Parents on Alert Following Closs Case

Parents on Alert Following Closs Case

Jayme Closs vanished October 15, 2018 and found alive 88-days later in rural Wisconsin. Photo courtesy WOKV TV.

Jayme Closs vanished October 15, 2018 and found alive 88-days later in rural Wisconsin. Photo courtesy WOKV TV.

The recent disappearance of Jayme Closs, 13, and the brutal murder of her parents, gripped the nation for nearly 3 months. Jayme’s abduction, and eventual recovery, has parents now wondering how safe their own children are when traveling to and from school.

On October 15, 2018, Barron Sheriff’s Department received a cell phone call from a local residence but were unable to make contact with the caller. We now know that urgent call came from Denise Closs, 46, just moments before she was brutally murdered in front of her own daughter and just following the murder of her husband James, 56.

Police arrived within minutes of the 911 call made from the home.

When police arrived at the Closs home, outside of Barron, WI, they found both parents deceased from gunshot wounds.  Jayme was missing.

For months, law enforcement conducted searches looking for the missing 13-year old, puzzled as to why the perpetrator had murdered both of Jayme’s parents in the home, but not Jayme.

According to Jack Levin, professor and co-director of Northeastern University’s Center on Violence and Conflict, it’s unusual for a double murder to be linked to a missing child case. “You almost never see this,” Levin said.

The Closs home sits along Highway 8, a two-lane highway outside of Barron, surrounded by woods. The highway is the main road through the city and then extends to surrounding areas.

Day, weeks, and months went by with no sign of Jayme, then 88 days after her disappearance Jayme made her escape.

Former Attorney General and Judge Brad Schimel, who led the Wisconsin Department of Justice investigation of the Closs case, says investigators always had reason to believe Jayme was alive.

After her recovery, Jayme told police she could hear sirens seconds after being bound, gagged and kidnapped from her home. We find out now, the suspect, Jake Patterson, 21, even yielded to sheriff deputies when they were speeding to the Closs home. While Police Responded to the crime scene, Patterson made an 80-mile drive back to his home in Gordon, with Jayme in the trunk of his vehicle.

Immediately, Barron County Sheriff called in the Wisconsin Division of Criminal Investigation for help. “Within a matter of a couple hours, we can have 40 to 50 agents at the scene of a major investigation,” said Judge Brad Schimel.

CBS 58 Investigates sat down with Judge Schimel, who left office only four days before Jayme was found. “At what point did you stop thinking she might have been killed that night too?” CBS 58 Investigates asked Judge Schimel. “Well, when she didn’t turn up somewhere in a matter of couple days, then we had great hope,” Judge Schimel replied. He added after two people are so brutally murdered, taking the teen alive would be a liability and only made sense if the perpetrator intended on keeping her.

In addition, with hunting season and thousands of Wisconsin residents in the woods hunting, they had even more hope when there were no discoveries of bodies in the woods.

“We believed someone was holding her, which is not good,” said Judge Schimel. We knew that meant this was a very difficult life for her but being alive is a very good thing.”

According to a criminal complaint filed by investigators, Jayme’s kidnapper decided to abduct her after watching her get on a school bus. He was planning on hiding her at a remote cabin until she escaped on January 12, 2018.

Remote cabin where kidnapper Jake Patterson held Jayme Closs for 88 days. Photo courtesy Fox 11 News.

Remote cabin where kidnapper Jake Patterson held Jayme Closs for 88 days. Photo courtesy Fox 11 News.

“At that moment,” he said, “he knew that was the girl he was going to take,” the complaint said.

Patterson went to Jayme’s house two times in the days before abducting her.

On the evening Jayme was abducted, Jayme told police, she was sleeping in her room when the family dog began barking. She woke her parents when she saw a car coming up the driveway.

According to the complaint, Jayme and her mother, Denise, hid in the bathroom. They both heard a gunshot, and she knew her father, James, had been killed.

Denise began calling 911 but Patterson broke down the bathroom door, told her to hang up and directed her to tape Jayme’s mouth shut. When Denise complied, Patterson shot her. Following, Patterson taped Jayme’s hands and ankles and dragged her out to his car, throwing her in the trunk and driving away as sirens began to sound, the complaint said.

Patterson had shaved his face and head as well as showered prior to the attack in an attempt to minimize DNA evidence. He dressed in all black. He took his license plates off his car and put stolen plates on while disconnecting the dome and trunk lights.

He took her to a cabin he claims was his, ordered her into a bedroom and told to take her clothes off, the complaint goes on to say.

He put her clothes in a bag and talked about having no evidence. Whenever he had friends over, he made clear that no one could know she was there or “bad things could happen to her,” so she had to hide under the bed.

