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ARTICLE WRITTEN FOR PI MAGAZINE
SPRING 2000 EDITION
Missing or Murdered -
What You Need to Know
by Gil Alba with case input by Kathy Kupka
As a private investigator, I know the value of helping others.
In this industry, teaching and sharing information is crucial.
I am proud to have this opportunity to share my experiences
and expertise with the readers of P.I. Magazine. I have
found great value in the opinions, strategies and recommendations
of other private investigators that have shared their knowledge
through P.I. Magazine.
Heart-rending cases are my specialty - young men and woman
who disappear, their loved ones frustrated by law enforcement's
perceived heel-dragging, citizens kidnapped and now the
perfect pre-meditated murder disguised as a missing persons
case.
Of the many images brought to mind when one hears the words
missing person, one image not readily brought to mind is
that of the perfect premeditated murder; a murder in which
no weapon, no evidence, no witnesses and no body is discovered.
Although the family identifies the alleged killer to the
police and has circumstantial evidence that foul play has
occurred, that person is able to retain an attorney and
refuse to cooperate outright.
One such case that is public record, which I am presently
investigating is the Kristine Kupka Case (www.kristinekupka.com).
Kristine disappeared on October 24, 1998. Kathy Kupka, her
sister, has been working tirelessly with me in trying to
solve the mystery of her sister's disappearance and is the
catalyst behind the progress of this investigation. Kathy
stated that: Kristine was five months pregnant, an honor
student at a Manhattan college and was seeing one of her
adjunct professors, Darshanand "Rudy" Persaud. He found
out that Kristine was pregnant just days before he was to
have his own religious marriage. Kristine was unaware of
his other life. He begged and pleaded with her to have an
abortion throughout the pregnancy, but she refused.
On October 24,1998 an unseasonably warm Saturday,
Persaud picked Kristine up at her Brooklyn home and she
never returned.Kathy Kupka believes that the perfect premeditated
murder was hence, set in motion.
The police called in the last person seen
with Kristine, Rudy Persaud,
but he appeared before the detectives in the presence of
his attorney and refused to answer pertinent questions.
Because there was no probable cause, the fourth amendment
holds that no warrants can be issued, no search & seizure;
therefore, the case was weakened shortly after the 28-year-old
female's disappearance. The Miranda Warnings and probable
cause have stymied law enforcement investigators, consequently
giving the impression of the perfect murder. That is when
the private investigator must step in and utilize very skilled
techniques in order to bring closure to the family of the
missing person.
As one can imagine, a case of this nature is emotionally
draining. Dealing with friends and family facing this situation
is both heartbreaking and demanding. Kathy Kupka stated,
"Mr. Alba was the first one who showed a genuine interest
in what we had to say, the first time anyone gave Kristine's
closest friends and family a chance to share their views
and opinions." In working nearly from the inception of the
Kristine Kupka Case, I feel that I am able to bring to light
some very important investigative techniques that will help
other PI's better understand this type of investigative
process.
The Kristine Kupka Case has all the elements,
combined in one. Almost every type of investigative process
that private investigators, law enforcement officials and
attorneys have knowledge of must be utilized, such as:
Conducting interviews, both interrogation
and informational
Performing background checks
Gathering evidence
Organizing computer data
Interacting with the media
Communicating with law enforcement
Providing surveillance
Writing up the case
Formulating presentations
Preparing case for eventual trial
By maintaining a vision of the entire case
and keeping an open mind
throughout the investigation, other leads and other directions
will
manifest. However there are a number of do's and don'ts
to be considered:
Conducting an interview without first organizing
your thoughts,
preparing your questions, and seeking answers that will
lead to other
meaningful intelligence . . . will result in dead ends.
Do not sit back and wait for the evidence,
data or information to come to you. Do not be passive, go
out and seek information, pursue leads and be aggressive.
Remember to absorb all information, whether
it appears important or
not, as it may come to mean something as the investigation
proceeds. Do not focus on one suspect, one scenario, one
direction, look at all peripheral information. In time,
when you start to assemble the puzzle, all of the information
gathered will start making sense.
There will come a time in conducting a complicated
investigation when things simply seem to fall apart. To
the inexperienced investigator, it appears as if there is
no hope and all leads are exhausted. This is the time when
you need to push the investigation that much harder. Suddenly,
new information will appear, not by luck, but by continuous
hard work and diligence. In cases of persons who mysteriously
disappear, or the perfect premeditated murder, there is
most likely an attachment to the victim, boy/girlfriend
or husband/wife. A random killing is much more difficult
to solve because it is not as likely to be premeditated
nor is there an attachment to the victim.
There are a number of very important details
that should not be forgotten upon accepting a missing person
case of this caliber. First, treat the family with great
respect, sensitivity, kindness, optimism, and
professionalism. One should recognize the pain, emotional
stress, and
anguish with which they are living. Secondly, I assure each
family that I would not have taken the case if I were not
confident that there would be some type of conclusion. However,
this belief does not come without hard work from the family
and a real commitment. Keeping an optimistic attitude and
transcending that attitude to the family is vital.
In my experiences in working with families
in crisis, I have found that
family involvement is crucial to effective investigation
and to bringing a
conclusion to these emotionally sensitive cases. Families
must be involved in the actual investigation. This not only
benefits the investigation, but the family, as they feel
involved and productive. They are also kept apprised of
all developments; thereby, feeling control in an otherwise
uncontrollable situation. This allows families the freedom
to be responsible for some aspects of the case. By providing
guidance to the family, I find that I can spend less time
actively working the case and the time I do spend on the
case is used to advise the family and work on sensitive
details.
