From the Files of a Security Expert Witness

By Charles A. Sennewald

From the Files of a Security Expert Witness guides the reader through the experience of testifying in court on security issues in civil litigation. Written by one of the security profession's best-known expert witnesses, the book explores 36 cases that reflect the high drama of true crime, including kidnapping, rape, and murder. Many of these cases led to premises liability lawsuits based on claims of negligence, inadequate security, false arrest and imprisonment, excessive use of force, and others. Effective security specialists, whether or not they are considering becoming expert witnesses, should be familiar with the facts of these cases, their theories of liability and theories of defense.

Encompassing aspects of criminal and tort law, all within the context of forensic security consulting, this book offers valuable insights from an experienced security professional.

• Understand the role of a security expert witness through his involvement in actual civil lawsuits driven by criminal acts
• Explore the expert witness’s role in liability litigation, from forming opinions to being able to intelligently present beliefs to the legal community as well as to juries
• Learn practical, in-depth guidelines for becoming an expert witness through the firsthand experiences of a court-recognized authority

• Language: English
• Publisher: Elsevier Science
• Release date: Aug 9, 2013
• ISBN: 9780124116269

Charles A. Sennewald

Charles “Chuck” Sennewald, CSC, CPP, is an independent security management consultant and expert witness and the author of numerous Butterworth-Heinemann titles, including "Effective Security Management"; "Security Consulting"; "Retail Crime, Security and Loss Prevention: An Encyclopedic Reference;" "From the Files of a Security Expert Witness"; and earlier editions of this book "The Process of Investigation." Chuck is a graduate of California State University - Los Angeles with a BS degree in Police Science and Administration. Chuck is also the founder and first president of the International Association of Professional Security Consultants (IAPSC), and is a long-time member of ASIS International. He has lectured and is read in countries around the globe.

Book preview

1

Greene v. Holy Spirit Hospital

A young female employee of the Holy Spirit Hospital was abducted from the parking ramp, taken to an isolated area not far from the hospital, forcibly raped, and, during the rape, strangled to death and her body abandoned. The hospital was sued by the victim’s surviving family members. The lawsuit alleged the hospital’s security program was negligent and inadequate.

Keywords

appeal; case law; complaint; crime statistics; defendant; dismiss; hospital security; plaintiff; security program; rape

Contents

What happened?

Who was being sued, and why?

Who was involved?

When did it happen?

How did it happen?

Assessment of the security program

Assessment of crime statistics in the community

The results of my assessment

Postscript

What happened?

A young female employee of Holy Spirit Hospital was abducted from the parking ramp, taken to an isolated area not far from the hospital, forcibly raped, and, during the rape, strangled to death and her body abandoned.

Who was being sued, and why?

The hospital was being sued by the victim’s surviving family members. The lawsuit alleged the hospital’s security program was negligent and inadequate.

Who was involved?

• Vivian Greene, a 21-year-old nurse’s assistant, who typically worked the day shift at Holy Spirit Hospital.

• Danny Greene, a 23-year-old furniture salesman who married Vivian two weeks prior to the murder.

• Betty Rankowski, the mother of the victim, who was also a nurse’s assistant at Holy Spirit Hospital and worked the day shift.

• Jo Rankowski, the victim’s 12-year-old sister.

• Robert Corley, a 26-year-old newly released inmate from the state prison given an early release by the governor because of an act of heroism.

• James T. Trenton, the state governor who authorized the early and unexpected release of Robert Corley.

• Mr. and Mrs. McGrath, the resident managers of the state’s halfway house for released inmates.

• Tom Case, the director of security at Holy Spirit Hospital.

When did it happen?

On a Thursday evening in early December around 9:00 p.m.

How did it happen?

With no scheduled releases of inmates for the next two weeks, the McGraths planned on a well-earned vacation away from the residence and job as overseers of the state’s halfway house—that is, the strategy of temporarily housing and supervising newly released inmates in their transition back into society.

A week before the tragic crime, a riot in one of the prison’s cellblocks broke out. In the following pandemonium, inmate Robert Corley personally pulled a guard into a safe location, preventing any injury to the man, and in so doing incurred some risk to himself. This act of heroism came to the attention of Governor James Trenton who expressed his gratitude by authorizing an early release for Robert.

The unexpected release caught the McGraths off-guard. Should they cancel their vacation? After meeting and talking with Robert they felt comfortable with letting him stay alone in the halfway house in their absence. He understood the rules, which included no alcohol or drugs. They left Tuesday.

The week prior to the fateful event, the victim’s mother, Betty Rankowski, agreed to work a double shift on the next Thursday so a coworker could attend a party. It was a special favor for a friend. That meant that her daughter Vivian would have to drive home alone after the day shift. Because the newlyweds were struggling financially, they ate at Betty’s each evening, then went home in Danny Greene’s car to their small apartment. Each morning Danny would drop off Vivian at Betty’s house and the two nurses’ aides would drive to work together. At the end of the day they all gathered at Betty’s and had supper together.

