identification, where geometric features of ears such as size, height, width, and shape of the earlobe are useful and valid proofs of identity.2 Several ears biometric recognition studies for authentication
Corresponding author. Rua Rio Solimões, 78 – Bairro 5 de Outubro, Boa Vista, RR, CEP 69307-732, Brazil. E-mail address: [email protected] (G.P.d. Carvalho).
https://doi.org/10.1016/j.jflm.2019.101870 Received 17 March 2019; Received in revised form 6 September 2019; Accepted 16 September 2019 Available online 17 September 2019 1752-928X/ © 2019 Published by Elsevier Ltd.
Journal of Forensic and Legal Medicine 68 (2019) 101870
G.P.d. Carvalho and Y.C.V. Bantim
have been published.2,13,15,18–25 Biometric methods truly identify humans and it is better than keys, cards or passwords that people must remember.2 A systematic discussion was presented which included available databases, detection and feature extraction techniques, as well as a survey of some unsolved ear recognition problems, showing a certain level of maturity.13 Other review articles discussed various issues relating to ear prints, such as ear morphology, variations, individualization, matching, and the admissibility of ear print evidence in the courts. Ear print evidence has been utilized successfully by courts in the Netherlands, the United Kingdom, Germany and France as key or supporting evidence in various cases and has contributed to the successful conviction of perpetrators.10 A total of 648 members of general and 243 members of tribal families were investigated from Central India and Allahabad district in North India. The somatoscopic comparison of ear characteristics among the genetic relations revealed its unique nature.15 Even identical twins have a distinct ear,15,26 a result demonstrated in surveys of thirty-nine26 and ninety15 pairs of identical twins. Ear identification based on surveillance camera images involved experts and laymen. The authors believe that ears, and maybe images of ears and ear prints, showed sufficient variability to enable identification or individualization based on an individual's ear morphology. A previous study demonstrated that experts were able to determine whether they had sufficient information to make an individualization or exclusion.8 None of the ear patterns were found to be identical in morphology when compared with other individuals analyzing 2661 subjects, not even its own counterpart,16 a result which was found in a previous study of seven hundred ear patterns.27 Thus, the individuality of every ear has been confirmed, which may find use in personal identification studies.16,27 An ear is a valuable feature to human identification and can be used to make a sketch portrait, in appearance reconstruction's method and identification by photographs.4 In Italy, a case report analyzed a bank robbery videotape to determine whether one of the subjects was identifiable with one of the suspects. Anthropomorphic parameters on the robber's face were picked out and seven points of comparison were selected on the right ear of the robber: helix, antihelix, tragus, antitragus, concha, triangular fossa and lobule. After careful comparative morphometric computer analysis, it was concluded that none of the facial and ear points of similarity showed the same anthropomorphology (points of negative similarity). These negative similarities (or non-coincidental points) were sufficient to exclude the identity of the suspect compared with the robber.12 Previous studies discussed ear feature uniqueness2,4,8–10,15,16,26,27 as a reliable method of human identification.12,19 The aim of this study is to present applicability in human identification by ear individual signs in an inmate beheaded in Brazil prison riot.
these images, there was a man with black curly hair, a medium opening nose, discreet deviation of the nasal spine region to the left, a wellmarked filter, medium-thickness lips, an elliptical shape of the mentual region, and ears facing forward. 2.1. Head examination The examination showed an asymmetric head with epithelial surface of blackish coloration in superficial detachment in the right infrazygomatic region, in the left cheek and neck. There were changes related to volume and shape, determining the latero-lateral enlargement of the first and bulging and depressions of the second. Palpation showed a general softening of the face, generalized crackling with a fractured comminuted cranial bone, and sinking of the left frontal region. To the right, there was a loss of substance and evisceration of the brain content, with another trauma in the contralateral supraorbital region. The hair was curly black in the upper part and scraped in the side portions. In fractured facial bones, maxillary fragments were removed. Teeth 22, 21, 11 and 12 were absent, with a remodeled gum. The crowns of teeth 13 and 17 were lost, tooth 14 presented radicular remains and teeth 15, 16 and 18 showed no alterations. In the mandibular remnant found, teeth 31 and 41 were observed. Two teeth were removed for DNA examination to relate the head to the unidentified burned bodies (See Figs. 1-2).
Fig. 1. Beheaded head and preserved left ear.
