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Mass Disaster Identification Issues: Alaska Air 261

C. Michael Bowers DDS, JD

Diplomate, American Board of Forensic Odontology

See variously;

ACKNOWLEDGEMENTS

ORGCONCEPTS,

CRITIQUE,

SYNOPSIS,

RECOMMENDATIONS,BIO, PHILOSOPHICALANDLEGALISSUES

FINALSUGGESTIONS (Added July 12, 2000)

 

This will be a short visual and detailed post-incident report which will take you on an excursion into the general details surrounding the Alaska Air 261 crash. This event occurred about 14 miles from my dental office in Ventura, California. On January 31, 2000 this event permanently changed many lives when 88 passengers and crew were killed in the crash of a MD 80.

Mass Disaster preparedness and operations manuals are found in numerous local, state, and federal agencies.

I strongly suggest that interested forensic professionals review the information I have placed in this page. Your local jurisdiction may have a plan that addresses some, but probably not all, of the issues  raised in the later sections.

___________________________________________________________________________

Anacapa Island Crash Area

 

 

Aircraft Involved: MD-80

The Plane was on a Return Trip to Seattle, Washington from Puerto Vallarta

 

The cockpit crew had been monitoring a control problem for approximately 30 minutes while at cruise altitude. At 4:09 p.m., the aircraft experienced a loss of altitude due to an "uncommanded pitch excursion." This means the nose of the aircraft dropped without the crew moving the controls. The following graph shows the altitude track and time track up to the crash at 4:21 p.m.

 

 

SS Chouest. This ship provided the undersea drones that recovered aircraft wreckage and about 3/4 of the human remains from the sea floor.

 

The US Navy provided this support ship (USS Cleveland) through the event

 

The dock's facilities at Port Hueneme Seabee Base was used to offload wreckage and human remains. A portable morgue was set up in a nearby maintenance warehouse. This aircraft part is the vertical tail of the MD-80. Alaska Air's tail logo of an eskimo can be seen in this picture.

 

 

The undersea drones obtained the MD-80 flight director within a few days after the crash.

 

This long rod has threads which fit into the "Gimbal" below. This assembly is attached to the horizontal tail of the aircraft. The rod rotates up and down as the crew pushes and pulls the nose up and down during normal flight operations. 

 

You can see the threads inside this "Gimbal-nut."

Close-up view of the rod (jackscrew) showing stripped threads.

 

 

The forensic details of any Mass Disaster are numerous and in this case, may not end for months after the event. We are still managing the DNA specimens that were obtained during the event. The DNA profiling is being done through the Armed Forces DNA Lab in Rockville , Maryland.

The postmortem examination process is best described by a local dentist who worked during the rather intense first three weeks of the incident.

_________________________________________________________________________________________

by Kent Hollenback DDS, (written for the local Dental Society Newsletter)

The tragic crash of Alaska Airlines Flight 261 off our coast in late January brought together Ventura County’s forensic dental ID team to help identify some of the 88 passengers.

Deputy Medical Examiner Michael Bowers, D.D.S. of Ventura contacted Ray Johansen, D.M.D. of Santa Barbara, Paul Gabriel, DDS of Camarillo and myself within hours of the crash to enlist our volunteer help. Several days following the tragedy, we all met at a dock in Port Hueneme where federal officials from the Navy, NTSB, FEMA, and DMORT had set up a portable morgue. This is where we began our work. We all received FBI clearance to gain admittance.

The differences between a routine John Doe dental ID and this incident was, of course, the number of victims and the fact that there were very few intact sets of jaws (let alone bodies) being recovered from the ocean. Therefore, only partial post-mortem records could be recorded and then compared to complete ante-mortem dental charts that were slowly sent to us for every person listed on the passenger manifest. Unfortunately there are 20 of the 88 who had no available dental records. Every jaw fragment with dental significance was numbered. The high degree of fragmentation occasionally produced two different specimens, recovered at different times, which were later associated to the same crash victim.

The force from impact to create the amount of human destruction we observed had to be incredible. We recorded over 100 post-mortem dental remains and compared them to 68 ante-mortem dental charts. At last count, 62 people had been identified of which 22 were dental. The case is still ongoing as the potential for more remains being found is always a slight possibility. The Feds are long gone. Future work will be done at the County Medical Examiner’s Office. Many non-dental specimens have been sent to Washington, D.C. for DNA testing to hopefully identify more of the victims.

It was very gratifying to aid the investigation by helping to identify some of the passengers and bring closure to their families. Our Ventura-based team of Paul Gabriel, Ray Johansen, Mike Bowers and myself worked very well together.