He would stack totes, laundry bins and barbell weights around her so she could not move without him noticing. The complaint says Jayme was kept up to 12 hours at a time with no food, water or bathroom breaks.

Jayme escaped after Patterson made her go under the bed and told her he would be gone for five or six hours. Once gone, she pushed the bins away, crawled out, put on a pair of Patterson’s shoes and fled the house.

Barron County Sheriff holds picture of Jake Patterson, arrested for the kidnapping of Jayme Closs. Photo courtesy Mercury News.

Barron County Sheriff holds picture of Jake Patterson, arrested for the kidnapping of Jayme Closs. Photo courtesy Mercury News.

Once found, Jayme described Patterson’s vehicle to police, and he was apprehended within 10 minutes of her escape being reported.

What Jayme went through while held, we may never know exactly, as the Douglas County District Attorney Mark Fruehauf said he does not anticipate filing charges against Patterson for crimes committed during her time in captivity.

“A prosecutor’s decision whether to file criminal charges involves the consideration of multiple factors, including the existence of other charges and victim-related concerns.”

Patterson faces two counts of intentional homicide, each carrying a mandatory sentence of life in prison without the possibility of release. Patterson will be back in court Feb 6, for a preliminary hearing.

Estimates of Missing Children Abducted by Strangers

The Federal Bureau of Investigation (FBI) estimates approximately 100 children are abducted by strangers every year. Referred to as a “stereotypical kidnapping,” the United States Department of Justice defines this type of kidnapping as 1) the victim is under the age of 18-years old, 2) the kidnapper is either a stranger or “slight acquaintance,” 3) the abduction involves moving the victim at least 20 feet or detaining them for at least one hour, and 4) the victim is either held for ransom, transported at least 50 miles, detained overnight, held with an intent to keep permanently, or killed.

While this may seem like a relatively low number of children abducted by strangers, it still amounts to thousands of children who, over the years, have been entered into the FBI National Crime Information Center (NCIC), and never been found.

In fact, during the months of January 2018 and May 2018, there were 3,468 children entered into NCIC as Involuntary. This missing person category includes cases of children who police have determined were taken involuntarily, but not enough evidence to make a determination if they were taken by strangers. *Source FBI NCIC Report

According to the FBI NCIC Report for May 31, 2018, there were 14,714 active missing child cases in the United States. Some of these cases date back 30 years and remain active because the missing child has never been found.

The Closs case may be unique in many respects but is not alone.

The Disappearance of Jaycee Dugard

It was June 10, 1991, in the peaceful town of Meyers, California, an unincorporated community in El Dorado County. Meyers sits along Route 50 in the northern Sierra Nevada mountains just 6 miles south of Lake Tahoe.

Jaycee Dugard vanished from her northern California bus stop on June 10, 1991 and found alive 18 years later. Photo courtesy of NMCO

Jaycee Dugard vanished from her northern California bus stop on June 10, 1991 and found alive 18 years later. Photo courtesy of NMCO

Jaycee Dugard, 11, sporting pink tights and a white shirt with a printed “kitty cat” on the front, was walking from her home to a school bus stop when she was abducted.

As her stepfather, Carl Probyn, watched Jaycee walk up the hill to the bus stop something horrifying happened. Suddenly, a gray car stopped next to Jaycee. Through the window, Probyn saw an unidentified man roll down his car window and begin speaking to his stepdaughter.

Suddenly, Jaycee fell to the ground while a woman jumped out of the car and carried the fifth-grader into the car.

Probyn would tell police he had witnessed Jaycee’s kidnapping and actually gave chase with his mountain bike. Searches began immediately after Jaycee’s disappearance but generated no reliable leads despite the abduction being witnessed by a family member and the vehicle being described as a Mercury Monarch.

El Dorado Sheriff’s deputies, along with California Highway Patrol search for Jaycee after she was abducted by strangers while walking to her school bus stop in 1991. Photo courtesy CBS News.

El Dorado Sheriff’s deputies, along with California Highway Patrol search for Jaycee after she was abducted by strangers while walking to her school bus stop in 1991. Photo courtesy CBS News.

Years passed, but Jaycee’s family never gave up hope they would find her, passing out tens of thousands of fliers and extensive national news coverage. The town of Meyers was even covered in pink ribbons to honor Jaycee’s favorite color.

In August 2009, convicted sex offender Philip Garrido, visited the Berkeley Campus at the University of California, accompanied by two young children. He was there to lobby for permission to lead a special event at the campus as part of his “God’s Desire Church” program. His unusual behavior at the meeting sparked an investigation that led Garrido’s parole officer to order him to take the two young girls to a parole office in Concord, Calif., on August 26, 2009. It was later ordered Garrido’s house be searched by police.

