The layperson’s unofficial, unauthorized FBI fingerprint protocol playbook**

**and the ways in which Ronald Tammen’s case was treated as an exception to the rule

The year that fingerprints first became part of J. Edgar Hoover’s tactical toolkit was 1924, the same year Hoover was named director of the Bureau of Investigation, forerunner of the FBI, and also the year in which the Identification Division was created. The technology itself has changed since then, but you’d expect that, wouldn’t you? In 1924, Calvin Coolidge was occupying the White House, the Charleston was all the rage, and “23 skidoo” was something people would actually say to one another to appear street smart and hip. It was a very long time ago.

And yet, change didn’t come quickly for the folks in the Identification Division—or Ident as they were known to their fellow employees. For decades, the FBI was collecting fingerprints with the same tried-and-true method that they’d used since 1924—rolling black inky fingers onto white cardstock—and training thousands of employees the art of eyeballing one card against another to assess whether they came from the same set of fingers. They were using this methodology through 1941, when Ronald Tammen was fingerprinted as a second grader. They were still using it in 1973, when they fingerprinted the guy at Welco Industries to see if he might be Ron. And they kept on using it for more than a quarter century after that. Not until 1999, after the FBI had changed the division’s name to Criminal Justice Information Services (CJIS) and later moved the division to West Virginia, did fingerprinting finally go digital.

Millions of cards—Ron’s, the guy from Welco’s, plus all the others—were trucked from FBI Headquarters to the new facility in Clarksburg, WV. So many cards. Enough to go around the world if laid back to back, according to a former employee. Each and every card was scanned into a database, a feat in itself. Initially, that database was the Integrated Automated Fingerprint Identification System, or IAFIS. IAFIS was a game-changing innovation that could sort through and match fingerprints in a fraction of the time that it would have taken an Ident staffer to do under the manual system. And as skillful as Ident staff were at reading fingerprint cards, no longer would the FBI need to rely on occasional judgment calls, which, much to Hoover’s and his successors’ chagrin, could vary. In 2011, CJIS began incrementally upgrading to the Next Generation Identification (NGI) system, a massive database that is even faster and more powerful than IAFIS and incorporates fingerprint technology with all other biometric technologies except DNA. DNA has its own database, called the Combined DNA Index System, or CODIS, which we’ve discussed in previous blog posts.

So the process of collecting, sorting, and searching fingerprints has become way faster and more efficient thanks to the digitization of fingerprint data. But the basis of the technology—where the loops, whorls, and arches found on everyone’s fingertips are counted, categorized, and compared—is essentially the same as it was in 1924. And the importance of fingerprints in identifying one individual from another hasn’t changed much either, even today, when DNA reigns supreme.

Speaking of which, you know the meme of the guy who’s walking down the street with his girlfriend while he’s checking out another woman who just passed by?

Distracted boyfriend

Yeah, that one. DNA and the latest biometric tools, such as palm prints, irises, and facial recognition, may be what evokes oohs and aahs from people who like to keep up on the coolest new tech trends, which, to some degree, is most of us. But dollar for dollar, fingerprints continue to be the cute, nice, reliable technology that’s sometimes taken for granted. And yet, even with all the advances that are made in biometrics, it’s a safe bet that fingerprinting will continue to be an important identification tool for years to come. That’s because it’s built on the utterly astounding and never-proven-otherwise premise that no two people’s fingerprints are ever the same, even those of identical twins. And—get this—according to the book The Fingerprint Sourcebook, produced by the National Institute of Justice, of the U.S. Department of Justice, some people in China were using fingerprints as a means of identification as early as 300 BC. Does that blow your mind as much as it blows mine? How could people from 300 BC have known that fingerprints were so special? I’m quite sure that the first person to have used them would be surprised, no stunned, to know that their wild, out-of-the-box idea—their ancient hack to a primitive need—would still be used in 2020 and beyond.

Don’t get me wrong: No one here wants to disparage DNA. DNA is great. DNA is important. DNA technology has improved so much since the early days that even miniscule samples have helped solve cold cases such as the Golden State Killer. And if your DNA is found at a crime scene? Well, you’re probably toast. It’s pretty much attained “smoking gun” status, which isn’t the case for fingerprints. Fingerprints that are left at a crime scene—called latent prints—can be damning too, but, they’re rarely perfect. According to a 2017 study of the American Association for the Advancement of Science, they are often refutable, since they’re usually incomplete and, as the AAAS study points out, nearly impossible to match to a single source.

Nevertheless, fingerprints, especially what the FBI calls the “ten print,” non-latent variety, aren’t going away anytime soon. If you want to know the true identity of someone, their fingerprints are better than a name. Better than a Social Security number. Better than a picture ID.

“Fingerprints are considered positive identification, so it’s a much better way to identify people who, for whatever reason, don’t want to be identified. And that probably means most of the criminal element,” said one former CJIS employee.

So yeah—fingerprints, baby!

But we aren’t going to be talking about the science of fingerprints anymore on this blog post. No, the topic for today is standard operating procedures—or the bureaucratic maneuverings and machinations that take place once a set of fingerprints has been collected. In essence, we’ll be examining the life and death of a fingerprint, from the moment it’s pressed onto a white card or scanner and entered into the FBI’s system to the day it’s expunged. And friends, I challenge you to find anything on the internet that attempts to do what we’re attempting here. For the first time ever (I’m pretty sure), we’re pulling together information obtained from experts who categorized and analyzed fingerprints for the FBI for many years, a process that was drilled so deeply into their skulls that they could do it in their sleep. Then—when possible—we’re going to compare what the FBI routinely did, and sometimes still does, to what they did in Ronald Tammen’s case. And, spoiler alert: they aren’t the same.

My sources requested anonymity so they could speak openly, and because they no longer officially represent the FBI. We’ll do it like last time, in Q&A fashion. This time, however, I’ll list a question, provide an answer that merges what my sources told me with info from other related resources, and then, when applicable, compare and contrast that summary with the way things were handled for Ron Tammen, which will be printed in blue. Some answers may sound familiar to you, since we’ve discussed them before. Sometimes I added two and two together. You ready? Let’s do this.

Who can submit fingerprints to the FBI?

Only law enforcement agencies or a court can submit fingerprints to the FBI.