___________________________________________________________________________

 

 

In the United States, the federal government offers local jurisdictions help when a major disaster strikes. Aid comes in many forms and a principal one is the delivery of a portable morgue and able bodied workers who are already trained in forensic identification. The acronym DMORT will be seen in the following statement. This is the federal group that showed up within a day with equipment and staffing to augment the ME's normal staff of two pathologists, six investigators, and one consulting dentist.

In a perfect world, things work well. But, although this mix of locals and visitors so far have identified 61 out of the 88 (note: these numbers have increased by July 12, 2000) there were some rocky steps in the process. In part, it was caused by the limited experience of certain critical members of the DMORT management team. Anyway, the following is only my perspective. I hear there may be some changes in the works to prevent a repeat performance of what is described below. Time will tell.

The following critique does not reflect on the hard work and efforts of everyone involved in this event. None of the problems outlined below appear to have affected any of the final outcome as of this date. The first article was written to a forensic dentistry newsletter. The second went to the NTSB and the federal government. The later sections have been added July 11 and 12, 2000.

I would like to especially thank my forensic colleagues,

DR. GARY BELL, of Seattle, WA

DR. JIM MCGIVNEY of Saint Louis, MO,

DR. JACK KENNEY of Chicago, ILL.,

DR. ROBERT DORION of Montreal, Canada, and

DR. PHIL WALKER of UCSB, Santa Barbara, Ca.

Their immediate response and ongoing assistance (via the Internet and telephone) in many important matters indicates how dedicated the forensic community is in time of emergency. Numerous others provided professional courtesy, knowledge and moral support.

 

 ___________________________________________________________________________________

 

 

ALASKA Air Flight 261 Crash 1/31/00

C. Michael Bowers DDS, JD

Diplomate, American Board of Forensic Odontology
 

These comments are the personal opinion of the author and do not represent any official governmental organizational report. The purpose of this report is to target specific areas that need improvements and which would benefit local agencies in their interfacing with governmental entities tasked to assist in the recovery of human remains (HR) This report is not meant to discount the hard work and dedication provided by any of the participants in the search, recovery and identification efforts during the Alaska Air 261 incident. I want to further emphasize that none of the issues that appear below resulted in fewer conventional identifications or irreversible errors. The final forensic results of this accident were successful and the all individuals involved were helpful and positively contributed. Conventional identifications ended on Saturday March 18 with three additional dental identifications making the total identified as 62 out of 88 crew and passengers. The DNA results are pending.

 

Overview of federal government involvement

The National Transportation Safety Board is tasked, in part, with assisting the recovery of fatalities from accidents. The identification process of these fatalities remains the jurisdiction of the local Coroner or Medical Examiner. The Family Assistance Act of 1996 provided funds for the federal government to assist local agencies that request assistance in events such as the Alaska Air crash. NTSB FAMILY AFFAIRS. As a result of this ACT, the Ventura Medical Examiner accepted the offer for the NATIONAL DISASTER MEDICAL SYSTEMS/DMORT, (go to ,DMORT TEAMS for specifics) to assist in the forensic identification process. I have several criticisms of this department. Other federal agencies are not the subject of my concern.

  

Proposal for interacting with federal disaster assistance agencies

The need for pre-planning with the NTSB and DMORT

The difficulty of creating a working relationship during an actual mass fatality incident (MFI) with the NTSB and other possible participants ARMED FORCES INSTITUTE OF PATHOLOGY, ARMED FORCES DNA IDENTIFICATION LABORATORY, DMORT, military bases, etc) suggests that prior arrangements, in writing, are advisable. Early on in an MFI there are numerous options the local Medical Examiner-Coroner (MEC) is offered from the FBI, DMORT, and AFIP. In this type of environment it is difficult to optimize all possible resources and establish a relationship prior to commencing recovery efforts. Advanced planning will require, of course, contact with these agencies in order to receive updated information.

Included in these communications should be an agreement on how to number, categorize, and process ALL information derived from recovery efforts. Conventional identification methods in a large MFI can be challenging because of victim fragmentation. This fact underlies the following proposed pre-arrangement agreement with DMORT and other federal agencies.

DNA Protocols:

The recovery and the preservation of DNA samples are important steps in the total context of potentially identifying highly fragmented HR and must be harvested immediately in sequence as part of a MFI recovery effort. From the outset victim’s families are made aware these resources for identification are available to them. The NTSB uses the Armed Forces DNA Laboratory for DNA processing. Requests for specific AFDIL protocols are available from the Department of Defense, DNA Registry. Email information requests to COL. Brion Smith.