On Wednesday, Robert, now enjoying his freedom and staying in the halfway house, borrowed a friend’s car and, with another ex-con, obtained marijuana, smoked it, and started partying with two female acquaintances. The partying included sex, along with smoking marijuana and consuming whisky, lasting into midday Thursday. During the partying, Robert’s friend injured his hand, either striking someone or something, and the two drove to Holy Spirit Hospital for emergency treatment of the injury.

Nothing eventful occurred during that daytime visit, other than Robert watching the staff.

That same Thursday Vivian and Betty drove to the hospital together in Betty’s car, reporting for work on the day shift. There was no evidence Robert saw either of them or they saw Robert.

At the end of the shift, Betty stayed at the hospital for the second shift and Vivian drove to her mother’s home where she met Danny and her little sister, Jo. The three ate while watching television. Following dinner, Vivian planned to drive her mother’s car back to the hospital’s parking ramp, followed by Danny. She would park on the third level, lock the car, walk across the skywalk into the hospital, and return the car keys to her mother. She would then return across the skywalk to the elevators in the parking structure and descend to the street level where Danny would be waiting at the curb.

Sometime right after Vivian drove out of that parking structure, Robert drove in, alone, and parked the car on the third level. It was a cold evening with a light dusting of snow. Not many cars were parked in the ramp and there was no parking attendant. The only planned oversight of the ramp was the periodic patrols of a hospital security officer. Robert sat in his vehicle with the driver’s door open, legs out, drinking whiskey, smoking, and listening to country music. One witness later testified she observed him and just assumed he was waiting for someone, although it struck her as odd because it was so cold and damp in the concrete structure and the young man didn’t appear to be dressed warmly enough. Another witness had a similar reaction.

Following supper and a couple television programs, Danny and Vivian cleaned the kitchen and prepared to return Betty’s car and go home. Vivian asked her sister if she would like to go with her. Jo said she’d rather watch television so they left her behind. Danny followed his wife and, as they approached the entrance to the hospital’s parking ramp, Danny parked parallel to the curb and watched his wife drive into the ramp’s entrance. He sat there with his motor running, headlights on, music playing, with the wipers moving slowly, whisking away the powdery snowflakes. He expected to wait for her perhaps 10 minutes at the most.

Robert, still sitting in his car (the only car in that area) watched Vivian pull into a space close to him, get out of her car, and start toward the skywalk. He stood up, pretending he was about to walk into the skywalk, and, as she passed near him, he reached out and grabbed her arm. She was startled and speechless. He pulled her to his car telling her he wouldn’t hurt her if she didn’t scream and complied with his instructions. She begged him not to hurt her, that she would do as he said, and that if it was drugs he wanted, she could get some because she worked in the hospital. He forced her into the passenger side of the car and told her he’d kill her if she screamed. She was anxious not to alarm him or trigger him into acting violently and acquiesced to each command. He told her to get down on the floorboard with her head under the glove box so she couldn’t be seen, and drove slowly out of the ramp. When he reached the exit and the street there was a car to his left with its headlights on. He made a left turn in front of the car and proceeded away with her still crouching on the floor.

Danny watched a car slowly exit the ramp. His headlights fully illuminated the old Chevrolet and the young man at the wheel. There was absolutely nothing suspicious about this, but Danny had an unexplainable eerie feeling and was curious as to why the man turned left since it would only lead, some blocks down the street, to the railroad yards and a dead-end. Not four minutes had elapsed since Vivian drove into the ramp.

A couple minutes later, the same old car approached Danny from his rear. Danny was right about the driver turning in the wrong direction. As the car slowly passed him again, the same spooky feeling returned. He did not have a reason for this chilling feeling but did consciously make a mental note of the car’s license plate.

Robert drove with his victim still crouched on the floor to a remote location by the river and, while parked there, raped the young bride. In the process of raping the woman, he decided to choke her to death to feel any contractions that might occur during the process.

When he finished, he dumped her nude body in the weeds along the roadside and returned to the halfway house.

After waiting 15 minutes for Vivian, Danny became impatient and drove onto the ramp to see what was keeping her. On the third level he spotted Betty’s car. It was locked. He walked over the skywalk and into the hospital and found his mother-in-law and asked where Vivian was. Betty said she hadn’t seen Vivian. They conducted a search of the hospital. Security was asked to assist and one of the two officers joined in the search. It was finally concluded Vivian wasn’t in the hospital, wasn’t in the car, and wasn’t at Betty’s house. No one answered the phone in the Greene’s apartment, so the police were summoned to the hospital. During the on-scene investigation Danny informed the police of his observation of the old Chevrolet, described it and the driver, and repeated the license number he had