Families of Missing Persons Face Ambiguous Loss

Families of Missing Persons Face Ambiguous Loss

HANDS

It is said, ambiguous loss is the most traumatic of human experiences, and when someone you love goes missing, it is a trauma unlike any other.

Ambiguous loss occurs without understanding or closure, leaving a person searching for answers. Ambiguous loss confounds the process of grieving, leaving a person with prolonged unresolved grief and deep emotional trauma.

Ambiguous loss can be classified in two categories, psychological and physical. Psychological and physical loss differ in terms of what and why exactly the person is grieving.

Physical ambiguous loss means the body of a loved is no longer present, such as a missing person or unrecovered body, resulting from war, a catastrophe such as 9/11 or kidnapping, but the person is still remembered psychologically because there is still a chance the person may return. Such is the case with a missing person. This type of loss results in trauma and can cause Post Traumatic Stress Disorder (PTSD).

Psychological Loss is a type of loss that is a result of a loved one still physically present, but psychologically absent. Psychological loss can occur when the brain of a loved one is affected, such as traumatic brain injury or Alzheimer’s disease.

When a person goes missing, loved ones are left with more questions than answers, leaving them searching, not only for the missing person but for answers.

Professor Emeritus at the University of Minnesota, Dr. Pauline Boss is a pioneer who has studied ambiguous loss since 1973, and her decades of research have revealed those who suffer from ambiguous loss without finality, face a particularly difficult burden. Whether it is the experience of caring for a parent with Alzheimer’s disease, or someone awaiting the fate of a family member who has disappeared under suspicious circumstances or a disastrous event such as 9/11 or Hurricane Katrina, the loss is magnified because it is linked to lack of closure.

Those experiencing ambiguous loss find it difficult to understand, cope and almost impossible to move forward with their lives without professional counseling, love and support.

Experiencing grief is a vital part of healing, but ambiguous loss stalls the process of grieving, sometimes indefinitely. With the possibility a missing person may be alive, individuals are confounded as to how to cope.

Parents and family members of missing persons say there is no such thing as closure. Dr. Pauline Boss says the idea of closure can lead us astray – it’s a myth that needs to be set aside, like accepting the idea grief has five linear stages and we simply come out the other side and done with it.

Five Stages of Grief

It is widely accepted there are five stages of grief:

  1. Denial
  2. Anger
  3. Bargaining
  4. Depression
  5. Acceptance

While many helpful programs are focused on these various stages, they are not necessarily experienced on order, nor are they inclusive to other issues that commonly arise, and they certainly do not include what a family experiences when a loved one goes missing.

In my nearly 30 years working with families of missing persons and unsolved homicides, I have witnessed all stages of grief and ambiguity, finding the profound effects of a loved one going missing is multi-generational and all encompassing.

Family members of missing persons must live with people’s misconception that the individual or family must move on. Like PTSD flashbacks, a missing loved one is a traumatic event that does not end, and each life event is a reminder the individual, is gone without a trace.

Graveside

Those of us who have never experienced having a loved one disappear, tend to react to situations using our own experiences and may relate the disappearance of an individual to the death of someone we have loved passing away. The problem is, with a missing person there is no place to grieve, to visit, no physical body to mourn.

Constant daily uncertainty is a major source of stress, emotionally, physically, psychologically and with a missing person, the uncertainty does not dissipate. When others expect one to move on, they commonly do not understand circumstances simply do not allow it.

It is not uncommon for families to experience all phases of ambiguous loss taking a toll both physically and mentally. While I was there to help, I often found myself the one who was thankful as I was blessed to see and meet, the most amazing, strong, and courageous individuals. Getting to know these families made me face my own vulnerability and the fact this can happen to any family.

The most moving of my recollections is of a young mother who had gone missing under suspicious circumstances. Her mother had contacted me and knew something terrible had happened to her daughter, insistent police needed to investigate more aggressively.

She had been missing a year during Christmas of 2002. Her mother called me to discuss her daughter’s case and told me that her granddaughter had written a letter to Santa and wanted to read it to me.

The little girl wrote:

“Dear Santa, I am not writing you for toys this year. The only thing I want for Christmas is for my Mommy to come home.”