Inventory control:

A numbering system of the human remains to include the following:

  • Three identification categories "probable, possible, unlikely." The early development of this inventory structure permits prioritization and immediate DNA sampling with specialized refrigeration of all HR including the "unlikely to be identified" HR.
  • A running total of weight of recovered HR.
  • Class characteristics of HR: The determination the number of hands, feet, torsos, etc, helps in planning manpower needs, monitoring the progress of the recovery effort, and later association of HR fragments. These topics are also the most common questions asked by families and the media.
  • Secure log of fingerprint queries: The number of fingerprint cases generated by this event which are pending recovery of outside information is problematic. The Coroner’s office was unable to reconstruct how many fingerprint queries were sent out by DMORT.
  • Secure log of antemortem dental records. DMORT mis-filed three sets of records which were later used to help in the identification process.

 

Agreement to assist:

If the management of DMORT promises to assist the local MEC in performing the usual duties of identification, "autopsy" and death notification, this series of delegated duties should be performed to the level requested by the local MEC.

 

DMORT guarantees of expertise:

The DMORT management and scientific professional staff should understand the many valid ways postmortem human identification can be made. This includes the use of unique jewelry, clothing and wallets, and tattoos. The MEC should establish an acceptable ratio of experienced DMORT identification members to DMORT trainees. Comment: The team that "first-responds" should have extensive experience. A MFI should not be a training experience for individuals who are then given responsibility for any DMORT identification services

DMORT data processing:

A step by step description of what information the local MEC needs to monitor the identification process. Comment: The benefit of the existing computer data services provided by DMORT is not apparent, as it provided little assistance to identifications. The cataloging of internal DMORT forms and reports appears to be the main function of this aspect of the DMORT response. The use of WINID2 by the DMORT dental section demands functional knowledge of the full program from the very beginning.

Digital Imaging Capabilities

There should be a digital comparison capability at a MFI. This allows both photographs and radiographs to be metrically and physically compared. Dr. Robert Dorion, Dr. Phil Walker, Dr. Ray Johansen and I were successful in using digital techniques to quantify comparisons on a number of subadult and adult remains which had anatomic and developmental characteristics, but no dental restorations

March 29, 2000

Post-Incident Report to the NTSB and GAO regarding Alaska Airlines 261 Recovery Efforts

Disaster Organization Requirements

Premise: The ability to maintain an organized mortuary and identification response to a MFI event is dependent on preplanning and adherence to nominal standards used in forensic and criminal investigation. The blend of "forensic science" and investigatory logic must be established prior to arriving on the crash scene.

Rationale: The totality of the circumstances and the availability of ALL evidence contained in a MFI must be the paramount view. The fatalities’ personal information available AT THE SCENE must be considered just as important as the airline manifest report and other sources of circumstantial evidence.

Debrief: DMORT lacked a defined agenda and written SOP’s on how to identify the crash fatalities by conventional means. It appeared to me that if categories of evidence couldn’t be fingerprinted, measured, weighed, or x-rayed, the DMORT team leader and his supporters thought the information was somehow tainted. Why this evidence was held in such low esteem was never explained to me. I determined there were two levels of mis-direction working in this event. One, the management had never been taught how to develop identification evidence from a death scene, and two, the academic people supporting him were equally untrained or had some professional conceit and self-fulfilling hope that what they knew "forensically" would be sufficient and less "risky."

Human Identification during a MFI is not a totally "Science Based"activity

The totality of any MFI utilizes substantial amounts of circumstantial evidence. This is defined as facts that do directly relate to the question at hand, are relevant and tend to prove or disprove questions related to the ultimate truth of the matter. You know that many areas of hypothesis exist in determining physical parameters from fragmented human remains such as height, weight, and sex. There are NUMEROUS assumptions made in the so-called "scientific-based" identification concept. Associative personal effects information and physical evidence are just as important. Ignoring PE information that tends to support or deny the potential for linking MFI victims to fragmentary human remains is short-sighted and unfairly decreases the scope of the total investigation.

Reliance on DNA Results Months After this Incident

DNA evidence is commonly misconceived by people outside the DNA community. The common misconception unrealistically considers it infallible. It is certainly a step beyond most other disciplines in reliability but it has serious limitations. The number of Unknown specimen samples and the required family reference samples created by a MFI would tax ANY of the commercial, high-throughput biotechnical laboratories. Now the chance of multiple events that are nearly contemporaneous has occurred with the Rhode Island and Alaska Air incidents. The overweighing of "genetic identification" perpetuates the delusion that DNA profiling is "100% certain" and is a substitute for exhausting all avenues of traditional investigation.