How it pertains to Tammen: This jives with Tammen’s case. Evidence indicates that Ron Tammen’s fingerprints were taken by the local police in Fairview Park, Ohio, in 1941, when he was a second grader, and they submitted the fingerprints.

 How were fingerprints submitted to the FBI under the manual system?

The FBI generally didn’t accept fingerprint cards from local police departments because they would have been overwhelmed by the numbers. Instead, they had state police bureaus and other channeling agencies. Generally, the local police department would send the prints to the state police bureau and the state bureau would send them to the FBI. Conversely, once the FBI determined whether or not there was a match, they would respond to the state bureau and the state bureau would notify the local police.

How it pertains to Tammen: According to info I have from around that time, the Fairview Park police sent the fingerprints directly to the FBI as opposed to going through a state police bureau. It could be that they’d gotten such an early jump on the FBI’s civil fingerprinting efforts that they didn’t need to involve a middleman. Whatever—this little swerve from the norm isn’t a big deal, in my view.

How are fingerprints submitted now?

It’s still law enforcement types and the courts who can submit fingerprints to the FBI, but they can do so electronically using the NGI system. Police officers can even fingerprint someone using a mobile device in their squad car, hit the send key, and then, in a matter of seconds, receive information on the person’s identity and whether he/she has a criminal record and if there are possible warrants out for their arrest.

How it pertains to Tammen: It doesn’t. It’s just interesting.

What does the FBI number mean?

The FBI number is assigned to fingerprints when they are submitted and placed in a file. It would not be assigned to a “return print,” a civil fingerprint that was going to be returned immediately to a local police department or to someone’s parents. This was the number that the Identification Division would use to track all information pertaining to those fingerprints.

How it pertains to Tammen: Ron had an FBI number (#358 406 B] assigned to his fingerprints, which means that the Identification Division took the time to create a fingerprint jacket for him (the folder where fingerprints were stored). This tells us that the FBI likely retained Ron’s prints from day one, as opposed to sending them back to Fairview Park, and that they also likely had his fingerprints on file the day Ron went missing. Is it weird that the FBI would have kept his prints when every FBI source I’ve spoken with has found this detail most unusual? Yes, it’s weird. But I’m just glad that A) he was fingerprinted at all, and B) the FBI retained the prints. Think about how much less information we’d have on the Tammen case if the FBI hadn’t had a fingerprint file on him. All the strange behaviors during all those critical years (particularly 1967, 1973, and ultimately 2002) wouldn’t have occurred. If my theory of what happened to Tammen bears out, then those fingerprints could be the one detail that his shrewd handlers had no prior knowledge of, and that Tammen had long forgotten about, that could finally bring us some answers.

What information was included in the fingerprint file/jacket?

The fingerprint jacket contained a person’s fingerprint card or cards. In a missing person case, if the Identification Division was fortunate enough to have the missing person’s fingerprints, that’s the only information they would maintain in this file. Other descriptive information would be housed in Records Management. As we all know from the preceding post, there was also an Ident Missing Person File Room, but it didn’t appear to be well known among Ident staff, and it was not part of the usual protocol when handling missing person cases.

How it pertains to Tammen: According to the FBI memo from 5-22-73, there was only one fingerprint card in Ron’s file, which followed protocol. What was unusual were the documents that had been kept—and removed from—the Ident Missing Person File Room, number 1126, in June 1973. I’ve filed several FOIA requests in hopes of figuring out that little side mystery and will keep you posted.

What did the FBI do with the civil print cards they collected?

Most of the civil fingerprint cards that the Identification Division received were treated as “return prints,” which meant that the FBI had no intention of keeping them in their files. Each fingerprint card would be searched manually against the criminal fingerprint file and, if there was no match, it would be stamped on the back: “no criminal record.” The card would then be mailed back to the submitting agency. If the civil fingerprint matched a criminal record, the submitting agency would receive a copy of the criminal record known as “a rap sheet.” (The FBI likely held onto those prints.)

Generally, the only fingerprint cards that would have been permanently retained by the FBI in the civil file would be military personnel and employees of the federal government. However, there was one group in particular whom Hoover encouraged to be fingerprinted, and that was the Boy Scouts of America. The organization, which had developed a merit badge in fingerprinting, would send the scouts’ prints to FBI Headquarters, and, in return, the boys would receive a letter thanking them for helping with the cause. According to MuckRock.com, the Boy Scouts’ prints were maintained in the civil file, though my FBI sources recalled that they had been returned.

How it pertains to Tammen: Every FBI source I’ve spoken with has been both surprised and skeptical that the FBI would have kept Ron’s fingerprints from 1941. Apparently, it was extremely rare for the FBI to retain children’s fingerprints in the civil file back then. However, the FBI clearly had his fingerprints on file at some point because in 2002, they expunged them. The fact that Ron’s fingerprints were assigned an FBI number convinces me that they held onto them as opposed to sending them back to the police or parents and asking them to return them when he went missing. (It doesn’t really matter which scenario happened, to be honest, but we’re going for accuracy here.) If the FBI did keep his fingerprints from childhood, they would have maintained them in the civil file until 1953. Then, when he went missing, they would have moved them to the criminal file since the criminal file is the active file that is always consulted when new prints come in.

What does the FBI do with the criminal prints they collect?

They keep them all. People who’ve been arrested 10 times will have ten sets of fingerprints in their file, ostensibly as a means for identifying latent fingerprints in possible future arrests. For example, if the fingerprint picked up at a crime scene isn’t very good, the FBI could bring up a suspect’s fingerprints from all ten arrests to find if a corresponding section of one of those prints is a match with the latent print. Also, retaining all criminal fingerprints creates a comprehensive history of all the dates the person was arrested.

Under the manual system, the first fingerprint card from the first arrest would be filed in the master criminal file. Fingerprints from any subsequent arrests were filed together in the person’s fingerprint jacket. Likewise, under the digital system, all fingerprint data was also entered into the database for that person.

The criminal file includes the fingerprints of, you guessed it, criminals, such as people who are incarcerated, arrested, or who have warrants out for their arrest. It also includes missing persons as well as some federal employees, such as people who work for the FBI. The latter policy started with—who else?—Hoover, who said, “if any of my employees have any contact with the law, I want to know about it!” Several other federal agencies with law enforcement responsibilities have their fingerprints in the criminal file as well.