My heart broke for this little girl. Little did I know, fast forward fifteen years later, I would be having a conversation with the same child. She had grown into a beautiful young lady and miraculously living a normal life despite growing up without her mother who remains missing. Not all are so fortunate.

Sometimes we forget how many people are impacted when a loved one goes missing. Children of missing persons, siblings, grandparents, parents, and other family and friends. The impact is immeasurable on the family structure and one needing to be studied further. What we do know, is the trauma of ambiguous loss affects everyone differently and a family can quickly spiral out of control without immediate intervention.

When a person goes missing, children are displaced, families can suffer financially due to loss of income or assets becoming tied up in the legal process, siblings of missing persons, children especially, face numerous obstacles when being raised in a household where ongoing trauma is occurring and they must live in the shadow of someone no longer there.

With missing children, parents are faced with the “not knowing” on a day to day basis. When an adult child goes missing, parents are not only left with the “not knowing”, they also face the possibility of raising their grandchildren.

As with the young girl who I watched grow up, her grandmother somehow found the courage to raise her granddaughter while continuing to search for anything leading to her missing daughter. She had found a balance providing a healthy and loving environment for her granddaughter, while facing she may never see her own daughter again.

The Office of Juvenile Justice and Delinquency Prevention published a handbook When Your Child is Missing: A Family Survival Guide to help families with the crisis of having a missing child.

Though not the product of abstract academic research, it was written by parents of missing children, with the assistance of law enforcement and youth professionals, containing critical information, guidance and tools parents need to help find their missing child while making every effort to focus on staying healthy. The guide contains much information to simply help families make it through a day.

Many of the parents who helped write the handbook, I had the honor of working with over the course of decades. Following, we will summarize the first 48 hours a family must make it through when a loved one goes missing. While it is focused on families who have missing children, this handbook is an important resource for anyone with a missing person in their life, regardless of age.

While the handbook contains steps to take to effectively work with law enforcement, media volunteers, how to disseminate fliers, and more – the most important part of the handbook is Chapter 7 focusing on maintaining health, preparing for the long term, the importance of not utilizing substances and medications to deal with the loss, and uniting with your remaining children focusing on their security and potential emotional issues.

“Hanging onto my sanity for a minute at a time often took all of my energy. I could not begin to look several days down the road,” said Colleen Nick, mother of Morgan who vanished June 9, 1995.

When your child is missing, you are overwhelmed with questions from police, neighbors, family and friends, and the media. At times, a parent may be faced with decisions they never thought they would have to make. One can begin to feel isolated, confused and utterly desperate with nowhere to go for support, but there is hope and it is found in the experience of other parents of missing persons who are courageous, and in my opinion, heroic.

The First 24 Hours (A Child is Missing: A Family Survival Guide)

  • Immediately report your child missing to local law enforcement. Ensure law enforcement enters your child’s data into the National Crime Information Center (NCIC), and notifies the National Center for Missing & Exploited Children (NCMEC).
  • Request police issue a “Be On the Look Out” (BOLO) message.
  • Limit access to your home until police have arrived to collect evidence. It is important not to touch or remove anything from your child’s room.
  • Ask for the contact information of the law enforcement officer assigned to your case. Keep in a safe place.
  • Provide law enforcement with facts related to the disappearance of your child, including what has already been done to find the child.
  • Have a good photograph available of your child and include a detailed description of your child and what your child was wearing.
  • Make a list of friends, family and acquaintances and contact information for anyone who may have information about your child’s whereabouts. Include anyone who has moved in or out of the neighborhood within the last year.
  • Make copies of photographs of your child in both black and white and color to provide to law enforcement, NCMEC, and media.
  • Ask your law enforcement agency to organize a search for your child both foot patrol and canine.
  • Ask law enforcement to issue an AMBER ALERT if your child’s disappearance meets the criteria.
  • Ask law enforcement for guidance when working with media. It is important not to divulge information law enforcement does not want released to media possibly compromising the recovery efforts of your child.
  • Designate one individual to answer your phone notating and summarizing each phone call, complete with contact information for each person who has called in one notebook.
  • In addition, keep a notebook with you at all times to write down thoughts, questions, and important information, such as names, dates and telephone numbers.
  • Take good care of yourself and your family because your child needs you to be strong. Force yourself to eat, rest and talk to others about your feelings.