Debrief: DMORT was given the opportunity to thoroughly investigate all the physical evidence present during their tenure at Port Hueneme. The final opinion I have is that they perform the easy identification procedures and generate a plethora of internal record keeping but make excuses why they can’t continue the on-site investigation to its logical conclusion.

Digital Imaging Capabilities

There should be a digital comparison capability at a MFI. This allows both photographs and radiographs to be metrically and physically compared. See: DIGITAL ANALYSIS My colleagues and I were successful in using these simple techniques to quantify comparisons on a number of subadult remains and adult remains which had anatomic and developmental characteristics, but no dental restorations. At the very least this allows for exclusionary decisions to be made with something other than opinion.

NTSB Reliance on DMORT/ NDMS Services:

It is admirable that the NTSB entered the mass disaster identification business after the TWA incident. The lack of consistent mortuary and family assistance prior to the NTSB mandate demanded a more centralized and professional approach.

Debrief: DMORT arrived at Port Hueneme with excellent equipment and physical support staffing. The mortuary management and identification services were severely hindered by their myopic opinion on human identification and an organizational culture that tends to resent input from locals who are better qualified but outside the DMORT hierarchy of control.

I was not impressed by the initial DMORT promises to "work with" and "assist" the Ventura Medical Examiner Office. I was pessimistic that their upper management would support the whims and opinions of their onsite counterparts when serious disagreements arose.

This was affirmed by my personal experience throughout DMORT’s tenure at Port Hueneme and their later "liaise" at the Ventura Medical Examiners Office on Foothill Road. The issues that were incorrectly managed by DMORT are categorized below:

Triage Management or Inventory of Human Remains: It is ridiculous to immediately process every single bit of tissue according to the chronology of its arrival at the morgue. DMORT possesses no criteria based assessment protocol and rushed to "get busy" during their first week at Port Hueneme. This resulted in unprioritized mortuary and identification methods.
Accession: No consistent inventory of human remains was created at the outset of DMORT’s response. This inhibited communication and planning for later steps in the identification process. Accession criteria was extremely variable and prevented a logically numeric cataloguing of samples and class characteristics of human remains. This proved to be a serious deficit when DNA sampling began weeks after the crash occurred.
DNA I: The lack of timely correlation between DNA collection and the inventory of potentially identifiable human remains is the prime example of how little forethought goes into DMORT’s "disaster response planning." Harvesting of unknown and references samples must be commenced immediately and not at the end (weeks later) in the process.
DNA II: I suggest that DNA sampling commence at the outset of the identification response. Decomposition was allowed to progress in many of the remains before the DNA samples were recovered.
DMORT personnel selection produced a combination of experienced forensic pathologists, nonforensically trained participants and a contingent of underexperienced individuals who apparently joined DMORT to get on-the-job forensic training. I was personally involved in numerous arguments concerning dental identification SOP’s with an individual tasked by DMORT as a qualified forensic scientist. This person responded with the first wave of DMORT people. I had expected to test the waters of "mutual aid" with DMORT dentists on a team level, but I found little interest other than personal achievement and self-aggrandizement from this individual. Apparently, the criteria for his being chosen was not based on his complete lack of practical experience in human identification. Three out of four DMORT "forensic" dentists that arrived periodically during this incident required extended supervision and on site training. Only one, Dr. Kelly Faddis from Utah, who unfortunately could only participate for three days, was experienced. All in all, this was more annoying than permanently damaging to the final outcome of the investigation, but if the event had been any larger or in a location with no local forensic representation, I consider the possibility of reduced effectiveness of the dental identification process to be likely.

Here’s an excerpt from the Mass Disaster Chapter of the MANUAL OF FORENSIC ODONTOLOGY that I co-edited with Dr. Gary Bell. This article was written by Colonel Jon Curt Dailey DC, US Army, who wrote about similar problems related to identification procedures at a mass disaster. The commonality of his statements involves the proper blend of experience and planning necessary to manage a forensic investigation.

