Missing Without A Trace (16 page)

For example, when a child is reported missing, police enter a report into state and national databases in hopes of catching a break in the case. If, after thirty days, the child is still missing, the police are supposed to send medical and dental records to a state agency, which can use the records to identify a body in the future. According to the
Seattle Post-Intelligencer
, the State of Washington has about 2,100 missing-persons cases on file at any given time. About two-thirds of them, 1,400 cases, involve people who have been missing for thirty days or longer. But the
Post-Intelligencer
uncovered that the police had
never
followed up on nearly two-thirds of the 1,400 cases and the state and national files still did not include the medical and dental records of more than 900 missing persons.

Without this proper follow-up, several cases mistakenly remained open even after the missing person was found. But, worse, police
closed
cases based on unconfirmed sightings or rumors of the person’s whereabouts. This was the case with four women believed to be victims of the Green River Killer, who murdered forty-eight women in an area south of Seattle. Although the women had actually been dead at the time of the “sightings,” police had closed their cases and, because of these costly errors, they lost valuable clues to the killer’s identity.

According to the
Seattle Post-Intelligencer
, another problem with missing-persons investigations in the Seattle area was that, often,
the missing person was never reported missing
, possibly due to inconsistencies in report filings. “Some departments would accept only those reports filed by a family member; others would take them from friends or associates,” the article reported. “Some departments had a waiting period—three days in some cases—before they’d take a report. Some refused to take a report if the person lived or disappeared outside their jurisdiction.”

These are precisely the issues that precluded Tom Rider from convincing the police to open a case on Tanya—and, unfortunately, these issues are not unique to Seattle or Washington!

Consider a situation in which you realize that you haven’t heard from your Uncle Joe in a while. You call him and he doesn’t answer. His answering machine is full. You stop by his house and his mailbox is overflowing. You call his office and they say that one day, about two weeks ago, he just didn’t show up and they haven’t seen him since. Should the police take a report and open a case so they can find your uncle for you?

First, we have to consider whether this is an appropriate use of our police resources. Also, consider the possibility that Uncle Joe might not
want
you to find him. What if he went through a humiliating breakup with his girlfriend and went to Hawaii to mope for a while? What if he is on a bender and doesn’t want his relatives to know that he drinks? What if he has any one of a million secrets and all he wants to do is to go away to keep them private? Should our police departments help you find him, just because you don’t know what he’s been up to?

The fact is that every American adult has the right to privacy—even your spouse, sibling, parent or best friend. Children do not have the right to go missing, but we adults
may
choose to ignore our friends, leave our jobs, set our sights on a new destination and disappear into the sunset, never to be heard from again. We can do this on a whim and we do not have to ask permission or even tell anyone.
Any adult can be voluntarily missing
and many people
really do
want to disappear on purpose. It is not a crime and these people are entitled to their privacy. Even if police investigate such cases, they may not be able to divulge information about that person unless or until the person gives them permission to do so.

In some cases, “missing persons” have also been victims, survivors, and/or witnesses of previous crimes. Each state establishes its own rights and programs for people who have been involved in criminal or juvenile court proceedings. The federal Witness Protection Program, for example, is full of people who are missing because
they do not want to be found
.

If suspicious circumstances surround a person’s disappearance or it is out of character that the person can’t be found, the law enforcement agency in the jurisdiction where the person was last seen must decide whether the situation meets
their
qualifications. If it does, they will file a missing persons report. However, in the State of Washington, the local jurisdiction will make this decision on a case-by-case basis, and it is a grey area—not black and white. Therefore, when loved ones call the police in Washington about a missing adult, the police will first want to determine—by their own, subjective measures—if the person is missing against their will. Until they determine this, law enforcement will limit their involvement. This subjectivity slowed the investigation into Tanya Rider’s disappearance.

The issue is whether such determinations should be subjective. The answer is no.
All
police jurisdictions throughout the United States should follow the NCIC’s model. In terms of missing persons, the NCIC system covers:

• A person
of any age
who is missing and who is under proven physical/mental disability or is senile, thereby subjecting that person or others to personal and immediate danger;

• A person of any age who is missing under circumstances indicating that the disappearance was not voluntary;

• A person of any age who is missing under circumstances indicating that that person’s physical safety may be in danger;

• A person of any age who is missing after a catastrophe;

• A person who is missing and declared unemancipated as defined by the laws of the person’s state of residence and does not meet any of the entry criteria set forth above.

The FBI’s criteria are similar. The FBI will consider an adult’s disappearance a missing person incident and open a missing person file if the case involves:

• Disability (physical or mental limitations);

• Endangered person;

• Involuntary disappearance;

• Juvenile (a person under 21);

• Catastrophe Victim (missing after a catastrophe).

In situations that meet one of these conditions, the FBI declares the person missing and opens a record. However, when the missing person is over the age of twenty-one, the FBI requires that documentation be signed in order to protect the individual’s right to privacy.

By any such standards, the police in the Rider case should have filed a missing person report and initiated an investigation immediately. The circumstances of Tanya’s situation obviously indicated that her disappearance was not voluntary and that her safety, therefore, may have been in danger.

Furthermore, the Bellevue police told Tom that, since Tanya drove away from her night job at the Fred Meyer store, she had left their jurisdiction. They told him to return home and call his local police department. This was incorrect. According to Washington law, the correct jurisdiction is the local police department
where the person was last seen
. Rather than passing the buck to the King Country Police Department, the Bellevue police should have taken the report and investigated the case.