Area behind kidnapper Philip Garrido’s home where missing child Jaycee Dugard was found 18 years after her disappearance. Photo courtesy NY Daily News.

Area behind kidnapper Philip Garrido’s home where missing child Jaycee Dugard was found 18 years after her disappearance. Photo courtesy NY Daily News.

Police searched Garrido’s home in Antioch, Calif., near Oakland, approximately 3 hours southwest of Meyers, where Jaycee had vanished from 18 years earlier.

That incident led to the discovery of Jaycee who had been kidnapped by Garrido and his wife Nancy Garrido in 1991. For 18 years, Jaycee, age 29 when found, had been kept in concealed tents, a shed, and lean-tos, in an area behind the Garrido’s house in Antioch, Calif.  

Garrido, a sociopath, and pedophile had kidnapped and raped a woman named Katherine Callaway Hall in 1976. He had also abducted Katherine from South Salt Lake Tahoe in a very similar manner to Jaycee’s kidnapping. Garrido was on parole for Katherine’s kidnapping when police stumbled upon Jaycee. She was alive.

In 1991, at Jaycee’s bus stop, Garrido had shocked Jaycee with a stun gun, she remembers feeling a tingling sensation and falling to the ground. Nancy Garrido acted as her husband’s accomplice scouting for young girls for her husband and the one who picked Jaycee up off the ground transporting her to the car on the day they abducted her.

During the 3-hour ride to Garrido’s home, Jaycee remembers falling in and out of consciousness and heard Nancy laughing saying, “I can’t believe we got away with this!” Knowing she was in danger, Jaycee had no way of knowing the hell, life was about to become.

Soundproof shed where missing child Jaycee Dugard was held captive in for 18 years, in Antioch, California. Photo courtesy BBC.

Soundproof shed where missing child Jaycee Dugard was held captive in for 18 years, in Antioch, California. Photo courtesy BBC.

Once they arrived at the Garrido’s home, the pair forced Dugard to strip naked, with the exception of a butterfly ring she was wearing. They then blindfolded Jaycee and placed her in a soundproof shed he had in the backyard where he raped her for the first time, just 11 years old.

For the first week, Jaycee was kept handcuffed in the isolated shed, but things would get much worse.

A few weeks into the ordeal, Garrido brought Jaycee a TV but she was never allowed to watch the news because they did not want her to see the news frenzy surrounding her disappearance. She was only allowed to watch shows of people selling jewelry and found their voices calming, helping her sleep.

Frequently, Garrido would go on 24-hour methamphetamine binges which resulted in rape marathons. He would tell Jaycee dogs were outside the shed to scare her or tell her he was going to place her inside of a cage to keep her fearful of escaping.

While alone, Jaycee kept a journal to deal with her pain and wrote about how she wanted to see her mom. She always ended the note with her name “Jaycee” and a little heart beside. Nancy found the journal and forced Jaycee to tear out all of the pages with her name on them. It was the last time Jaycee was allowed to write or say her own name.

While in captivity Jaycee would give birth to two daughters. The first at age 13 who she named Angel. Jaycee would later explain that once giving birth she never felt alone again.

Jaycee gave birth to her second daughter “Starlit” in 1997.

She now had two daughters to protect.

Even while living in the worst of circumstances Jaycee managed to plant flowers and build a little school outside the shed where she homeschooled her daughters with her fifth-grade education.

For years, the three lived behind the 8-foot fences Garrido had built around his home to keep potential peeping neighbors at bay.

When Garrido had shown up at the campus that fateful day in August 2009 with two little girls, both “submissive and sullen,” Lisa Campbell, the special event s coordinator was concerned and asked him to return the following day. Garrido left his name on a form and left the campus. Campbell then informed an officer who conducted a background check on Garrido and discovered he was a registered sex offender on federal parole for kidnap and rape.

The wheels were now set in motion that would crack the decade’s long-missing child case wide open.

2009, the piece of paper Jaycee Dugard wrote her name on telling police officers who she is. Photo courtesy of NMCO.

2009, the piece of paper Jaycee Dugard wrote her name on telling police officers who she is. Photo courtesy of NMCO.

Over the years, Jaycee had been directed by Garrido to tell people she was the girl’s big sister and to have Jaycee’s daughters refer to himself and Nancy as mom and dad. When questioned by officers, at first, Jaycee told them her name was Alyssa, claiming to be an abused mother from Michigan who had ran from a domestic violence situation to protect her daughters and living with the Garridos. Not buying the story, officers continued talking to her trying to glean more information. Eventually, Jaycee relaxed and would write her name on a piece of paper. Sliding it to police it said, “Jaycee Lee Dugard.”