How it pertains to Tammen: As you can see, the FBI goes to great lengths to preserve every set of criminal fingerprints that it collects, even in cases where multiple sets of prints for the same person are already on file. However, Ronald Tammen’s fingerprints—of which they only had one set—were expunged in 2002, even though Tammen was ostensibly still missing. We’ll be discussing this development in more detail later, but, for now, let’s try to fully appreciate how inexplicable and bizarre this action seems to be. By that year, Tammen’s single set of fingerprints—the FBI’s only definitive means for identifying him—would have been entered into IAFIS, taking up a negligible amount of digital space and harming virtually no one as they sat there waiting for a potential hit. For what earthly reason would the FBI feel compelled to erase them forever from their vast database? Why would that be in their best interest? I wonder.

Did the FBI ever check the civil file for a match?

According to one knowledgeable source, the only time an Ident staffer would consult the civil file is in the case of an unidentified deceased individual. If a set of fingerprints came in of an unknown person who had died, they’d first search the criminal file, then they’d search the civil file. During the Vietnam War, for example, the fingerprints of unknown soldiers who had died in combat would be sent to the FBI for identification. In such cases, the civil file would always be checked, since that’s where the prints for members of the military were maintained.

How it pertains to Tammen: This would only pertain to Tammen if his fingerprints were in the civil file and he turned up dead. Unfortunately, we have no way of knowing if either happened.

Do they still keep criminal and civil fingerprints separate in NGI, or are they all lumped together?

According to a 2015 article published by the Electronic Frontier Foundation, all fingerprint data, civil and criminal, are now lumped together under NGI, and searched together thousands of times a day. While individuals found in the criminal file should be used to having their fingerprints searched for matches, this was a new development for people in the law-abiding civil file, and it creates privacy concerns. My FBI sources had retired before this policy was implemented, so they wouldn’t be able to comment. However, the controversy appears to be ongoing.

 How it pertains to Tammen: It doesn’t, since Tammen’s prints were expunged in 2002, nine years before the transition to NGI had begun.

How difficult would it be to compare two sets of fingerprints in 1967: Ron Tammen’s, whose prints were in the criminal file, and a soldier in Vietnam’s, whose prints would have been in the civil file? (Question is in reference to this post.)

On average it used to take an Ident staffer 30 to 60 minutes to manually search an incoming fingerprint card against the criminal file, depending on the complexity of the print. A longtime employee said: “…If there were two sets of prints, one from an individual, one the military, it would be very easy to compare them to see if they were the same individual or not.”

How it pertains to Tammen: When Mr. Tammen wrote J. Edgar Hoover in October 1967 asking if the soldier pictured in an AP photo might be his son, Hoover responded that he didn’t have any more information on Ron’s case and suggested that Mr. Tammen contact the adjutant general of the U.S. Army regarding the soldier. In my opinion, this was a classic attempt at appearing helpful without helping at all.

 Was Hoover’s response flaky? Couldn’t Hoover have found out the soldier’s name and asked his staff to test Ron’s prints against the soldier’s?

Said one expert: “Yes, it was. I thought so too.” Said another: “I am guessing that the Bureau did not have the time or resources to follow up on a newspaper article with a picture.”

How it pertains to Tammen: Let the record show that I consider it flaky—and telling—that Hoover wouldn’t have asked one of his Ident staffers to do this minor task for Mr. Tammen. As for the suggestion that Hoover may have had insufficient time and resources, the Identification Division was one of Hoover’s biggest bragging points, where hefty amounts of resources were devoted to the processing of millions of fingerprint cards each year. In 1964, the year of the FBI’s 40th anniversary, they were averaging 23,000-24,000 incoming fingerprint cards daily. Couldn’t they take some time to look at a couple more? Once Hoover had determined who the soldier was by calling the AP or the adjutant general himself, all he needed to do was ask one of his many Ident employees to spend an hour or less comparing the two cards. If it was a match, he could be a hero. For some reason, he didn’t feel it was worth that small effort.

 What does it mean to expunge fingerprints?

The word expunge is often used in legal situations when referring to a criminal record. If a criminal record is expunged—some indiscretion of youth, for example, for which a judge decides a person has done their penance and, in a sense, lets bygones be bygones—it’s either sealed or wiped clean, as if it never existed. In a missing person case, the preferred terminology is generally to purge the records.

How it pertains to Tammen: According to Stephen Fischer, the CJIS media liaison in 2015, Tammen’s prints were “expunged” in 2002, though no evidence exists to indicate that he had a criminal record. Fischer later referred to the criteria by which fingerprints are “purged,” using the terms interchangeably. From this point on in this post, I’ll use both terms interchangeably as well.

When are fingerprints expunged?

According to Stephen Fischer in 2015, “The FBI purges fingerprint data and records at 110 years of age or 7 years after confirmed death.” In addition, according to other sources, the FBI will purge fingerprint data upon receipt of a court order to do so.

How it pertains to Tammen: Ronald Tammen would have been 68 or 69 in 2002, far younger than the 110 years of age currently required with NGI or even the slightly more youthful 99 years of age that was required with IAFIS. Unless there was a court order (which I’m still attempting to find out), the only other (ostensible) possibility is that the FBI had confirmed Ronald Tammen to be dead. It should be noted, however, that when I asked my FBI sources if they would make the same inference, no one was willing to go out on that limb for reasons that I’ll get into shortly.

How does the FBI know when 7 years/110 years have expired?

Under the manual file system, it would have been more tedious and probably fairly random to keep track of expiration dates. Now, however, my sources concur that it is an automated process, though no one I spoke to was aware of how the system sifts through the file to detect expired records.

How it pertains to Tammen: Unless his fingerprints were purged because of a court order or there’s another possible reason to remove a person’s fingerprints that I’m unaware of, something must have tripped the automated system.

Why would the FBI want to expunge someone’s fingerprints?

In general, this is something they’d prefer *not* to do. The FBI still relies heavily on fingerprints as a means of identifying people, particularly all the standout folks whose prints are in the criminal file. It’s not in the FBI’s best interest to purge those fingerprints without a very good reason. Storage space happens to be one very good reason. Once the FBI digitized its fingerprint data in 1999, beginning with IAFIS, a need arose to free up some storage space on occasion. And with NGI adding biometric data that requires even more space, the need has grown stronger since 2011. That’s why they have the 110/7-year rule. Other reasons for purging involve the legal system—the court ruling we’ve discussed earlier, for example. But according to most of the FBI experts I’ve spoken with, the reasons for purging a fingerprint can be counted on three fingers of one hand.