Therefore, it saves the family money, making
it more cost effective for both the family and the P.I.
This is an entirely different perspective than that of the
police who must, to maintain the dignity of their investigation,
keep their information private. However, in conducting such
cases, you must be cautious not to interfere with the investigation
of the police department.
Soliciting information and evidence through interviews is
the most important part of any investigation. Electronic
devices, high-tech equipment and computers are extremely
helpful, but they are only support tools. The real payoff
is through the interviews you conduct.
My personal preference is to break the interviews into three
parts. The first part is a feeling out period. The more
homework and information the investigator does prior to
the interview, the more likely the questions are to be focused
so that the final objective can be achieved. It is critical
for the investigator to establish a bond of trust (not to
be confused with friendship) with family members/friends
of the missing person and/or the suspect.
"Why would the families of the suspect let you in, or even
talk to you
without slamming the door in your face? I know I wouldn't,"
is a logical response. I have total confidence that I will
be able to have a conversation with the most unapproachable
and hostile person. If that person is involved with or related
in some capacity to the alleged suspect, they are just as
curious as to what facts they are able to learn from you.
Always keep this in mind as not to divulge too much information
at this point.
Having a family member of the missing person
accompany you on the
interview is instrumental. I have discovered that people
are much more likely to listen and to be cooperative when
a person related to the missing, in this case, Kathy Kupka
is present with me upon conducting the interviews. Mrs.
Kupka knocks on the door as I stand back and in this way
no one is alarmed. Once Mrs. Kupka begins the conversation,
I move in slowly and do most of the talking without being
intimidating or sounding accusatory. We explain that Kathy
Kupka is the sister of Kristine (missing) and this alone
has a profound affect, as it now places a real person, "a
sister", behind the anonymous missing person. We describe
the pain and trauma that the family is suffering and ask
for their help. I ask if they know anything about the case
and subtlety ask direct questions that are relevant to the
investigation.
It is significant for the investigator to realize that it
is human
nature not to tell a stranger (interviewer) everything at
the first
encounter, but obtaining trust is critical. At this stage,
people are not
candid, however that has to be accepted in order to get
on to the second phase.
The 2nd phase is when the interviewee mixes the denials,
half-truths or lies with the truth. This is the time where
an investigator has to work hard and question cunningly
to sift fact from fiction and truth from lies. This helps
establish a bond between the person being interviewed and
the interviewer, as you are now absorbing, listening and
showing interest in everything that the person expresses.
With effort, a working bond of trust should come out of
this part of the interview process.
Finally, the objective of the third part of an interview
is to eliminate the fabrications and less than candid responses,
and concentrate on the truth. Decide exactly what you want
to get out of the interview. This stage is where the critical
information is shared. Give them just enough that they realize
that you have done your homework. Be sure that their perception
is that you have obtained a great deal of knowledge about
the case. Keep in mind that you may only have one chance
for an interview and if you alienate that one piece of indispensable
communication, there may be no second opportunity. Again,
leave the person with a sense that you are able to return
and re-interview them. Do not terminate the interview without
coming away with other leads and directions.
Bear in mind that no one, including the police, private
investigators or
court officials can accomplish what the family of the missing
demand. The family is understandably desperate and much
of the time has unrealistic expectations. Keep the family
focused in reality and aware of your course of action. To
maintain a healthy and productive working relationship,
the P.I. has to show empathy and learn and understand the
personalities and the behaviors of the members of the family.
The Kupka case was given a great deal of media attention.
Kristine's
disappearance was featured in the New York Magazine, Cosmopolitan
Magazine, numerous TV shows including the Leeza Gibbons
Show, America's Most Wanted, Montel Williams and Maury Povich.
The television show, 48 Hours with Dan Rather, is presently
filming a documentary on the search for Kristine Kupka which
will air in May of 2000.
Without the assistance of a private investigator, the sense
of closure will continue to elude families and justice will
never prevail.
I retired after 28 years of service in the New York City
Police Department's FBI Task Force and reached the highest
investigative rank, Detective First Grade. I was involved
in many unique cases as a member of the NYPD and now as
a private investigator. I helped facilitate the rescue of
tuxedo manufacturer, Harvey Weinstein, who was kidnapped,
buried alive, rescued and returned to his family along with
the 3 million- dollar ransom. I led the search for the 22-year
old male Larry Andrews, who left home in Brewster, New York
to watch the ball drop in Manhattan's Times Square two New
Year's Eve ago only to be found dead some 43 days later.
I have worked extensively on bank robberies, corporate fraud,
high-profile cases and helped a bereft Dominican mother
find her 22 year-old missing son - - - the victim of a kidnapping
and drug cartel killing. Out of the search for Larry Andrews,
I helped establish a web site that includes all of the experience
gained during the search in order to share it with other
families who may have a missing family member and not know
how or where to begin the search. The web site remains very
active and families seeking to find support or guidance
regarding missing persons visit it frequently: the web site,
(www.iammissing.com),
is hosted by volunteers, Ross Glatzer, Jed Freeman and myself.
Call 914-621-4331 or e-mail us at gil@albainvestigations.com
Alba Investigations covers:
New York City - Westchester County - Putnam County
Rockland County - Entire New York City Metro Area
Towne Center at Somers
108 Village Square, Suite 215, Somers, NY 10589-2305
Phone: 914-621-4331 | Fax: 914-628-6120
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