Officers immediately asked her if she wanted to call her mom which she replied in disbelief, “Can I call my mom?” Jaycee’s first words to her mother in 18 years were “Come quick!”

Garrido pleaded guilty to kidnapping and raping Dugard and sentenced to 431 years to life at Corcoran State Prison and Nancy Garrido was sentenced to 36 years to life.

Jaycee is now the author of A Stolen Life: A Memoir and lives with her two daughters, reveling in her freedom.

While Jaycee Dugard and Jayme Closs were recovered, some children have not been so lucky.

Disappearance of Etan Patz

Etan Patz, 6, walked out of his New York City home in 1979 headed for his school bus stop just two blocks away in 1979 – and he’s never been found.

It was the last day of school before Memorial Day weekend. Etan had asked his parents to let him walk alone the short way to the bus stop for the first time. He carried his book bag and had a dollar to buy a soda at the corner deli on the way.

His parents were not aware of Etan’s disappearance until he had not returned from school. They would later find out the young boy had never made it to school.

Etan Patz vanished May 25, 1979 in NYC on his way to his school bus stop.

Etan Patz vanished May 25, 1979 in NYC on his way to his school bus stop.

Police set up a Command Center at the Patz Manhattan apartment and began conducting ground searches and going door to door, but no solid leads have developed over the years that have led police closer to finding out what happened to him.

His disappearance rocked New York City and to this day haunts the law enforcement officers who have spent decades trying to find him. “Every missing child case is very important, but this was one of the oldest ones we had,” says NYPD Lieutenant Chris Zimmerman.

Etan was the first child placed on a milk carton, hundreds of thousands of fliers blanketed the country and countless new stories, all to no avail.

Etan’s disappearance became more than a missing person’s case but changed the way parents watched over their kids.

With stories like Etan’s and Jaycee, along with the recent disappearance and recovery of Jayme Closs by a predator who targeted her after watching her board a school bus, parents are again wondering what they can do to keep their children safe.

bus

Safety 101 – Walking to and from school

Parents struggle with many things when it comes to the safety and security of their children. One question a parent may ask is how old is old enough to begin walking to and from school or to a bus stop alone.

There has been a huge drop in the number of kids who walk or ride their bike to school regularly. According to the National Center for Safe Routes to School, in 1969, 48% of K-8 grade walked or bicycled to school. By 2009, only 13% do.

While pedestrian injury rates are down since 1995 – mostly due to improvements made to traffic infrastructure, implementing the use of crossing guards and sidewalks, there are no statistics that allow for us to know the dangers of how many children are approached by strangers. How many predators are out there targeting our kids? Though statistically, the chances are relatively minimal your child will ever be abducted by a stranger, it does not lessen our responsibility as parents to protect them and prepare them for anything that “could” happen.

Gavin DeBeckers, author of “The Gift of Fear” and one of the leading experts on predicting and managing violence says there is no magic age when kids can walk or bike to and from school or bus stop.

You and only you can make the final decision on when your child is ready to walk alone. However, you can expect to see other children beginning this walk around age 9 to 11. DeBeckers says it depends upon cognitive skills, the ability to follow directions and reasoning, directing parents to ask themselves the following questions:

  1. Does your child honor his feelings? If someone makes them feel uncomfortable, that’s an important signal your child should react to.
  2. Does your child know when it’s okay to rebuff and/or defy adults?
  3. Does your child know it’s okay to be assertive?
  4. Does your child know it’s okay to ask for help?
  5. Does your child know how to choose who to ask?
  6. Does your child know how to describe his peril?
  7. Does your child know it is okay to strike, even injure, someone if he believes he’s in danger?
  8. Does your child know it’s okay to make noise, scream and run?
  9. Does your child know that is someone tries to force him to go somewhere, what he screams should include, “This is not my father?”
  10. Does your child know if someone tells them not to scream, the thing to do is to scream?
  11. Does your child know to make EVERY effort to resist going anywhere with someone he doesn’t know?

These questions should apply to your children of any age, even older children are vulnerable to abduction. Keeping in mind, Jaycee Dugard was abducted within the view of her parent, it is important to evaluate the route your child will take and choose the safe route between home and the bus stop/ and or school and practice walking it with your child until he demonstrates awareness.