How it pertains to Tammen: This is the question that keeps me up nights. Ron didn’t make the 110-year age cut, so it’s either that he’s dead, and the FBI knows he’s dead but they don’t want us to know they know he’s dead, or it’s the court order thing. However, one source I spoke with speculated that perhaps someone in CJIS decided to purge Ron’s prints when they noticed that, if alive, he would be a much older adult in 2002, and maybe he didn’t want to be found:

“There were some situations where people were adults that had been reported missing and they weren’t really missing. They didn’t want to be found for some reason. And so, to me, it makes a difference whether you’re a minor child or above the age of 18 or 21, because an individual can choose, for whatever reason, just choose to disappear for their own reasons, for whatever purpose.”

The problem with that theory is that it completely goes against protocol. Nowhere have I read or heard that the FBI would purge a missing person’s fingerprints once a missing youth had reached adulthood. Perhaps an Ident staffer might have been inclined to make that sort of judgment call under the manual system…I don’t know. But, in 2002, when they were relying on the automated IAFIS system? I doubt it. There’s another reason I don’t think someone would have removed his fingerprints simply because he was older. I’ll discuss it in the next question.

What happens if a missing person turns out to be dead?

If an unidentified body was found, the local police could submit their fingerprints to the FBI through the state bureau. If the FBI already had the missing person’s fingerprints on file and they were a match, the submitting agency would have been notified of the match through the state bureau. In addition, a notice would have been placed in the missing person’s file saying that they had been confirmed dead, and, if available, the date they died. Here’s an important point to remember: the FBI doesn’t immediately purge the fingerprints of a missing person who has been proven dead. They just add the note. Even if a person is dead, those prints can still be valuable. They might be useful in helping solve cold cases or for identifying bodies following a disaster. That’s why they have a policy to wait seven years before purging them.

How it pertains to Tammen: If the FBI purged Ron Tammen’s prints in 2002 because he’d been confirmed dead seven years prior, that would mean that he would have died in 1995 at the latest. The FBI was still using its manual system in 1995. They were still using fingerprint jackets, and there should have been a note in the jacket saying that he was dead, and perhaps when he’d died.

As one knowledgeable source said:

“And even if a print had been identified as deceased, in that jacket, there still would have been information written in there by hand that it had been identified as deceased individual such-and-such. So all that would have been automated [after IAFIS was introduced], along with the actual fingerprints themselves that were digitized.”

Ostensibly, no notes have been written claiming that Tammen is deceased. However, it also bears repeating that, even if they’d found Tammen to be dead, it wouldn’t be reason for immediately tossing his fingerprints. They would have waited the seven years. If the FBI doesn’t think it should just toss the prints of a dead person right away, I doubt very much that they’d purge the fingerprints of a missing person who’d managed to evade detection for many years as an adult.

Would the FBI purge a missing person’s prints after they’re found?

Same answer as above. The fact that a missing person was located would be noted in the jacket but the fingerprint card would be retained. A court order would be needed to physically remove the print—which would also include a note saying that the prints had been expunged. Otherwise, they’d wait until that person was 110 years of age or seven years after confirmed death.

How it pertains to Tammen: Again, no explanatory information was in his file—no record of having been located and, as pointed out earlier, no record of his being found dead, and no record of a court-ordered purging. Also, to further drive home this point, if the FBI isn’t willing to purge a missing person’s fingerprints after they’ve been found, why would they remove them while he was still out there, unaccounted for? Answer: they wouldn’t.

How do you fingerprint a dead body?

[Warning: this is gross] If an unknown deceased body was discovered, sometimes the fingerprints would be in bad shape due to decomposition. However, fingerprints have three ridges that penetrate the skin fairly deeply. In such cases, a technician would put on rubber gloves and remove the skin down to a more, um, legible layer, shall we say? Then, they’d roll those prints on a ten print card. According to one former employee, any fingerprint that came from a deceased body was generally of poor quality—too dark or too light. Therefore, it was often difficult to conduct a manual search using a dead person’s fingerprints.

How it pertains to Tammen: Sorry about that. But if Ron Tammen died and the FBI confirmed that he died, they might have had to do that. We don’t know.

What types of records are kept after fingerprints are expunged?

We’re building up to one of our primary take-home messages, and here it is: Fingerprints aren’t supposed to just disappear without some sort of record. Based on information provided by Stephen Fischer in 2015, no other info was available on Tammen other than the fact that his prints were expunged in 2002. But the removal of fingerprints while they were considered still active would require some note of explanation regarding when they were removed and why. And these notes of explanation were all to be digitized as part of IAFIS.

According to FBI protocol back then, the notes were to be printed in the file jacket on sheets called Additional Record Sheets or ARS’s. Not only did the ARS require an employee to provide their employee number and date the sheet any time they removed the file, but they also were required “to record any disseminations of the record, including notations of expungement or purges of record entries, such as deletions of arrests for non-serious offenses.”

And here was their record retention policy after adding these notes to IAFIS:

Hard copy files: DESTROY after verification of a successful scan.

Scanned version: DELETE when the individual has reached 99 years of age, or 7 years have elapsed since notification of individual’s death, whichever is later.

ARS
Instructions regarding how notations were to be made on the Additional Record Sheets, and later, how the ARS’s were to be digitized when CJIS converted to IAFIS.

You guys, and I’ll put this in bold italics for added emphasis: the information on Tammen’s ARS should theoretically still be available for his expunged fingerprints.

There was an additional record-keeping system that the FBI used to implement between the years 1958 and 1999. When the FBI purged a fingerprint file, they would put those fingerprints on microfilm for archival purposes. However, CJIS stopped making microfilm copies after IAFIS was implemented, which had been in place for roughly three years when Tammen’s prints were purged. Therefore, the microfilm library doesn’t apply to Tammen’s case.

