1.Bloody fingerprint found in basement shower

2.Bloody footprint in laundry room

3.Electrical Cord Hanging over coffee table in basement

4.Blood on coffee table and in other areas of basement

5.Bloody T-shirt found in basement hamper

6.No unequivocal cause of death was determined

7.No toxicology testing done for drugs to which Sandy was known to be addicted

8.No testing done to identify stomach contents

9.Couch materials not tested to eliminate accidental fire caused by careless smoking

10.Investigators failed to take a book of matches and a clock from the scene of the "crime"

11.No blood splatter found in house
 

1. Bloody fingerprint found in basement shower 

A WDOJ DCI case activity report dated 2-26-98 states on page 8 of 18 that, "The [WDOJ] Crime Lab Response Team also located a fingerprint in a stain suspected to be blood. This fingerprint was located in the shower of the bathroom." 

Analyst Harry Reed of the Wisconsin State Crime Laboratory later identified this fingerprint on Wednesday, June 10, 1998 as belonging to Jody Pawlak. The existence of this bloody fingerprint places Jody Pawlak at the decedent's home, in her basement, after the decedent received the injury to her head and prior to the fire. Pawlak was not interviewed about the existence of this bloody fingerprint subsequent to its discovery, nor does Pawlak mention being at the decedent's home subsequent to the decedent's head injury in her statements to authorities. 

This examiner cannot emphasize too strongly the potential importance of this evidence. That the authorities did not follow up on this evidence is deeply disturbing. Jody Pawlak should be re-interviewed by a competent, experienced criminal interviewer as a potential suspect in this case. More on the fingerprint Here

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2. Bloody footprint in laundry room

According to a Green Bay Police Department Detail Sheet by Lt. Van Haute, dated 2-19-98, bare footprints were found downstairs in the laundry room and by the shower using the chemical reagent Luminol. Luminol is a presumptive test for blood. There is no indication that conclusive or identifying blood tests were performed subsequent to these findings. There is also no indication that these footprints were compared to any known standards. If the origin of these footprints can be determined, and the substances identified as blood, it may have a significant bearing on the facts of the case. (For example, if these are the decedent's footprints in her own blood, this supports the conclusion that the decedent was downstairs walking around in the laundry room and by the shower after receiving the injury to her head.)

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3. Electical Cord Hanging over coffee table in basement 

A WDOJ DCI case activity report dated 2-24-98 states that "An electrical cord and length of conduit pipe" was removed from the ceiling joist located in the basement family room, evidence item no. 29. There is no mention of these items ever being examined for blood, hair, or other trace/ transfer evidence. In fact, page 8 of the same report states that these items were not sent to the crime lab at all, but rather are sitting in storage in the Green Bay Police Department evidence room with a number of other untested items. In order to reliably exclude the possibility of scenarios relating to accidental death in this case, the above mentioned examinations are requisite.

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4. Blood on coffee table and in other areas of basement 

A WDOJ DCI case activity report dated 2-24-98 states that, "The Crime Lab Response Team also located what was suspected to be blood in other areas of the basement and on the coffee table in front of the couch." It further states that, "A coffee table was located in front of the couch on the east wall of the northeast section of the rec room, and on that coffee table were two video cassette recorders (VCRs)." 

There is no mention of any collection, forensic testing, or analysis performed on any of these items of evidence. At the very least, the VCRs should be examined for fingerprints, and the suspected bloodstains tested, typed, and examined with respect to informing crime reconstruction efforts. In addition, DNA testing would seem appropriate. 

Reconstruction theories thus far have made no effort to explain evidence found in the downstairs areas of the house. The lack of accounting for evidence located downstairs in reconstruction theories is enabled by the fact that it has gone unexamined and untested.

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5. Bloody T-shirt found in basement hamper

A WDOJ DCI case activity report dated 2-24-98 states that "A corduroy cloth shirt" was removed from a wash basket in the basement utility room of the decedent's residence, evidence item no. 10. It is understood that this item of clothing belonged to the decedent. This item was sent to the crime lab for trace evidence examination. There is no specific mention, however, of attempts to examine the shirt for latent fingerprints. A fingerprint expert should examine the shirt with respect to this issue. 

There is also no mention of any examination of bloodstain patterns on the shirt with respect to informing crime reconstruction efforts. The same report states that the shirt had "blood around the collar and its back." This could be consistent with the decedent either standing or sitting in a upright position long enough for such staining to have occurred. Such a finding would contraindicate an attack on the decedent in a supine position immediately following the blow to her head. A blood pattern expert should examine the shirt with respect to this issue. 

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6. No unequivocal cause of death was determined 

There is some equivocation in the autopsy report prepared by John R. Teggatz, M.D., Deputy Chief Medical Examiner for the Milwaukee County Medical Examiners office. It lists the cause of death as "Probable Manual Strangulation" as opposed to simply "Manual Strangulation". No discussion is offered in his report on this issue. Given the importance of this specific issue, an independent forensic pathologist should be employed to review the autopsy findings related to this specific issue.

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7. No toxicology testing done for drugs to which Sandy was known to be addicted 

According to the autopsy and toxicology reports, no specific tests were performed to identify metabolites associated with the many prescription medications that Sandra Maloney was known to be taking (or had access to). In fact, there is no evidence that any medications were recognized, documented, collected and catalogued by crime scene personnel. Without such directed testing, the possibility of a drug overdose combined with excessive alcohol use cannot be reliably eliminated. 

In order to reliably rule out this possibility, a complete list of all medications known to be in the possession of Sandra Maloney should be made. Subsequently, her blood and urine should be screened for the corresponding metabolites by a forensic toxicologist.

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8. No testing done to identify stomach contents 

According to the autopsy and toxicology reports, no specific tests were performed to identify the brown liquid contents of the decedent's stomach, or the yellow watery contents of her small intestine. This, in combination with #6, would seem to be a logical step in establishing a cause of death for a decedent with Sandra Maloney's history. A forensic toxicologist should be employed to advise on conducting these tests.

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9. Couch materials not tested to eliminate accidental fire caused by careless smoking 

According to DeHaan (1997): 

Cigarettes and cigars, being sources of smoldering combustion, are much more likely to ignite finely divided cellulose fuels like cotton padding than they are thermoplastics and foams that melt rather than char. Years ago, mattresses and upholstered furniture were made of cushions of cotton batting… covered with natural fiber fabrics of linen or cotton. Thus, a dropped cigarette could burrow into fuel, which would then in turn support a smoldering fire for an extended period of time.

From: 
Threshold Assessment 
Sandra Maloney, Equivocal Death
Report by: 
Brent E. Turvey, MS Forensic Science 
Forensic Scientist & Criminal Profiler

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10. Investigators failed to take a book of matches and a clock from the scene of the "crime" 

The investigators failed to take a book of matches that was located approx. ten feet away from the point of origin of the fire. Investigators also failed to take the living room clock. John Maloney had to tell the investigators to take this piece of evidence. Later they used the clock to determine a time frame of the "murder".

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11. No blood splatter found in home 

DCI claims the Sandy Maloney had "blunt force trauma to the head." If someone struck her in the head with an object, there should be blood splatter in the home. None was found. They also claim that the whole "crime" occurred in the top floor of the home, no blood was found anywhere upstairs. John Maloney's service revolver was confiscated and it was found not to be the blunt object. This blunt object has never been found.

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