Remind your children to:

  • Stick to well-traveled streets, using the same route every day and always avoid shortcuts.
  • Don’t wear clothes or shoes that restrict movement.
  • Carry backpacks and bags close to their body.
  • Don’t speak to strangers and ALWAYS tell a trusted school official, teacher, store clerk, policeman or another adult if someone has made them feel uncomfortable.
  • Teach them to remember specific things about cars and people.
  • Let them have a cell phone for emergencies (these can also be tracked by installing a simple and free App called Life 360), which is a locator, messaging and communication app. It is better to be safe than sorry.

Having children walk to and from school or a bus stop has its risks as well as benefits. We all know the risks. However, it is an important milestone in your child’s life and with that comes a sense of independence that comes with being permitted to walk alone or with friends to school or the bus stop. A sense of independence that they will carry throughout their lives and hindering that could stunt this important growth spurt of maturity.

Remember, we can provide our children with tools to keep themselves safe but the tools we teach them early on can also get them through the hardest of times in life.

In the case of both Jayme Closs and Jaycee Dugard, they relied on their innermost strength to survive the most horrific of circumstances. As parents, that’s all we can hope for.

50 Facts About Missing Children & Adults

50 Facts About Missing Children & Adults

missing person facts1. Approximately 2,300 children are reported missing each day in the United States, that one child
every 40 seconds.
2. Nearly 800,000 people are reported missing every year in the United States.
3. May 25 th is National Missing Children’s Day.
4. In 1983 National Missing Children’s Day was proclaimed by President Ronald Reagan and
commemorates the disappearance of Etan Patz who vanished in 1979.
5. After the abduction and murder of their son Adam, John and Reve’ Walsh helped create the
National Center for Missing & Exploited Children (NCMEC) in 1984.
6. NCMEC’s Cyber Tipline began receiving reports in 1998.
7. The NCMEC Cyber Tipline has received 41 million reports since its inception.
8. Unfortunately, many children and adults are never reported missing making no reliable way to
determine the true number of missing persons in the country.
9. There is no federal mandate that requires law enforcement to wait 24 hours before accepting a
report of a missing person.
10. Missing Children Act of 1982 authorized the Federal Bureau of Investigation (FBI) to enter and
maintain relevant information about missing children in the National Crime Information Center
(NCIC).
11. In May of 2018, there were over 89,000 active missing person cases in the National Crime
Information Center at the FBI.
12. When a child is reported missing federal law requires law enforcement authorities to
immediately take a report and enter the missing child’s information into NCIC.

13. On Christmas Eve 1945, the Sodder family home was engulfed in flames. George Sodder, his wife
Jennie and four of the nine Sodder children escaped. The bodies of the other four children have
never been found.
14. Since 1984, the NCMEC’s National Hotline has received more than 4.8 million calls.
15. According to the FBI in 2017, there were 464,324 NCIC entries for missing children.
16. NCMEC has facilitated the training of more than 356,000 law enforcement, criminal justice,
juvenile justice, and healthcare professionals.
17. Of nearly 25,000 runaways reported to NCMEC in 2017, one in seven are victims of sex
trafficking.
18. In 2000, President William Clinton signed Kristen’s Law creating the first national clearinghouse
for missing adults; the National Center for Missing Adults (NCMA) was founded by Kym L.
Pasqualini.
19. Kristen’s Law, signed in 2000 by President William Clinton was named after North Carolina
resident Kristen Modafferi who vanished in 1997 while in San Francisco in a summer college
program.
20. The AMBER Alert was created 1996 after the disappearance and murder of 9-year old Amber
Hagerman from Arlington, Texas.
21. The Silver Alert is a public notification system to broadcast information about individuals with
Alzheimer’s disease, dementia, or other mental disabilities.
22. There are 17,985 police agencies in the United States.
23. On average, over 83,000 people are missing at any given time to include approximately 50,000
missing adults and 30,000 missing children.
24. The first 12-24 hour the most critical in a missing person investigation.
25. For missing children the first 3 hour are especially critical as 76% of children abducted by strangers are
killed within that time-frame.
26. Most missing children are abducted by family members which does not ensure their safety.
27. As of May 31, 2018, there were 8,709 unidentified persons in the NCIC system.
28. The AMBER Alert is credited with safely recovering 868 missing children between 1997 and 2017.
29. The most famous missing child case is the 1932 kidnapping of 20-month old Charles Lindbergh Jr.,
abducted from his second-story nursery in Hopewell, New Jersey.
30. Charles Lindbergh’s mother released a statement detailing her son’s daily diet to newspapers in
hope the kidnappers would feed him properly.
31. From his prison cell, Al Capone offered a $10,000 reward for information leading to the capture
of the kidnapper of Charles Lindbergh.
32. Laci Peterson was eight months pregnant with her first child when she was reported missing by
her husband Scott Peterson on December 24, 2002. In a highly publicized case, Scott Peterson
was convicted of first-degree murder of Laci and their unborn baby.
33. The FBI Combined DNA Index System (CODIS) was authorized in 1994 and cross-references
missing person DNA, familial missing person DNA and the DNA of unidentified persons.
34. NCMEC forensic artists have age-progressed more than 6,000 images of long-term missing
children
35. NCMEC has created more than 530 facial reconstructions for unidentified deceased unidentified
children.
36. In the mid-1980’s milk carton with photographs of missing children were first used to help find
missing children.
37. Those who suffer from mental disorders, minorities, and those who live high-risk lifestyles
engaging in substance abuse and/or prostitution are less likely to receive media attention than
other case of missing persons.