"Do not let two inexperienced individuals function together unsupervised as a team in any section. Forensic trained people should be in charge of forensic operations regardless of their position in an organization rank, or perceived station.
Local personnel must be adequately prepared, through experience or training, to properly handle such forensic situations. If not, for humanitarian reasons they should voluntarily bow out of locally appointed positions of responsibility. Problems of egoism, based upon preconceived notions of self glorification, have no place in mass disasters. Vainglorious reiterations of self-proclaimed "successful" identification efforts are overabundant in the forensic literature, and on the forensic lecture circuit. Self-abnegation for humanitarian principals is claimed more often than it is practiced. To needlessly prolong the agonizing wait of families who know their loved ones have perished in a terrible disaster, because of the inconceivable practice of training forensic dentists on-the-job, borders on the unethical.
If the forensic dental section of an identification operation is properly staffed and managed by experienced dentists, it is possible to offer inexperienced personnel, adequately versed in forensic dental techniques and capabilities, the opportunity to learn from their peers in the field.
The infusion of experienced forensic dentists into this operation prevented numerous errors from becoming anything more than time consuming nuisances, thus, allowing the effort to conclude successfully.
While the errors encountered during this effort did not result in any nonidentifications or misidentifications, in all probability, this was due to the nature of the remains and the timely arrival of experienced forensic odontologists who quickly rectified the problems they encountered. However, the implications of this post-incident analysis are quite serious. Had more of the dental remains been severely fragmented and of lesser quantity, some of the errors previously discussed could have, in the worst case scenario, resulted in misidentifications. One cannot manage an identification effort using exclusively inexperienced personnel and expect to make no mistakes.
The numbers of dental remains discussed in this paper were of an easily manageable size, and the condition of the remains such that the needless and frustrating duplication of efforts eventually yielded correct results. In a large disaster involving great numbers of remains that are severely fragmented and incomplete, data automation of inaccurate records, such as the type observed in this operation, could well result in possible dental identifications going undetected. In a scenario involving several hundred sets of
severely fragmented remains, such as the recent JAL airline disaster, utilization of data automation and a software sorting program such as CAPMI, moderate errors such as those discussed previously will result in "matches" being turned into only "possible matches". Worse yet, critical errors can turn "matches" or "possible matches" into "mismatches". One can easily imagine a scenario where these same inexperienced personnel who improperly prepared the antemortem composite records, could unwittingly place too much faith in the results obtained from such a technological tool, overstep the bounds of forensic science, and misidentify remains.
It is apparent from the magnitude of the errors discovered by the author, that the on-the-job training in forensic dentistry that had initially taken place, is a lesson in managerial misjudgment."

Dataprocessing and Use of the WINID2 dental sorting program

Not one of the DMORT dentists or database personnel knew anything about WINID2 at the beginning of this event. This program is an aid to collate, categorize and compare dental records to postmortem dental information. I was quite happy to use the familiar US ARMY created program CAPMI IV and met with considerable resistance when I began to initially use it as a backup to DMORT’s insufficiencies. The use of either program slightly facilitated the dental identification process, due to the fact that the number of fatalities and ante/postmortem records was below 200.

The DMORT VIP program that inventories the other information from the autopsies does not interface with WINID2 in the current DMORT data center. It can be patched in, but the time wasn’t appropriate to problem solve this. This necessitated the dental team to recreate the passenger list and input the physical characteristics of antemortem and postmortem records. In this event, the DMORT dentist was insensitive to the possibility of sorting information by these criteria. I backed up the information on CAPMI IV at home to provide this cross-referencing capability.

Future Decisions for the NTSB regarding Human Identification

The management style and ponderous structure of DMORT will never result in a consistent, cohesive forensic and investigatory response team. I have doubts that their previous activities have been thoroughly debriefed and improvements initiated to rectify past insufficiencies. There are too many Regions and too many people involved to bring this organization of apparently HUNDREDS of people from varying strata of forensic training, mortuary service and amateur volunteers. I urge you to establish a relationship with AFIP and consider hiring select civilians to augment the staffing requirements.

 

Respectfully submitted.,

Mike Bowers DDS, JD

 

Diplomate, American Board of Forensic Odontology

Fellow, American Academy of Forensic Sciences

Senior Crime Scene Analyst, International Association for Identification

 


 

 

 


 

 


 

 

INFORMATION: ADDED July 11, 2000

My Information

I am a dentist in private practice and a Board Certified forensic dentist who assisted in the identification process of the fatalities which occurred in the Alaska Airlines crash of January 31, 2000, in Ventura, California. I live in Ventura and was asked to assist due to my consulting relationship with the local Medical Examiner's office. My title with this department is Deputy Medical Examiner (voluntary). I am not a County employee, but rather, a consultant to this department when forensic dentistry is relevant to their investigations. My forensic practice is outlined at the following website Forensic Dentistry. Over the years I have assisted in two previous airline accidents.

 

Synopsis I: State Issuance of a Presumptive Death Certificate is Needed

The aftermath of a MFI leaves the families in a tenuous position if their loved one(s) are not identified during the recovery. The issuance of a death certificate (abbrev: DC) in most US States is required for the families to initiate Probate proceedings and to settle financial matters of the deceased. This DC can be delayed for years by statutory limitations of the States’ Probate Code. The California State Attorney General’s Office, the Ventura County Counsel, and the Ventura Superior Court initiated proceedings to create a judicial solution to this problem. An alternative is for each State Legislature to amend the proper Codes to allow for a presumptive DC based on the "total circumstances" of an MFI.