The Next 24 Hours

  • Ask for a meeting with your investigator to discuss steps being taken to find your child. Ensure your investigator has a copy of Missing and Abducted Children: A Law Enforcement Guide to Case Investigation and Program Management. They can call NCMEC at 1-800-THE-LOST to obtain a copy. In addition, ask them to contact the Crimes Against Children Coordinator in their local FBI Field Office to obtain a copy of the FBI’s Child Abduction Response Plan.
  • Expand your list of friends, acquaintances, extended family members, landscapers, delivery persons, babysitters and anyone who may have seen your child during or following their disappearance or abduction.
  • Look at personal calendars, newspapers and community events calendars to see if there may be any clues as to who may have been in the area and provide this information to law enforcement.
  • Understand you will be asked to take a polygraph. This is standard procedure.
  • Ask your law enforcement agency to request NCMEC issue a Broadcast Fax to law enforcement agencies throughout the country.
  • Work cooperatively with your law enforcement agency to issue press releases and media events.
  • Talk to law enforcement about the use of a reward.
  • Report all information and/or extortion attempts to law enforcement immediately.
  • Have a second telephone line installed with call forwarding, Caller ID and call waiting. If you do not have one, get a cell phone so you can receive calls when you are away from home and forward all calls to it.
  • Make a list of what volunteers can do for you and your family.
  • Contact your child’s doctor and dentist and request copies of medical records and x-rays to provide to police. Ask the doctor to expedite your request based upon the circumstances.
  • Take care of yourself and your family and do not be afraid to ask others to help take care of your physical and emotional needs. Your remaining children need to know you are also there for them while staying strong and healthy for them all.

The resounding message here is family members of missing persons must take care of themselves and include others in their journey to help them along when they are tiring.

For more information about obtaining a copy of A Child is Missing: A Family Survival Guide please contact NCMEC at 1-800-THE-LOST or obtain a copy here https://www.ojjdp.gov/pubs/childismissing/contents.html

The Disappearance of Morgan Nick

It was June 9, 1995, on a beautiful evening in the small town of Alma, Arkansas. Alma is located along I-40 within the Arkansas River Valley at the edge of the Ozark Mountains with a population under 5,000 people.

That evening was the first time 6-year old Morgan Nick had gone to a baseball game. Her mother Colleen was attending the Rookie League game at the Alma ballpark and Morgan had whined about having to sit next to her mother in the bleachers. There was a nearby sand pile with other children playing and Morgan wanted to play. It was within eyesight and only seconds away, so Colleen consented.

Morgan Nick, age 6, vanished from Alma, Arkansas on June 9, 1995

Morgan Nick, age 6, vanished from Alma, Arkansas on June 9, 1995

Morgan ran to the sandpile, laughing with the other children while Colleen turned her head back to watch the Marlins and Pythons. A player whacked the ball and two runners tied the game, then a run was scored, and the Pythons won the game. The sound of the crowd cheering was deafening.

When Colleen stood up, she could see Morgan’s playmates walking down the hill away from the sandpile, but where was Morgan? It was approximately 10:30 p.m.

The children told Colleen, Morgan was pouring sand out of her shoe near her mother’s car parked nearby. Colleen frantically searched. Morgan was gone.

Later, the children would tell police they saw a man approach Morgan. Another abduction attempt had occurred in Alma the same day and police had a composite sketched based on witnesses of the other incident.

Thousands of leads later, numerous appearances on national news talk shows, even America’s Most Wanted, and Morgan’s mother is nowhere closer to knowing what happened to her daughter. Police have interviewed hundreds of persons of interest, searched homes and wells, and dug up slabs of concrete with backhoes, but Morgan remains missing 23 years later.

The stakes are high when a person vanishes involuntarily.

Morgan’s mother Colleen spent years keeping Morgan’s room the way it was when she vanished. She bought Christmas presents and a birthday present each year, hoping Morgan would someday return to open them.

The emotional toll is beyond words.