38. According to the NCIC, there were 353,243 women reported missing during 2010.
39. According to NCIC, there were 337,660 men were reported missing during 2010.
40. Of reports entered into NCIC during 2010, there were 532,000 under the age of eighteen.
41. In 1999, a NASCAR program called Racing for the Missing was created by driver Darrell LaMoure
in partnership with the founder of the Nation’s Missing Children Organization.
42. If a person has been missing for 7-years, they can be legally declared deceased.
43. Jaycee Dugard was 11-years old when she was abducted by a stranger on June 10, 1991. Dugard
was located 18 years later in 2009 kept concealed in tents behind Phillip Garrido’s residence.
Garrido fathered two of Dugard’s children and was sentenced to 431 years to life for the
kidnapping and rape of Dugard.
44. All 50 states to include the District of Columbia, U.S. Virgin Islands and Puerto Rico have AMBER
plans in place to help find missing children.
45. By definition, a “missing person” is someone who has vanished and whose welfare is not known;
and their disappearance may or may not be voluntary.
46. There are 6 categories in NCIC for missing persons to include Juvenile, Endangered, Involuntary,
Disability, Catastrophe and Other.
47. About 15% of overall disappearances are deemed involuntary by the FBI, designating urgent
response.
48. The earliest known missing child case was of Virginia Dare who was the first baby born in the
New World. After her birth, her grandfather left for England and when he returned 3 years later,
Virginia and all the settlers were gone. One clue left was the word “Croatan” carved into a
settlement post.
49. In 1996, a family of German tourists visited Death Valley National Park in California, referred to as
the Death Valley Germans. In 2009, searchers located the remains of four individuals confirmed
to be that of the family.
50. Jimmy Hoffa was an American Labor Union leader and president of the International
Brotherhood of Teamsters who vanished in July 1975, and one of the most notorious missing
persons cases in United States history.

History of Missing Persons Law in the United States

History of Missing Persons Law in the United States

missing personSeveral federal laws in the United States are focused on the plight of unresolved missing persons and unidentified remains. Each law, the result of families of missing persons who searched every dark corner for their missing child and tirelessly worked to ensure changes would be enacted to avoid the pitfalls they experienced in search of their missing or murdered child. The history of missing person law is always changing and evolving. Each law represents a victim, who in their name, would ensure another child would have a better chance.

As of May 31,2018, there were 87,608 active missing person cases in the Federal Bureau of Investigation’s National Crime Information Center (NCIC). An additional 8,709 unidentified persons are listed as active cases in NCIC.

These numbers are staggering and reflect gaps in the response and procedure to missing and unidentified cases, as well as a lack of a federal mandate requiring all law enforcement within the United States to intake and respond to a missing person case.

The families of missing persons have dedicated, at times years, to addressing the lack of response to missing person cases reminding the public each missing person reflects the name of an individual who is a child, mother, father, grandparent or sibling.

Missing Children Act of 1982

etan patzEtan Kalil Patz was a 6-year old boy who vanished on his way to school. The morning of May 25, 1979, Etan left his SoHo apartment by himself planning to walk from his residence at 113 Prince Street to his school bus stop on Broadway. He never got on his bus.

When Etan did not return from school that afternoon, his mother Julie called police to report him missing. An intense police search ensued that evening with approximately 100 police officers and a team of bloodhounds conducting a thorough ground and door to door search for Etan.

Etan’s father Stanley Patz, a professional photographer, had recently taken many professional photographs of Etan and made flyers and posted them throughout the neighborhood where his son had vanished.

Etan has never been found but his disappearance spurred a movement that would affect missing children cases for years to come.

In the early 1980’s Etan’s photograph was the first child to be profiled on milk cartons. Etan’s case marks the massive use of flyers to search for missing persons and credited for creating more attention to missing child cases.

In 1982, the Missing Children Act was introduced to Congress and passed to authorize the FBI to enter missing children’s personal data into and maintain a national clearinghouse of information in the NCIC, making the information accessible to local, state, and federal law enforcement and providing a previously lacking resource to help find missing children up to age 18.