 

Synopsis II: The problem of poor management and misrepresentation of expertise and capabilities:

 

1) DMORT organizational structure of Regions and multi-lists of on-call/ part-time members possesses an extremely diluted core of certified forensic investigators and individuals who are properly trained. For those other members with no formalized training/experience DMORT training appears to be administrative based-only. This results in an illogical staffing system that brings in professionally trained people from far-flung locales outside the crash site region to compensate for this weakness that exists in a particular Region. This remainder eventually get on the job experience during an actual MFI (mass fatality incident). This argues the validity of DMORT's Regional concept with all its attendant support and maintenance expenses. This can't have a balanced cost to benefit ratio.

 

2) DMORT site management (does not include the personnel manager) was not forensically qualified to assist in the detailed investigation necessary in an incident of this type. The responsibility should rest with a professionally trained individual who can interface as a peer with the local Medical Examiner/Coroner and not a government bureaucrat.

 

3) DMORT upper management was not onsite, but in constant contact with the site manager. The lack of appropriate forensic certification in death investigation or a related forensic identification discipline of this individual underlies most of this critique. 7 out of 10 regional DMORT commanders are also not forensic scientists. The DMORT chief is a funeral director.

 

4) DMORT has a preponderance of funeral/mortuary people in positions of forensic significance or decision making. This is inappropriate.

 

5) DMORT's personnel management is a random, seat of the pants, selection process that fails to utilize funding previously provided by a federal grant for software that might permit better staffing management control.

 

6) DMORT training is failing to provide its members with a clear understanding of all the steps required to produce a satisfactory outcome in a mass fatality disaster such as the Alaska Air crash.

 

7) DMORT data collection and record keeping is lacking in fundamental relevance to the task required of it.

 

8) My suspicions are that the stated qualifications of certain DMORT members regarding their previous forensic experience is inaccurate and self-serving.

 

Recommendations

1. If DMORT ceases to be retained by the NTSB, I suggest that the Armed Forces Institute of Pathology and the conjoined military agencies ;Central Identification Laboratory Hawaii/Dover, Del, Armed Forces DNA Identification Laboratory; be tasked to develop additional resources to be on call for MFI response in the civilian context. The use of properly selected civilian staffing should be included

2. DMORT is very well equipped. The indicated problems are all concentrated in the area of poor forensic oversight, unsophisticated death investigation organization and mediocre management. If the NTSB continues to use DMORT’s services, I strongly suggest that this organization’s Director be a certified forensic scientist, certified forensic pathologist or highly experienced, formally trained, death investigator.

3.Oversight of DMORT is mandatory. I suggest that the National Association of Medical Examiners and the American Academy of Forensic Sciences establish a governing body that will inspect the existing DMORT protocols, personnel credentials, and overall scheme of execution of forensic recovery efforts. Quality Control of DNA methods should be established by the American Society of Crime Lab Directors.

4. The inclusion of well established, and certified forensic scientists in the first response DMORT team. This includes the on-site manager who has the formal training and capabilities to perform at optimum level of forensic investigation.

_____________________________________________________________________________

INFORMATION: ADDED July 12, 2000

  

SUGGESTIONS FOR IMPROVING FEDERAL RESPONSE TO AIRLINE CRASHES WITH MASS FATALITIES AND FRAGMENTATION OF HUMAN REMAINS CONSIDERING CRASH OF ALASKA FLIGHT 261, JANUARY 31, 2000

 

July 12, 2000

RECOVERY:

The initial recovery of human remains (HR) should be aimed at facilitating the later identification and release processes.

1. Those recovering HR should be instructed to put each piece of recovered HR in a separate container, both to lessen the chance that mixed HR will be considered part of the same individual.

2. Providing clear plastic bags of various sizes would be helpful in that others could examine an individual specimen without having to open the bag each time.

3. Suggest that specimens not be assigned any identifying number at this time, to lessen confusion caused by the proliferation of numbers.

4. Have the specimens refrigerated as soon as possible while awaiting more detailed examination, to preserve them for later DNA biopsies.

5. If the recovery staff is able, they could start sorting the specimens in the refrigeration units into those with potential for conventional ID, such as hands, dentition, large specimens with tattoos, HR with unique clothing or wallets, etc., to be examined first.

INVENTORY (TRIAGE AND CASE NUMBER ASSIGNMENT):

When DMORT arrives a few days after the crash they should start with an inventory process that would streamline the identification and release processes.

1. Examine each specimen bag to make sure there is only one specimen of HR in each bag. Split specimens into separate bags as needed.