How it pertains to Tammen: In February 2008, when former Butler County, OH, cold case detective Frank Smith requested a “hand search” for Tammen’s fingerprints, CJIS sent this response a couple days later by Fax:

“A SEARCH OF OUR CRIMINAL AND CIVIL FILES HAS FAILED TO REVEAL ANY FINGERPRINTS FOR YOUR SUBJECT. A COMPLETE SEARCH OF OUR ARCHIVE MICROFILM FILES HAS FAILED TO REVEAL ANY FINGERPRINTS FOR THIS MISSING SUBJECT AS WELL.”

What the CJIS rep neglected to tell the detective—a member of law enforcement, and therefore a supposedly valued working partner of the FBI’s—was that they’d expunged them in 2002. So, to recap:

  • It appears as if someone in the Identification Division or CJIS didn’t document, didn’t digitize, or flat-out destroyed the ARS notations from Tammen’s manual jacket, including the reason for the expungement of his fingerprints in 2002, which is a clear break with protocol.
  • CJIS also didn’t disclose to the Butler County Sheriff’s Department the full extent of their knowledge about the case, the very least of which would be that they’d expunged Ron’s prints in 2002. This, in my view, is another break in protocol since I would think that members of law enforcement should generally try to be forthcoming with one another. (I’m guessing that, if the FBI had told Smith that they’d expunged the prints, they could anticipate a potential follow-up question that they didn’t feel like answering. Something along the lines of “Oh, really? Why?”)

Does the FBI verify someone’s identity before they expunge their prints?

The FBI will not purge someone’s fingerprints unless they’re certain that the person whose prints they’re purging is who they think he or she is. If the FBI is purging fingerprints because of a court order, the court or submitting agency would have to provide identification to ensure that the FBI was removing the right set of prints. Often, this would involve another set of fingerprints since fingerprints are still one of the best ways to identify someone. Other times, they may get away with simply providing telling details, such as the FBI number, the date of the arrest, and other specifics on the case, but fingerprints are still best. In the case of a deceased person or a missing person’s fingerprints being purged, a source said that it would be based on comparing two sets of fingerprints to make sure they’re the same individual.

How it pertains to Tammen: Think about the above paragraph for a second and maybe read it again, because it says a lot. First, the FBI wouldn’t have purged Ron Tammen’s fingerprints without verifying that they were indeed Ron Tammen’s prints. This helps solve a gnarly little question about the year in which Ron would have supposedly died. If they purged his prints in 2002, that would mean that Ron had probably died around 1995. Well, guess who else died in 1995: Ronald Tammen, Sr., who died on January 10 in Florida. So that was always a possibility. But according to my FBI sources, this likely didn’t happen because they would have verified it. Second, if they purged Ron’s fingerprints in 2002 because he’d been dead for seven years, then they would have verified those prints against a second set of prints sometime around 1995. Remember what Stephen Fischer had said about the seven-year rule: “seven years after confirmed death.” That means that they would have confirmed Ron to be dead by comparing his prints against the prints on file, and then waited seven years before the system purged them. That could also mean that they know where his remains are. Third is the question raised by the source who said it could be that someone tossed Ron’s prints because he would now be an adult who doesn’t want to be found. If the FBI ensures that every fingerprint that’s purged needs to be verified, then that rule would nullify this possibility. How could they verify that it’s the correct person if they don’t have a second set of prints with which to compare his to?

Discussion: When a missing person’s records go missing

Are we any closer to being able to say that the FBI knows more than they’re letting on? I think so. It’s clear that the FBI broke protocol at least once, and possibly more than once when dealing with Ron’s fingerprints. Since the last update, I’ve submitted several more FOIAs, one of which has to do with the question about Ron’s father. Although I’m nearly positive that it was Ron Jr.’s fingerprints that were purged in 2002, I’ve submitted a FOIA request asking the FBI to search the National Crime Information Center (NCIC) offline historical database for any files on Mr. Tammen too, including evidence of possible fingerprint files. If they don’t have anything, I think we can safely conclude they were Ron Jr.’s. With this latest post, you can see that there are more FOIA requests to submit, including, for example, an in-depth search of Ron’s digitized Additional Record Sheets.

It’s probably also a good time to raise another possibility with you, a “what if?” that may have been in the back of some readers’ minds throughout this entire blog. What if Ron’s fingerprints weren’t destroyed because he died in 1995 but because someone in a high place decided that, for whatever reason, they needed to be purged—someone who also didn’t want telltale notes getting in the way of “plausible deniability.”  Missing notes and expunged fingerprints aren’t smoking guns. The missing notes could possibly be blamed on anything: a distracted employee, an inadvertent mix-up, a computer glitch, whatever. Or they may have never existed at all. Likewise, it’s extremely tough to explain why fingerprints were expunged when the records that could give the backstory on why they’re missing are also missing.

Most maddening of all is that If I were to lay out my (nonexistent) evidence before an official FBI spokesperson, this is what I’d get:

IDK

That’s essentially what I got when I asked them a while back to comment, yes or no, whether they’d confirmed that Ron was dead. Remember what the spokesperson said? “The FBI has a right to decline requests.”

All along, I’ve been pointing to the FBI’s 2002 purging of Ron’s fingerprints as reason to believe that Tammen is dead. But if the missing documents and destroyed fingerprints tell us anything, it’s that, for whatever reason, the FBI may have made the decision to break protocol in Tammen’s case. And if protocol wasn’t being followed, well, that opens up a whole range of new possibilities, doesn’t it? I mean, could it be that Tammen, who would be 87 on the 23rd of this month, is still alive after all?

 

The Ident files

Tuesday, June 5, 1973, promised to be 90 degrees and sunny in our nation’s capital—the kind of run-of-the-mill day of intense heat and high humidity to which the DC crowd is well-accustomed. Richard Nixon, who had a little over a year remaining in his presidency, would be facing a fully booked schedule of meetings and photo ops that day, topped off by a state dinner and concert honoring Liberia’s president. Just down Constitution Avenue, the Watergate Hearings were in full swing, televised live from the Russell Senate Office Building, across the street from the U.S. Capitol. Meanwhile, roughly two miles away, in a leafy, less ornate area of Capitol Hill, J. Edgar Hoover was still lying in his grave, having succumbed to a heart attack the previous year.