Further, since Tanya was a reliable worker who never missed her job without calling, and she suddenly missed several shifts in a row, her disappearance was clearly unexplained and suspicious. Given that she did not take money, left checks at home and only carried one credit card, her disappearance did not appear to be voluntary. Tom argued—rightly—that Tanya must have been unable to return to safety and that she must have been in danger. Still, the local police initially refused to investigate. By the time they did, it was almost too late. Tanya Rider suffered and almost lost her life as the direct result of law enforcement failing to ping her cell phone sooner.

What to Do If Someone You Love Is Missing

Your loved one is missing. What do you do?

First, remain calm. Panic will only hinder your ability to think straight.

The immediate question is whether to call the police right away or wait. Many people believe that you must wait twenty-four or even seventy-two hours before you can file a missing persons report.
This is not true! There is no required waiting period needed before filing a missing person’s report!
It is never too soon to contact the police if:

• someone witnessed an abduction or you have reason to believe that someone took your loved one;

• you know of suspicious circumstances;

• the missing person is a child or an adult under twenty-one years of age;

• the person is over the age of sixty-five;

• the person suffers from physical or mental illness;

• the person has been depressed or suffers from depression;

• the disappearance is out of character.

If someone witnessed an abduction or other suspicious circumstances, or you have reason to believe that someone took your loved one, call 911 immediately
.

In 2002, the Department of Justice completed a long term study looking at 880 cases of children who were kidnapped and murdered. This study found that 47 percent of these child victims were killed within the first hour. Within three hours, 71 percent are gone. Within twenty-four hours, we are down to a 9 percent survival rate. The first hour is what we call the “Golden Hour.” It is our best chance to recover an abducted child alive and, for this reason, when a child—or any loved one—goes missing, it is absolutely critical that you act swiftly and decisively.

To report that a person is missing, call 911 or visit a police station. You will need to describe the circumstances of the disappearance, with information about the last location where the person was seen. The police will also ask you to provide medical information, if any, for the missing person.

If you know that your child or another loved one has been abducted,
do NOT call their cell phone!
As long as that phone has power and is turned on, we have a chance to track it. If the phone rings and an abductor hears it and becomes aware of the phone, they will take it and turn it off and then the phone will no longer be of help.

Search

If your loved one is a child, start at the last place where you know that someone saw them. If your child is missing from a store or location outside of your home, immediately notify the store manager or security office as well as the local law enforcement agency. If your child is missing from home, you should thoroughly search the house. Check closets, in and under beds, inside large appliances, inside vehicles, the garage, attic, and any other place where your child could hide. If you do not find your child, contact the local law enforcement agency.

If your missing loved one is not a child, you first need to determine whether you have sufficient reason to believe that they are missing. Look everywhere that you can possibly think of. If you cannot find them, contact friends and family and ask if they have any idea where the person may be, if they have heard from them, or if they know of anyone else who might know where the person is. Enlist help in contacting more friends and family so you can focus your energy on other tasks. Anyone who makes these calls should keep track of everyone they talk to, recording the name, phone number, and time of the contact. Someone should stay by the phone at the missing person’s house at all times, in case the person calls or returns home.

If you search for the person and cannot find them, contact local law enforcement officials and file a missing persons report. Some jurisdictions will not classify a missing adult as a missing person.

In the case of Tanya Rider, each time Tom called 911, the dispatcher gave him a different homework assignment—to call the hospitals, to check and see if Tanya was in jail, and to call her family. Police will handle your case much more efficiently if you make these calls
before
you try to file a missing person report. Of course, if you have a witness or any reasonable
evidence that your loved one was a victim of foul play, you should call 911 immediately. Otherwise, you
do
have an obligation to look for the person, and this includes contacting family, friends and the local jails. (Normally, a hospital would have notified you if your loved one was in an accident, so you do not have to call the hospitals. However, if the person did not have their identification with them—such as if they were out for a jog—it is possible that the hospital did not know whom to contact.) If, after you’ve made these telephone calls, you still have no sign of your loved one, call the police. You have done your homework and, when you call, your case should meet the criteria of a missing person case.

If the police refuse to take a report, ask them to tell you their reasons why. Then, ask to speak to a supervisor. The longer you wait to file a report, your chances of finding your loved one safe and sound may diminish. Every minute counts.

If your missing loved one does not meet the criteria for the AMBER Alert or EMPA, don’t despair. At that point, cooperate with the investigating law agency and then begin to conduct your own search.

Look for clues to help find your missing loved one. Look for their belongings. Did they leave their car, keys, cell phone, purse or wallet, bankcards and/or money? Did they leave behind any other personal belongings that they always take with them? Did they leave a pet without making arrangements? If it is not customary for the person to leave without taking care of such things, this could signify that their disappearance is involuntary. On the other hand, if these items and a dear pet are gone, you must consider that your loved one might have left voluntarily. You can further investigate this by checking to see if any clothes are missing along with a suitcase, passport, etc.

While you are going through your loved one’s belongings, collect the person’s toothbrush and a hairbrush or comb. If the police do not initially want these, hold onto them. If your loved one is missing for thirty days, law enforcement will be
required
to enter DNA information into the
NCIC national system and to ask you for permission to obtain your loved one’s dental records.