2. Assign a simple tracking number for each individual piece of HR, such as A1, A2, A498, etc. for each, with the "A" representing Alaska; or V1, V2, V498 with the "V" standing for Ventura. Skip the multiple letters, dashes and so forth, since the tracking numbers will extend into the hundreds of thousands and will have to be written, typed and copied hundreds of times. The more complicated the numbers, the more likely errors and the more time consumed.

3. Weigh each specimen. This will help in deciding what percentage of the estimated total weight of victims has been recovered. It doesn't have to be precise: to the pound for larger HR and just an estimate for smaller HR, such as 0.5 pounds or 1.5 pounds for smaller HR.

4. Photograph, including any clothing and examine for ID in pockets of clothing attached to the HR or jewelry on the clothing. The clothing, jewelry and other person effects could be separated from the HR at this time and cataloged with the same tracking number as assigned to the HR specimen.

5. Biopsy or biopsies for DNA should be taken at this time since they are as fresh as they will ever be and then placed in a freezer, using the same inventory number. Arranging them in sequential number order will help for later processing.

6. Decide what other stations the HR should go to and in what priority, e.g., pathology for examination/autopsy, dental, fingerprints, X-ray, anthropology. A forensic pathologist, if available, should make that decision. Specimens with a high likelihood of successful conventional ID should be selected for examination/autopsy first, other big specimens second, etc.

CONVENTIONAL IDENTIFICATION PROCESS:

Despite the extensive fragmentation of bodies in the Alaska 261 crash, 70% of the victims were identified by non-DNA methods from the recovered HR (estimated to be about 2/3rds of the total weight of the crash victims). Conventional ID is much simpler than DNA, quicker than DNA, much cheaper than DNA, makes the later DNA process much easier, and can be just as accurate as DNA (nearly 100%). But to effectively utilize conventional ID, the morgue staff has to understand the process and buy into it.

1. An accurate, complete manifest of passengers and crew should be obtained from the airline quickly.

2. The premortem information collectors should start promptly and should revise their questionnaire, especially regarding specific identification information like unique jewelry probably worn, shoe size, tattoos, scars, birth marks, etc.

3. In the Alaska crash, about 25% of the conventional ID's were made by dental comparison, 25% by fingerprints, 25% by personal effects (mostly wallets), and 25% by other unique features (mostly tattoos).

4. Some of the professional staff in the DMORT operation had a distorted view of what a "positive identification" means. Some thought that it meant "scientific". They believed using clothing, personal effects and tattoos, or the process of elimination was not scientific and identification made by such means was not "positive ID". Such academic arguments might seem to be of little practical importance, but in the case of Alaska 261, certain DMORT staff took the argument to the point of refusing to assist the local medical examiner in his attempts to identify HR by using clothing. The DMORT administration supported this "work slowdown" and the medical examiner had to bring his own staff in to conduct a clothing examination prior to releasing the clothing to Kenyon. This was demoralizing to most of the DMORT staff and to the medical examiner. Since the ME is stuck with the ultimate responsibility to determine when sufficient evidence indicates identification can be made, then DMORT should not stand as an obstacle. Some DMORT staff apparently doesn't understand that probability statistics are different when dealing with only 88 people to choose from rather than the whole world's population. For example, we knew only three babies were on Alaska 261 and only one was a boy. When we found a baby's torso with a penis we knew we had identified the baby boy. DNA conformation was not necessary. The term "positive identification" should either be eliminated from the NTSB and DMORT literature or realistically defined.

5. Once HR specimens have been examined, they should be placed in frozen storage to prevent decomposition pending ID and release.

6. When placed in frozen storage, HR specimens should be arranged and cataloged in sequence. This would facilitate later collection of the many different pieces that may represent one individual when DNA test results come back.

7. Data Storage: DMORT uses two systems of data and information storage, paper files and computer programs. The paper files have proven far more useful to the medical examiner in dealing with later ID problems, family issues and releases of newly identified remains. However, the files are physically mismatched and ungainly to use. The quality and consistency of the documents within are spotty. The computer data is not very useful, is hard to use and, in fact, sits unused in the ME office. Only one "identification" was made by the computer, and that ID could have been made by staff two weeks earlier if someone had just read the family data about tattoos. Perhaps the computer would be of more use in a crash with two or three times as many fatalities as Alaska 261, but in this case massaging the computer drained staff and time. All the information put in sits unused and appears to be useless.

COMMUNICATION WITH FAMILIES:

During the initial week, when the family assistance center (FAC) was staffed, NTSB staff and Alaska Airlines staff were very helpful with the grieving process. After the FAC was closed, direct federal assistance with family issues became scant.