As cataclysmic as Hoover’s death had been for the women and men of the Federal Bureau of Investigation (one former employee joked that they’d half-expected him to return from the dead on the third day), they had since rebounded. They were back to the daily grind of carrying out their mission and raison d’être: “to protect the American people and uphold the Constitution of the United States.” In two more years, they’d be moving to the FBI’s present home—the J. Edgar Hoover Building at Pennsylvania and Ninth Streets NW. But in 1973, some staffers were operating out of the Department of Justice Building, next door to the FBI’s current site, while two major divisions were located in an AC-free building at Second and D Streets in the SW section of the District. (I’ve learned in interviews that Hoover was notorious for not providing air conditioning to his employees because he liked to show legislators how frugal he could be with his budget.) And so it would be here—at this sweltering site, on this sizzling day—that one of the weirder aspects of the Ronald Tammen saga would take place.

The documents we’ll be discussing won’t be new to you. They’re the same old scribbled-on records from my 2010 Freedom of Information Act (FOIA) request. (You can access them here.)

What is new, however, is that, since we’ve last discussed my interactions with the FBI on this blog site, I’ve had the chance to speak with several people who were working in the two relevant divisions at the time that the 1973 incident occurred: Identification and Records Management. Not only did these people help interpret what many of the scribbles mean, but they also shared their views on how normal or not-so-normal it was to treat Tammen’s documents the way they did. In addition, I also spoke with people—some the same, others different—who happened to be working in the Identification Division when Tammen’s fingerprints were destroyed 29 years later, in 2002. I’ll be sharing their thoughts as well—although, I’ve decided to save that synopsis for a future day. (Sorry! There’s too much info here, so I’ve decided to take on each of these topics one at a time.)

Most of these people spoke to me “on background,” which means that I’ll be telling you what they said, but I’ll be protecting their anonymity. I realize that some of you may not appreciate when a source isn’t named, and I apologize for that, but, honestly, sometimes it’s the only way to get someone to talk to me. But trust me, they’re credible sources. Also, I’m tracking down more individuals as we speak. As with everything else on this blog, it won’t be ending here.

Who’s MSL and What are the Ident Files?

Removed from Ident Files

So let’s get back to June 5, 1973. As you may recall, several weeks before that date, a special agent (SA in FBI vernacular) representing the FBI’s Cincinnati field office investigated a possible lead that had been called in about the Tammen case. The caller had suggested that a man who worked at Welco Industries in Blue Ash, OH, was Tammen. The SA, whom I’ve met, and who is incredibly nice and unbelievably helpful, paid a visit to Blue Ash on the same day the FBI received the call. In addition to filing a report, the SA’s boss in Cincinnati sent the Welco guy’s prints to the Identification Division at FBI Headquarters and asked them to compare those prints with Tammen’s fingerprints that they had on file to see if there might be a match. There wasn’t, but, in my view, it was that innocent and responsible act in which an SA and his boss, who were simply following protocol, brought about what happened on the fifth of June. (If you haven’t read the earlier blog post—or even if it’s just been a while since you have—I’d encourage you to reread it, since it supplies a lot of the details.)

What happened on the fifth of June? That was the day that a civil servant with the initials MSL removed documents contained in Ron Tammen’s missing person file from the Identification Division. Yep, that’s right. On that Tuesday, MSL walked over to Ron’s file, made notations that those documents were to be “Removed from Ident files,” jotted his or her initials on nearly every document, and, well…who knows what else. Mind you, I have no beef with MSL. I’m sure MSL was a hard worker and a team player. In fact, if you look closely at the May 22, 1973, response memo to the Cincinnati office from Headquarters, MSL has initialed the line next to the name Thompson in the list of FBI higher-ups. That particular Thompson would have been Fletcher Thompson, who headed up the Identification Division at that time. Therefore, I’m guessing MSL was Thompson’s assistant and just following instructions. For example, that same May 22 memo suggested that “MP placed in 1953 to be brought up to date.” That’s probably what MSL was up to: bringing Ron’s missing person file up to date. [Note: if you or someone you know should happen to be MSL, please contact me. I’m dying to talk to you. Dyyyyyyyyyyiiiiiiiinnnnng.]

A large stamp also stands out on many of these pages. It says “Referred to Records Branch for” and provides two options: “Main File” and “79-1,” the latter of which is the Missing Person classification. Interestingly, Main File is the option they’ve checked. I would have thought they’d go with the other one.

The question I’ve been asking everyone who might have been in the vicinity of the Ident or Records Management Divisions at that time is: Why did they do this? Was it considered normal protocol, even if a missing person hasn’t been found? Was it something that’s done after a person has been missing for, say, 20 years? If the Identification Division is responsible for overseeing missing persons cases for the FBI—and it is—why would a missing person file for someone who was still missing be moved out of Identification?

Before I share with you some of the insights that were provided to me, I need to let you know that things today have obviously changed since 1973. As of 1992, the Identification Division is now known as Criminal Justice Information Services (CJIS—pronounced SEE-jis), which is the largest division of the FBI, and located in Clarksburg, WV. CJIS maintains fingerprint data along with other biometric data, and it oversees other high-tech initiatives as well. There aren’t manual files anymore. Also, the missing person program has been rolled into the National Crime Information Center database, or NCIC. NCIC is available to law enforcement representatives across the country, mostly for finding people who are charged with committing a crime, but also for locating missing persons. Although NCIC began on a limited basis in January 1967 and grew from there, missing persons information wasn’t added to the database until 1975, two years after Ron’s file was ostensibly removed from Ident.

Also this: just because someone speaks to me on background doesn’t mean that they’re going to be giving up the family jewels. People are inclined to support the actions of the agency for whom they’ve given the best years of their lives. I get that. Nevertheless, everyone I spoke with tried to answer my questions honestly, and if they didn’t know and were just guessing, they said so. Also, if something didn’t mesh with how they remembered things to work, they said that too.

Included below are excerpts of summaries of discussions I had with three subject matter experts in Q&A fashion. No one is quoted directly here. Two experts had strong ties with the Identification Division and/or CJIS and one was with Records Management for many years.

What information is stored in NCIC?