On Morgan’s Birthday, September 12, 2014, Colleen wrote an Open Letter to Morgan, posted on the NCMEC blog.

A Letter to Our Missing Daughter Morgan Nick

Dearest Morgan,

Today is your 26th birthday. Today marks twenty birthdays without you here. We miss you so desperately and our hearts are ragged with grief. We have searched for you every single day since the day you were kidnapped from us at the Little League Baseball field in Alma, Arkansas.

You were only 6 years old. We went with our friends to watch one of their children play in the game. You threw your arms around my neck in a bear hug, planted a kiss on my cheek, and ran to catch fireflies with your friends.

It is the last time that I saw you. There have been so many days since then of emptiness and heartache.

On this birthday I choose to think about your laughter, your smile, the twinkle in your sparkling blue eyes. I celebrate who you are and the deep and lasting joy that you bring to our family.

I smile today as I think about your 5th birthday. For that birthday, we took you to the Humane Society with the promise of adopting a kitten. You, my precious little girl with your big heart, took one look around the cat room and picked out the ugliest, scrawniest, most pitiful looking kitten in the entire place. Such a tiny little thing, that it was mostly all eyes.

Dad and I used our best parental powers of persuasion to get you to pick a different kitten, to look at the older cats, to choose any other feline besides that poor ugly kitty. It looked like someone had taken the worst leftover colors of mud, stirred them together, and used them to design a kitten. 

You planted your five-year-old feet, looked us straight in the eye and declared that this was the kitten you were taking home. No ifs, ands, or buts about it. You would not budge, and you resolutely refused to take a second look at any other cat or kitten in the room.  You had a fire of conviction in your heart.

The unexpected obstacle we faced was we were not able to adopt on that Saturday but had to wait until Monday to finalize. For the rest of the weekend and all-day Monday, you fretted and pouted and worried someone else would take “your” kitten home with them. We tried to assure you that no one else would want that cat. We didn’t want to say it was because it was so tiny, or so ugly, or so-nothing-at-all-but-eyes. You could see only beauty and you were in love.

Finally, Monday afternoon came, and dad brought it home with him after work. In that moment, your daddy was your biggest hero because he had saved your kitten.

You tenderly snuggled that little bit of fur into your arms and declared that her name was Emily. You adored your new kitten and she loved you right back. Emily gained some weight and filled out a bit. Her colors started to take shape. We began to see the same beauty in her that you had seen in that very first moment.

Where you went, Emily went. You played together. You ate together. You watched Barney together. You slept together.

Which brings me to the photo. It captures everything we love about you. I would slip into your room late at night and stand there, watching the two of you sleeping together, in awe of your sweetness, and my heart would squeeze a little tighter.

Morgan 6

So many birthdays have passed since then. So many days since a stranger ripped you from our hearts.

My sweet girl, if you should happen to read this, we want you to know how very important and special you are to us. You are a blessing we cannot live without. We feel cheated by every day that goes by and we do not see your smile, hear your bubbly laughter, or listen to your thoughts and ideas. We have never stopped believing that we will find you. We are saving all our hugs and kisses for you. 

Please be strong and brave, with a fire of conviction in your heart, just like the day you picked out your kitten!

On this birthday we promise you that we will always fight for youWe will bring you back home to our family where you belong. We will always love you! We will never give up. 

Love Mom (Colleen Nick) & Dad

One cannot help but feel the Nick family’s loss. So many birthdays, so many Christmases, so many days wondering if Morgan is alive. How on earth have they done it?

Hope is incredibly important in life for health, happiness, success and coping. Research shows optimistic people are more likely to live fulfilling lives and to enjoy life. In addition, hope relieves stress reducing the risk of many leading causes of death such as high blood pressure and heart attacks.

Having hope takes a special kind of courage I have found so many families of missing persons have mustered during the most difficult time of their lives . . . not just one season but many Seasons of Hope.