1. After the first week and the closure of the family assistance center, telephonic updates to families were the local ME's responsibility. DMORT staff refused to talk with families or directly answer their questions about the condition of the remains. DMORT administration said their staff was not trained to deal with families. This resulted in a cumbersome system of physical relays of information from telephone calls. County staff, with no more specific training and less specific knowledge had to handle family assistance calls. They would have to walk the questions over to DMORT, across a parking lot, read the file or find a person who could answer the question, walk the answer back to the phone and call the family back to answer the question (and wait for the next question). In our office, the staff with the information speak directly with family, including "busy" professionals. DMORT staff, when operating a temporary morgue, should do the same to help the medical examiner help the families.

2. Months later when DNA results started yielding more identifications, NTSB staff wanted the ME to keep the families informed of the identification progress but refused to make the calls to families, citing liability concerns.

DNA SAMPLE COLLECTION;

Some key DMORT staff and administration do not understand the DNA biopsy and identification process well enough to properly do the job.

1. At last one biopsy sample should be taken for DNA testing from each separate piece of HR as early as possible, labeled with the same number and frozen.

2. Placing them in some order in a freezer would facilitate later handling and shipping.

3. DMORT should find out what sort of container DNA labs prefer and use it.

4. DMORT should find out what type of tissue DNA labs prefer (such as muscle preferred over fat or skin, organ over fat, cortical bone over bone marrow, etc.).

5. DMORT should understand that it is better to submit only part of a small piece of HR, rather than the whole specimen for DNA testing if possible, since otherwise there may be nothing to return to the family.

6. The AFIP DNA lab should educate DMORT and the local ME about the current best practice of DNA labs at the time of a crash.

7. The term "common tissue" was used by upper levels of DMORT morgue operations staff and at best, reflects a lack of understanding of the DNA identification process. It appears that the term was used to refer to HR that would be unidentified and would eventually be related to burial in a common grave. However, with proper biopsy for DNA, DNA matching will identify virtually all tissue that is not too badly decomposed. The term common tissue should be banished from the DMORT vocabulary since it promotes improper separation and processing of HR. This inadequate handling led to repeat trips back to the frozen remains to re-biopsy, or biopsy for the first time, tissue that was inadequately processed or documented. This has added to the cost of the process and delayed the conclusion of the operation.

 

WHAT IS THE FEDERAL MISSION IN AIRLINE CRASH MASS FATALITIES?:

 

This is more of a philosophical question of what government's responsibility to the public, as stewards of the public's tax funds, in an airline crash, and what is the responsibility of government to the surviving families of the decedents. Recovery and identification of all human remains fragments, at any cost in time and money, may not be what the public or most families of decedents really want.

1. Communications from any of the families indicate that the prolonged process of DNA identification has emotionally drained them and delayed psychological closure of the tragedy. Many have said that they think the remains should have been left "buried at sea". Indeed, some even plan on scattering the ashes back in the ocean at the crash site. Others don't even want to know if more pieces of HR are identified as coming from their loved one.

2. Valid California death certificates have been issued for 30 of the crash victims through a petition of the Superior Court, within six weeks of the crash, despite no remains having been identified at that point and with no assurance that any more remains would ever be identified. California laws, and the laws of most states, do not require a physical identification of remains to prove that a person died in order to get a death certificate issued. Ironically, the potential for identification through a protracted DNA process may actually delay getting a valid proof of death to families because it may deter a judge from issuing a death certificate since all testing is not yet complete. It may ironically delay the process of settling estates and collecting insurance or Social Security benefits.

3. The medical examiner or coroner does not statutorily need or require that HR be hunted and collected. Yet, the ME was told that the expensive and potentially risky process of recovering HR from 700 feet below the ocean was being done to meet the ME’s needs. The ME clearly informed the NTSB and the Navy no need existed to have the remains recovered from the wreckage. The justification for continuing with the recovery of HR then changed to its being incidental to the recovery of the plane wreckage.

4. The reasons for proceeding with a multi-million dollar protracted recovery of human remains should be rationally examined. Is the NTSB going to try to recover remains that are at the fringes of physical possibility?

5. The justification that the families want the remains returned doesn't apply to all families, especially when the remains are mostly fragments, and identification will require many, many months, delaying psychological closure. Most citizens would understand that the decision to recover or not recover remains from a mass fatality incident must also involve cost/benefit considerations.

     

  1. In an ironic twist, some insurance companies have delayed payments of death insurance policies, delaying financial closure, citing incomplete DNA test results as the reason. Without the DNA testing, some families would have been paid promptly based on the valid death certificates already issued.