NCIC is nothing but descriptive data. It might include identifying numbers, the person’s name, aliases, the date of birth, height, weight, color of hair, color of eyes, and descriptions of scars, marks and tattoos, though not pictures. A picture can now be stored, but, at this point, not searched. There are no fingerprints stored in NCIC. There is, however, a link from NCIC to NGI, which is the FBI’s very powerful Next Generation Identification system that includes biometric data, including fingerprints. If a person’s fingerprints are searched with NGI, then NGI can tap into NCIC to see if there’s a warrant on that person or if they’ve been listed as missing.

Would the kinds of documents I obtained through FOIA—the letters between Ron’s parents and Hoover, etc.—be stored in NCIC?

Ron’s missing person documents would not be stored in NCIC. If Ron’s case was entered into NCIC, only the above descriptive information would have been entered.

How can I find out if Ron Tammen was entered into NCIC?

The law enforcement agency that took the initial missing person report would be responsible for entering the case into NCIC. Usually, the submitting entity is local police, however, in Tammen’s case it was the Cleveland office of the FBI, which tends to complicate matters. One expert is doubtful that Tammen’s case was entered into NCIC due to the length of time since his disappearance and he felt it would have been of low priority among all of the other cases they had to enter during the transition to NCIC.

I should note here that, in 2015, I’d filed a FOIA request to the FBI to see if there were any criminal records on Ron in NCIC, and that search came up empty. However, one thing I’ve learned through these discussions is that NCIC has a historical file, which is separate and offline from the NCIC database. It contains nearly all the records that were ever entered into NCIC and that are no longer active. To the best of my knowledge, the historical file has never been checked for Ronald Tammen-related records.

Tell me more about the NCIC historical file.

There are two parts to the historical file. Not only is there a database of virtually every record that was ever in the system but there’s also a database of every transaction that ever went through the system. A transaction is simply a record of an action that was taken, including a search. This means that I could potentially find out if any police department ever ran a search on Ronald Tammen, which is one of the FOIAs I intend to submit. Incidentally, the NCIC historical file seems like a hidden gem/best-kept-secret of the FBI that I think more people need to know about and use. Note that it’s important to specify which of the two databases you’re inquiring about—the historic records or the historic transactions—to help narrow things down.

How long are missing person files normally retained in NCIC?

The records are kept forever unless the submitting entity removes it.

What are the most common reasons for removal of a missing person record from the NCIC database?

By far, the most common reason for removal of an NCIC missing person record is that the missing person has been located, either alive or deceased. There should be a record of the transaction that removed the online record, however it wouldn’t contain information as to the reason for the removal. Records can also be removed by either the state agency that manages the state system or the CJIS staff, but such removals are rare. If the person is found by the agency that took the original missing person report, they could simply cancel the record.

Where would my FOIA docs have been kept?

The missing person record is placed in the General File, which is maintained by the Records Management Division. If there’s a fingerprint, it’s maintained in the fingerprint jacket in the Identification Division. The file will remain with Records Management until it’s destroyed based on the agency’s destruction schedule.

Note that many of the Tammen FOIA documents have a stamp that says in all caps: RETAIN PERMANENTLY IN IDENT JACKET: 358406B, which supports the notion that the fingerprint jacket was in Identification, though it also appears that at least some of the documents (e.g., the ones with the stamp on them) were kept in that jacket as opposed to (or in addition to) Records Management. However, the memo dated May 22, 1973 states at the bottom: “MP, who has been missing since April, 1953, may be ident with FBI # 358 406 B. This record consists of one personal identification fgpt card taken in 1941,” which is consistent with the preceding paragraph.

5-22-73

What do you think was “Removed from Ident” on 6-5-73?

 This question has everyone stumped. My Identification experts have said “the fingerprint card IS the Ident record.” Their interpretation of the statement was that the fingerprints had been removed from Ident in 1973, so they wondered: if the fingerprints were removed in 1973, what did they expunge in 2002, unless there were two sets of prints? Suffice it to say that, at least at this point, I’ve found no one with an inkling of an idea what records MSL was referring to.

Are you aware of any policy by which, once 20 years go by, the FBI is no longer looking for a missing person?

Among these experts, in addition to several others I’ve spoken with, no one can recall a 20-year rule in closing a missing person case. With regards to the NCIC and missing persons, retention is until the entering agency removes it. There is no life cycle for a record in the NCIC system for a missing person.

What can you tell me about the Missing Person File Room?

On some of the FOIA documents, you may have noticed that a stamp has been crossed out, saying: “Return to Ident Missing Person File Room,” followed by a space for the room number. The October 1967 letter from Hoover to Ron’s father regarding whether the soldier in an AP photo could be Ron Jr. contains the stamp and specifies room 1126.

10-11-67

To date, none of the experts I’ve spoken with in Identification or Records Management knows anything about the Ident Missing Person File Room. One person guessed that all civil fingerprints might have been stored in that room, including military prints, but it was just a guess, and that person was outnumbered by everyone else I’ve ever interviewed on the topic. The overwhelming majority of sources have said that there were only two categories of fingerprint files—criminal and civil—and missing person fingerprints were stored with criminal fingerprints since that was the most active file against which to check incoming prints. Just to hammer this point home, do you want to try a fun experiment? Type “Missing Person File Room” into Google, and see what pops up. As of this morning, the only links and images you’ll see will point to this blog site. The phrase isn’t mentioned anywhere else on the web.

Interestingly, the expert in Records Management pointed out a notation on the May 26, 1953, report that had never before registered with me. It said: “Copy of photo filed in 1126 Ident 6-5-73,” and it was signed by our friend MSL. Then, near the bottom, the familiar: “Removed from Ident files 6-5-73,” again, signed by MSL. As I’ve pointed out from another document, room 1126 was the Missing Person File Room. It seemed curious to her that they’d be filing the photo in 1126 if they were removing documents from that same room on the same day.

She’s right—it is curious.

5-26-53

As I was writing this blog post, I was planning to wrap things up at this point, thus putting the finishing touches on perhaps one of the dullest, most disappointing updates ever. But then I remembered a book I have, titled Unlocking the Files of the FBI, by Gerald K. Haines and David A. Langbart. There, in a brief introductory section on “The FBI Record-keeping System,” I found a possible clue about the Missing Person File Room. On page xiii, paragraph 5, it says:

In 1948, Hoover established at FBI headquarters Special File Rooms [emphasis added] to hold “all Files that have an unusually confidential or peculiar background…including all obscene enclosures.” In general, material placed in the Special File Rooms included what was known as June Mail [jw: June Mail is later described as “most sensitive sources”], ELSUR documents [jw: ELSUR was defined as electronic surveillance], informant files, and sensitive records on Bureau employees and prominent people, as well as on undercover operations and foreign-source information. The field offices also have special file rooms for informant and ELSUR materials.