On May 25, 1983, President Ronald Reagan proclaimed the day National Missing Children’s Day.

Adam Walsh

adam walshThe disappearance of 6-year old Adam Walsh would spearhead the most significant contribution to finding missing children to date.

On July 27, 1981, Reve’ Walsh took Adam to a Sears department store in the Hollywood Mall, in Hollywood, Florida. Only a few minutes out of his mother’s sight, Adam vanished. His severed head found in a drainage canal alongside Florida’s Turnpike in rural St. Lucie County.

Adams parents, Reve’ and John Walsh spearheaded the effort to create the first national clearinghouse for missing children to provide resources to law enforcement and families of missing children.

In 1984, The United States Congress passed the Missing Children Assistance Act creating the National Center for Missing & Exploited Children (NCMEC).

NCMEC’s “Code Adam” program for helping lost children in department stores is named in Adam’s memory.

In addition, Congress passed the “Adam Walsh Child Protection and Safety Act” on July 25, 2006 and President Bush signed it into law on July 27th, the day Adam had gone missing. Both John and Reve’ attended the signing ceremony held on the South Lawn of the White House. The law institutes a national database of convicted child molesters, while also increasing penalties for sexual and violent offenses against children.

Over the years, John Walsh has made a significant impact in the lives of missing children and their families with his advocacy, while also becoming internationally known for his hit television show “America’s Most Wanted” and the current hit show “The Hunt with John Walsh.”

Jennifer’s Law

jennifer wilmerIn 1992, Jennifer Wilmer was a 21-year old living with her parents in Long Island, New York. She had received a full scholarship to St. John’s University in New York City but dropped out after one semester, planning to later enroll in College of the Redwoods in the small town of Eureka, California.

She moved to California in early 1993 and quickly found work but eventually fell on hard times, having to go on public assistance for a time. Her parents, Fred and Susan Wilmer promised to send an airline ticket to a local Eureka travel agency, so Jennifer could return to New York, but she never arrived to pick it up.

There are two conflicting accounts as to what happened the day Jennifer disappeared. One account was that Jennifer was last seen leaving her northern California residence on September 13, 1993, to go to the travel agency to pick up her ticket. Another account was Jennifer was last seen hitchhiking from the Hawkins Bar area to Willow Creek to inquire about a job opportunity at a farm. Jennifer remains missing.

In 1994, Fred and Susan Wilmer sought out help to find their missing adult daughter from the Nation’s Missing Children Organization (NMCO), founded by Kym Pasqualini, and located in Phoenix, Arizona. The group organized visits to the United States Department of Justice (USDOJ), and members of Congress to raise awareness of Wilmer’s disappearance and thousands of other missing persons throughout the country. They also formed a group of families of missing persons to create a group called F.O.C.U.S. (Finding Our Children Under Stress) and invited experts in the field of psychology and law enforcement to participate in order to better understand the emotional and psychological effects of dealing with “ambiguous loss” when a person goes missing.

The Wilmer’s also began the years long effort to pass a federal law that would enable each state to enhance its efficiency with regard to the reporting system for unidentified and missing persons.

  1. Report to the National Crime Information Center and when possible, to law enforcement agencies throughout a state regarding every deceased unidentified person, regardless of age, found in the State’s jurisdiction;
  2. Enter a complete profile of an unidentified person in compliance with the guidelines established by the US Department of Justice for the NCIC Missing and Unidentified Persons files, to include dental, X-rays, fingerprints and DNA, if available;
  3. Enter the NCIC number or other appropriate case number assigned to each unidentified person on the death certificate of each; and
  4. Retain all such records pertaining to unidentified person until a person is identified.

The Wilmer’s early advocacy brought much needed attention to the correlating problem between identifying unidentified persons by cross-referencing the descriptive information of missing persons with unidentified remains.

Kristen’s Law

kristen modafferiIn 1997, 18-year old Kristen Modafferi was an industrial design major at North Carolina University. She had been offered an opportunity to attend a summer photography course at University of California at Berkeley and left North Carolina on her birthday, June 1, 1997, to travel to San Francisco. It would be her first time away from home.

She would quickly get a job at Spinelli’s Coffee Shop (now called Tully’s) at the Crocker Galleria in San Francisco’s financial district, working weekdays. On weekends, Kristen worked at the Café Musee inside the San Francisco Museum of Modern Art.

On June 23, 1997 Kristen asked a Spinelli’s coworker for directions to Baker Beach, located next to the popular Land’s End Beach about a 20-minute bus ride from downtown San Francisco. That was the last time Kristen was ever seen.