2. Case report Ten prisoners died in the rebellion being discussed. There was an average of 1.4 deaths per day in the previous year, 2015, in a population of about 500,000. This number of victims at once meant that the event was considered as a mass disaster. This was a closed event, resulting in the death of a fixed number of individuals belonging to an identifiable group. The manner of deaths led several relatives to the Institute of Legal Medicine. Seven corpses had been burned, and three of them were beheaded. For the examination, only two heads were presented. Three families were consulted. They informed that suspect 1 had a “front tooth failure” in the anterior maxilla and no dental records, while a second family brought a panoramic radiograph (suspect 2) and the last family (suspect 3) sent one photograph. From suspect 1, three photos were obtained from the identification portal “idNet Brasil”. In
Fig. 2. Suspect 1 in three moments – same features of left ear. 2
Journal of Forensic and Legal Medicine 68 (2019) 101870
G.P.d. Carvalho and Y.C.V. Bantim
The method of determining common features involves the comparison of auricle parts such as the helix, antihelix and antihelix region, as well as the concha, tragus, anti-tragus and lobule. The analysis of anatomy, type and distribution of those areas justifies their status of individual characteristics.4 The features visualized in ante-mortem and post-mortem images were: (A) ear superior junction, straight and distant; (B) upper curvature of the propeller; (C) irregular drawing of scaphoid fossa, which does not follow the curvature of the propeller; (D) straight posterosuperior board defining the discontinuous propeller curvature; (E) absent Darwin tubercle; (F) straight lower part of the helix; (G) the presence of a tubercle in the anti-tragus; (H) upper incision of the tragus described as an “S" letter; (I) thin anti-propeller inferior branch; and (J) bulging triangular fossa (see Fig. 3). For ear prints, Polish forensic practice decided that, based on statistical calculations, demonstrating the conformity of 7 characteristics in evidential and comparative impression, was sufficient to confirm identity. That rule is similar to the one adopted in fingerprint examination.4 Our examination provided more than seven points, and there was enough agreement between the ante-mortem and postmortem data to establish that they correspond to the same person. The disappearance of a loved one is a unique type of loss, also termed ‘ambiguous loss’, which may heighten the risk of developing prolonged grief, depression, and posttraumatic stress symptoms.29 Ear identification was important for the family to confirm the death. This traumatic event can be worse when uncertainty remains. Distress has been replaced by grief, minimizing psychological damage. DNA examination reaffirmed the identity of suspect 1, connecting the head to the body. This reinforces the reliability of ear identification. Other fragments and human remains, including the third head, were brought to the Legal Medicine Institute on the following day. The third head was deformed, with all bones having been fractured. Police investigation confirmed that these three beheaded inmates were gang leaders. The brutal deaths in this case were because other inmates aimed to eliminate the headships literally; the beheadings represented the end of command. Prison riots in Brazil have increased. Faction fights have ended many lives. In Roraima, death rates between January and March 2018 rose by 200% compared to the same period in 2017. Beheading has become a routine. Therefore, quartering the body and heart removal has begun to be applied. Many deaths have been filmed and shared on social networks, and sometimes, in the hands of the tormentor, the heart still pulsates. Therefore, the premise employed is to impress and exalt power over enemies and society.
Fig. 3. The features visualized in ante-mortem and post-mortem images.
3. Discussion Cranial and maxillomandibular bones were fractured. Even with the traumas observed in the skull, the exposed brain and injuries incompatible with life, it was not possible to confirm that the cause of death was responsible for the mechanical actions. The body of the victim may have been subjected to other traumas. At that time, there was no corresponding body, so the cause of death was unknown. The choice of records used was based on preliminary exams. Information about suspect 1, such as “front tooth failure” in the anterior maxilla and anthropological facial aspects, provided compatibles clues. Dental features from the panoramic radiograph of suspect 2 were completely discrepant. The photograph for suspect 3 presented discordant facial characteristics. Therefore, suspects 2 and 3 were discarded. The asymmetric face did not allow deviation of the nasal spine region to the left, a well-marked filter and an elliptical shape mentual region to be determined. The absence of dental documentation stimulated the search for other characteristics conserved in the head under study. The left ear presented good conservation for a comparative method. Concerns about the accuracy and reliability of ear prints have been expressed, even though they have been used successfully in many cases throughout the world. Two courts rejected ear print as evidence. In the USA, experts were told to limit their opinion. In a similar case in the UK, the judge admitted the ear print evidence and did not limit the experts’ opinion. However, the prosecution decided to drop the charges against the suspect. In both cases, the evidence was considered insufficient to prove the identity ‘beyond reasonable doubt'.10 Unlike in ear print analysis, the position of the head can be established in photographs based on orientation to the Frankfurt plane. Thus, ear morphology comparisons can be more reliably and accurately extracted. For some characteristics, ear photograph identification is likely to be more reliable and consistent than ear print identification.9 The ear is a prominent visible feature when the face is viewed in profile and, consequently, is readily collectable from video recordings or photographs.13 In our study, three frontal photos were presented for examination. The first and second pictures were used to compare the same features in the photos of both ears, and in the last one too. While normal science is concerned with establishing regularities, forensic science is concerned with exploiting irregularities among objects within classes. Its central assumption is that objects possess enough differences that one object cannot be mistaken for another upon adequate inspection.28 In our case, individual features were searched for, such as an absent Darwin tubercle, bulging triangular fossa, and straight lower part of the helix, among other structures.
4. Conclusion Morphological ear variations enabled identification to be achieved for an inmate beheaded in a prison riot, demonstrating the method's applicability and reliability. This work demonstrates the use of another method for human identification when digital fingerprints, dental arches, and radiographs cannot be used for highly damaged, mutilated or partially damaged bodies. The certainty of the death of a relative allows the normal grief process to start, decreasing psychological morbidity. Mixed feelings between hope and despair are reduced. Therefore, this is a high priority for forensic experts in these cases. Conflicts of interest The authors declare that they have no competing interests. CRediT authorship contribution statement Gilberto Paiva de Carvalho: Writing - review & editing. Yasmin Comoti Vita Bantim: Writing - original draft. 3
Journal of Forensic and Legal Medicine 68 (2019) 101870
G.P.d. Carvalho and Y.C.V. Bantim
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