How to File an Insurance Claim for a Missing Person

How to File an Insurance Claim for a Missing Person

The FBI’s National Crime Information Center (NCIC) contains over 89,000 active missing persons cases (as of May 2018). That’s over 89,000 families who are left with a gaping hole in their lives and in their households—missing fathers who taught their children to ride bikes and were never too busy to help out with a science project—mothers who made PB&J sandwiches just right, and never forgot to leave the hall light on. Most notably, many families are left without half of their household income when a parent or guardian goes missing. The missing person may have set up a life insurance policy to ensure their families would be cared for in the event of their death, but stymied law enforcement have recovered no remains, so the insurance company refuses to pay out. The family is left without any soil to begin filling the hole where the missing loved one once stood.  

The emotional roller coaster that ensues when a loved one goes missing is fraught with fear, confusion, and desperation for answers. Every waking moment, you wring your hands, hoping the loved one is safe and simply unable to communicate for rational reasons. Days go by—you cooperate with investigators and give them all the available information you have on the missing person. Weeks pass, but life goes on, even amidst a tragedy. When you consider the financial ramifications of picking up after a partner or spouse vanishes, the numbers are discouraging. A 2012 report by Legal Momentum determined the median income for two-parent families was $89,455. The median income for a single mother household was $25,493, while a single father’s income is $36,471. Those single parent incomes account for 31% and 40% of the two-parent income, respectively. How is a single parent suddenly supposed to take care of their family when nearly half their household income evaporates following the disappearance of their partner or spouse?  

In the days or weeks following the death of a parent or loved one, the beneficiary of their life insurance policy will contact the company and submit a death certificate to prove the owner of the policy is deceased. In the case of a missing person, there is no death certificate without first coordinating what is called a “presumption of death.” The Indian Evidence Act, Section 108 states presumptions of death can only be made when a person has been missing for at least seven years from the date of the initial missing persons report. This is known as the First Information Report (FIR). After the mandatory period has passed, the beneficiary may receive the claim.

In addition to the too-familiar scenarios normally surrounding missing persons—people who run away, people who are abducted, people who fall off of cruise ships or disappear from trails in national parks, etc.—other events that often fall under this legislation are missing persons who vanish during the calamity of natural disasters, such as tornadoes or hurricanes. After the flood that devastated Uttarakhand in 2013, P Chidabaram, the Finance Minister of India, asked the country’s largest life insurance provider, Life Insurance Corporation of India, to waive the traditional seven year period, having the company sign indemnity bonds so claims could be closed swiftly. The 2018 Atlantic hurricane season was particularly devastating, with two of the total eight hurricanes rated a category three or above. Hurricane Michael tore through the Florida panhandle like tissue paper, blowing Mexico Beach completely off the map. Initially, 285 people were unaccounted for in the town’s population, but was later reduced to 46 as residents were either located post-evacuation, or rescued from the wreckage. The California Camp Fire has killed 60 people to date—the deadliest in history—has displaced thousands of families attempting to outrun the flames, with many unable to contact their loved ones and let them know they’re safe. On November 14, 2018, the Butte County Sheriff’s Office released a list of 103 people who have been reported missing since the blaze began. “If your name is on the list, it means that someone is looking for you,” Sheriff Kory Honea said. “Let us know that you’re okay, so that we can stop our search for you and start looking for someone else.” That list has now swelled to 300 names and is expected to continue climbing.

mike williamsWorking closely with law enforcement is a major tenant of a successful claim on a missing persons’ life insurance policy, particularly on the presumption of death. The Indian Evidence Act only requires a beneficiary to wait seven years from the date of the FIR before filing the claim, but depending on where you live in the United States, law enforcement can use evidence to prove a missing persons’ death, even when a body cannot be found—for example, the case of Mike Williams, a man who went missing on a duck-hunting trip in Florida in 2000. Police found his boat floating abandoned on Lake Seminole, which prompted them to drag the lake in search of his remains. When no trace was found, authorities formed the theory Mr. Williams had fallen off the boat and was subsequently eaten by alligators. This theory of the accident explained why no body was ever recovered, allowing his widow to obtain a death certificate and collect on his $1 million-dollar insurance policy. Seventeen years after her husband was reported missing, Denise Williams was indicted on murder charges after her second husband (and Mike’s best friend), Brian Winchester confessed to killing Mike in conspiracy with his wife for the insurance money.