Her parents, Robert and Deborah Modafferi immediately flew to San Francisco to file a missing person report for their daughter. A ground search was conducted with Bloodhounds and detected Kristen’s scent at an overlook at the beach, but no other evidence could be found.

Soon after Kristen’s disappearance, the Modafferi’s requested help from the Nation’s Missing Children Organization (NMCO) in Phoenix, one of the only groups in the country that would provide services to families of missing persons over the age of eighteen.

The founder, Kym Pasqualini, would again travel to Washington D.C., with the Modafferi’s to speak to the USDOJ and members of Congress to raise awareness of adult missing persons. In 1998, Representative Sue Myrick of North Carolina spearheaded the introduction of Kristen’s Law that would appropriate $1 million per year for 4-years to create the first national clearinghouse for missing adults.

On November 9, 2000, President William J. Clinton signed Kristen’s Law with the recipient of the funds going to the Phoenix-based NMCO to create the “National Center for Missing Adults,” (NCMA), the first national clearinghouse for missing adults. The group went on to serve thousands of families of missing adults, receiving up to 100 calls per day from families and law enforcement needing assistance.

In 2002, NCMA in cooperation with the Bureau of Justice Assistance (BJA) at the USDOJ, and Fox Valley Technical College created and implemented the first training program for law enforcement focused exclusively on the disappearances of those over the age of eighteen.

Suzanne’s Law

In 1998, Suzanne Lyall was a 20-year old undergraduate at the State University of New York at Albany. On March 2, 1998, at closing, Suzanne left her job at the Babbage’s in Crossgates Mall in a suburb of Guilderland, NY. It is believed Suzanne had taken the city bus from the mall to the University’s Uptown Campus, where a classmate of Suzanne’s told police they saw her getting off the bus at Collin’s Circle near her dorm. She has never been seen again.

The Lyall’s became outspoken activists on behalf of families of missing persons creating the “Center for Hope.”

In 2003 President Bush signed “Suzanne’s Law” requiring police to immediately enter the person’s descriptive information into NCIC when someone between 18-21 is reported missing. Previously police were only required to report missing persons under the age of 18. Now, anyone under the age of 21 is considered a missing child and qualifies to also receive assistance from NCMEC.

In 2007, Congress enacted the Campus Security Act, requiring all colleges across the country to maintain written plans on how they will work with local law enforcement agencies in the event a student is reported missing.

The Lyall’s have continued to make their mark in the lives of others, in the name of their daughter Suzanne. On the 20-year anniversary of Suzanne’s disappearance, her mother, Mary Lyall was presented with the Senate Liberty Medal for her work on behalf of other families of missing persons.

Molly’s Law

Molly DattilloAt approximately 7:00 p.m., on July 6, 2004, Molly Datillo dropped off an employment application off a Wendy’s fast food restaurant near 10th Street and Highway 465 in Indianapolis, Indiana. She then purchased personal hobby and school supplies for one of the three classes she was taking at Indiana University where she was taking a summer class while she was readying to graduate from Eastern Kentucky University later that year.

Molly had been taking private voice lessons and had planned on auditioning for the “American Idol” show in August. She had attended all of her classes up to the day she vanished.

At 11:00 p.m., Molly placed a call to a friend from a pay phone at a Thornton’s gas station on Crawfordsville Rd. the friend said the phone disconnected when they picked up the phone. Molly has never been seen again.

In October 2008. Police announced they were investigating Molly’s disappearance as a homicide and looking at John E. Shelton as a person of interest because he was the last person to have been with her when she placed a call from the gas station. Shelton had a lengthy criminal record for theft and traffic offenses, with his driver’s license being legally suspended for life.

Shelton had been the friend of a friend. Molly had met him the day of her disappearance. They went on a boat ride, then ate dinner together at a Taco Bell restaurant according to him.

In the aftermath of Molly’s disappearance, Molly’s sister Amy Datillo worked tirelessly to get a law enacted that would outline what makes a missing person “at risk” and how law enforcement should obtain information relevant to finding the missing adult.

The FBI defines an “At Risk” missing person to be someone who has a proven medical or physical disability such as someone with mental health issues, diminished mental capacity such as Alzheimer’s disease or other physical disability that compromises the health and safety of the individual without immediate intervention.

Though not a federal law, Molly’s Law was signed by Governor Mitch Daniels in 2007, requiring law enforcement to enter an “At Risk” missing person into the NCIC database within two-hours of their disappearance within the state of Indiana.

While Amy would still like to see Molly’s Law become a federal law, it will serve as a “model” for to her states to follow and Molly will always be remembered by the people she helped after she disappeared.