Law enforcement’s theory about Mike Williams disappearance created a loophole you could drive a truck through, but not all beneficiaries of life insurance policies can depend on this loophole. In some states, with the help of legal representation, beneficiaries of the missing insured can begin legal proceedings that would accelerate the issuance of a death certificate, but this comes with a much higher burden of proof, and demands a pool of evidence that would stand up to the most thorough, independent investigation procedures. In the event such evidence of death cannot be found, there is a procedure in place for those who must wait seven years following the filing of a FIR. After seven years, the beneficiary of the insured, or the heir of the insured, must submit the following documents to the insurance company:

  • Claimant’s statement form signed by the nominee of the legal heir
  • Copy of the FIR and the missing person’s report filed with the police
  • Original policy contract documents or indemnity bond
  • Copy of death certificate, or a court order presuming the person is dead after the lapse of seven years

When a loved one goes missing, a family is left in a stasis, paralyzed by their fear and ‘what-if’ games while the world selfishly continues to spin. Eventually, families need to pick up the pieces, a process eased by the financial support set up for them by the missing insured, but only if they can file a claim. If you have recently set up a life insurance policy for your family, educate them on the process of filing a claim should you go missing without a trace.

Why Are Cases of Murdered and Missing Indigenous Women Being Ignored?

Why Are Cases of Murdered and Missing Indigenous Women Being Ignored?

Indigenous women in this country are more likely than any other group to be raped or murdered. The salt in this gaping wound is they are also least likely to see justice. Indigenous women in this country are more likely than any other group to be raped or murdered. The salt in this gaping wound is they are also least likely to see justice. These are very passive terms, but there are no others, because the amount of data available about violent crimes against indigenous women is dwarfed in comparison to those of other groups. Last year, there were 5,646 Native American women entered into the National Crime Information Centre (NCIC) as missing. As of June 2018, there had been 2,758 reported missing. Many of their families have claimed no one bothered to investigate.

The jurisdictional issues surrounding cases occurring on reservations is a giant knot of Christmas lights; difficult to unravel, involving federal, state, and tribal law. It can sometimes be unclear to investigating bodies exactly who should be looking for answers. These cases become stillborn while law enforcement plays jurisdictional musical chairs—trails go cold, witnesses disappear, or develop amnesia, evidence is eroded. These women are not likely to be found, nor are their cases likely to be prosecuted. The disappearance of Ashley Loring HeavyRunner is a chilling example. She went missing from the Blackfeet Reservation in Montana in June of 2017. Her sister begged for help from the Indian Bureau of Affairs, and the FBI did not investigate until March of 2018, nine months later.    

Despite the fact tribes on the reservations are guaranteed self-government by the Constitution, the more serious crimes fall under the jurisdiction of the FBI. The FBI is not obligated to notify them if a member of their tribe is reported missing or murdered. On top of that, the crimes do fall under tribal jurisdiction are placed in the hands of a woefully understaffed force. “A lot of times it doesn’t go beyond the missing persons report,” said Marita Growing Thunder, a 19-year-old murdered and missing indigenous women (MMIW) activist.

Annita LucceshiIn fact, the work being done to preserve information about murdered and missing indigenous women is being performed in large part by private citizens, like Annita Lucceshi, a PhD student at the University of Lethbridge in Southern Alberta. “I realised how difficult it is to get a sense of just how many murdered and missing women there are because it changes constantly and there is so little official information,” Annita told Independent. The database she has compiled goes back a little over a century, and she described her experience with obtaining accurate information to be heavy labor. “The police are not helpful. Typically, I get no response at all. If I do, they say they don’t collect the data, or that they won’t be able to pull that information.”

It gets worse. In preparation for his film Wind River, director Taylor Sheridan paid a handful of lawyers to compile a statistic regarding murdered and missing indigenous women. After three months, they came back empty-handed, but had learned some disturbing facts along the way. As recently as 2013, sexual assault of a Native woman by a non-Native could not be prosecuted because it was a state crime on federal land. Natives accused of crimes against non-Natives can be prosecuted twice, by the federal government and by tribal police. This was rectified when the Violence Against Women Act gave criminal jurisdiction over non-indigenous people who commit sexual violence against Native American women.

Missing and Murdered Indigenous Women In 2015, the Department of Justice announced they were developing the Tribal Access Program for National Crime Information (TAP) so tribes can enter and view information in the federal NCIC database, thereby streamlining muddled communications between investigating bodies. Ten tribes were selected for the beta-test of this new system, but as of 2016, some had not received their TAP terminals. Once again, the wheels of justice turn at a glacial pace for missing and murdered indigenous women.

Carie McMichael is the Communication and Media Specialist for Lauth Investigations International, a private investigation firm based in Indianapolis, Indiana–delivering proactive and diligent solutions for over 30 years. For more information, please visit our website.

Police vs. Private Investigation: The PI Advantage

Police vs. Private Investigation: The PI Advantage

For months, the family of 5-year-old Lucas Hernandez wondered if they would ever have answers in his mysterious disappearance. On the day he disappeared, he was left in the care of his father’s girlfriend, Emily Glass. In the missing persons report Glass gave to investigators, she said she saw Lucas playing in his room around three in the afternoon. She then took a shower and fell asleep. When she awoke around six in the evening, Lucas was nowhere to be found.

Law enforcement in Wichita investigated for months, unearthing no credible leads into Lucas’ disappearance. Months later, on May 24th, locals were shocked after a private investigator blew the case wide open by informing law enforcement Emily Glass had led them to the decomposing remains of little Lucas under a nearby bridge. Why would Glass, after dealing with law enforcement for months, only then break her silence regarding her knowledge of the little boy’s body? The answer is as simple as this: Private investigators have advantages law enforcement do not when it comes to conducting concurrent independent investigations in criminal and missing persons cases.

So how is a private investigator’s approach different from the approach of a local, state, or federal law enforcement agency? The first thing to consider is the caseload of most law enforcement agencies. From the moment an initial report is made, in both criminal and missing persons cases, law enforcement have the meticulous and overwhelming task of gathering evidence to build a case that will secure justice on behalf of the victims and the state. Crime scenes need to be mined for evidence by medical examiners and crime scene technicians. Detectives and other investigators need to canvass witnesses—sometimes dozens of people—in the area who might have seen or heard something. Now imagine the workload of one case multiplied by 40 or 50 times. An audit conducted in Portland Oregon in 2007 reviewed law enforcement data from Portland itself, and nine other surrounding cities, to conclude the average caseload for a detective in Portland was a median of 54. This is compared to a 5-year average of 56 cases. Knowing statistics like these are similar in law enforcement agencies all across the country, it’s easy to see how the progress of cases might slow to a crawl. Agencies are overwhelmed, and this is where private investigators have the advantage. Private investigators may only handle one or two cases at a time, giving them their full focus and attention. Wichita law enforcement might have faced similar challenges of an overwhelming caseload when it came to investigating Lucas Hernandez’s disappearance. An article released by the Wichita Eagle in mid-December of 2017 revealed, as of publication, there were still ten homicides from the year 2017 remaining unsolved as the new year approached.

Another compelling advantage for private investigators might initially sound like a disadvantage: Private investigators have no powers of arrest. It seems counter-intuitive that a private investigator may use the same tools as law enforcement, ask the same questions, and may even come to the same conclusion as law enforcement without the ability to arrest a suspect for the crime. However, the case of Hernandez showcased exactly why a private investigator—and their inability to arrest—broke the case wide open. Jim Murray of Star Investigations told KMBC News in Kansas, “We’re less of a threat sometimes to people that we’re talking to because we have no powers of arrest,” said Jim. “We can’t arrest them.” This could explain why Emily Glass finally led a private investigator to Lucas’s body, because she knew they could not put handcuffs on her in that moment.

Unfortunately, family members and locals will never have the truth about what happened to Lucas. In the wake of the private investigator’s discovery, autopsy reports were found to be inconsistent with what Glass told both police and the PI, but before the People could build a case against her, Glass was found dead from an apparent suicide. However, were it not for the efforts of the private investigator, Lucas’s father may never have had answers in his son’s disappearance.

Carie McMichael is the Communications and Media Specialist for Lauth Investigations International, writing about investigative topics such as missing persons and corporate investigations. To learn more about what we do, please visit our website.