 Wouldn’t it be just like Hoover to create innocuous sounding “File Rooms”—capitalized and pluralized—to hold records that are “unusually confidential or peculiar” or, one of Hoover’s favorite categories, obscene? A File Room for extremely sensitive missing person cases would explain why no one I’ve spoken with had heard of it. I’m sure not everyone was privy to its existence. Someone in Ident probably stumbled upon it at the time they were checking into whether the Welco guy could be Ronald Tammen, and the alarm bells went off. Someone at the top may have asked “What are those hot-potato documents doing in there anyway?” and then barked “Get me MSL on the phone.”

Because I’ve just discovered the existence of the Special File Rooms, I haven’t had time to contact any sources about it. But trust me, come tomorrow morning, I will.

Some closing thoughts…

So where does all this lead us? Here are my main conclusions based on everything I’ve presented here mixed in with a few earlier findings:

–Even though some info on the FOIA documents may suggest otherwise, I believe that there wasn’t anything in the Identification Division’s fingerprint jacket for Ronald Tammen other than Ron’s fingerprint card, submitted in 1941.

–I believe Ron’s fingerprint jacket was initially in the civil file when his prints were first submitted in 1941, but it was added to the criminal file after Ron was listed as a missing person in 1953.

–I think those fingerprints remained in that jacket and were digitized in the 1990s after Ident became CJIS. I believe it was those prints that were purged in 2002.

–I don’t believe there was any such protocol in which the FBI would remove missing person files from Identification after 20 years had passed.

–I believe that the FOIA records I received had been maintained in Records Management from the beginning.

–As far as which documents were “removed from Ident,” I think it must have been whatever was being stored in the Missing Person File Room. Perhaps there were duplicate files of what was in Records Management, but I think there were other documents as well. Based on the 5/9/73 memo, we know that at least one document from 12/19/58 is referenced but missing from my FOIA documents.

–I think that the Missing Person File Room stored files that were somehow sensitive in nature about Ron’s case. I also think that Ron’s case continued to have a file in there, even after documents had been removed. As the expert in Records Management pointed out, even though files were removed from the Missing Person File Room on 6-5-73, a copy of his photo was filed in that room that same day.

–I believe that it was the Cincinnati field office’s request for Ident to compare the Welco employee’s fingerprints with Ron’s prints that triggered Ident to remove whatever was in the Missing Person File Room, thus leading to this clue. (Thank you, Cincinnati!)

For years, I’ve been trying to figure out if there were breaches in protocol regarding how the FBI handled Ron’s missing person case. I think we’ve finally found one. If the Missing Person File Room held potentially sensitive documents concerning Ron’s case, that would elevate it to something far more than just a ho-hum missing person case. And guys, that’s what keeps me going.

 

Closing a couple loops: Why Ronald Tammen was fingerprinted as a child, and why the FBI considered his prints ‘criminal’

photo of child Hal Gatewood
Photo credit: Hal Gatewood at Unsplash

Before our big reveal later this month, I’d like to close the loop on a couple lingering questions I’ve had over the years concerning Ronald Tammen’s fingerprints. The first question, which you’ve probably been wondering about too, is: why was Ronald Tammen fingerprinted as a young child? (I can now say with reasonable certainty that he would have been seven at the time.) The second question pertains to something you may or may not be aware of, since I haven’t really discussed it in detail up to this point. That question is: why were those prints designated by the FBI as criminal?

Why was Ronald Tammen fingerprinted as a child?

To arrive at the first answer, I was fortunate enough to find a resource by the name of Chris Gerrett, a tenacious history buff and president of the Fairview Park Historical Society. Fairview Park is a suburb that borders the western side of Cleveland and is only a few minutes’ drive from the Cleveland Hopkins International Airport and NASA’s Glenn Research Center. Before becoming the City of Fairview Park, it was called the Village of Fairview Park, and before that, Fairview Village, which is where the Tammens lived in 1941, the year Tammen was fingerprinted. You may recall that Ron’s mother told a reporter for the Cleveland Plain Dealer that Ron was in the second grade when he was fingerprinted, which would have been during the 1940-41 school year. However, when I asked Ron’s older brother John if he recalled being fingerprinted as a child, he told me no, and he couldn’t remember Ron being fingerprinted either.

Based on the family’s address, Chris quickly determined that the Tammen boys would have attended Garnett Elementary School, one of two public elementary schools serving the village at that time. When I asked her if she knew anyone in Tammen’s age group who might remember being fingerprinted in grade school, she said she’d ask around.

Chris is the type of person who, when she tells you that she intends to do some digging and will get back to you, she means it. She was able to locate several people who remembered being fingerprinted as children in the early 1940s, and she even found fingerprint cards for two brothers. One was fingerprinted at age seven in 1942 and the other was fingerprinted at six in 1943. Why children in Fairview Village were being fingerprinted at a stage of life when they were still mastering basic skills such as shoe-tying and time-telling was still unclear. Some people floated the idea that it might have something to do with the Cold War, and the need to identify bodies after an attack. But the Cold War didn’t start until 1947, a couple years after WWII ended. Others proposed that it was because of the Nike missile sites that had been located in Cleveland, part of our nation’s defense against a potential Soviet attack. But again, the Nike bases were Cold War–related, and weren’t in place until 1955, long after 1941.

In another email, Chris passed along the happy news that the Fairview Park Museum, which is run by the historical society, had been offered a load of boxes containing documents from the Fairview Park Parent Teachers Association (PTA). The documents went as far back as 1928, she told me.

“The PTA seemed to handle all activities for the schools: wellness check, hearing check, eye check, parties, food drives, etc.,” she informed me. “We just might find that the PTA arranged the fingerprinting.”

I met Chris at the museum on a Monday morning in March, and we soon commenced rummaging through the boxes. After several hours of searching and a mid-day burger break at the local diner, we finally found what we were looking for. Under the heading of “Safety,” a mimeographed newsletter dated May 1942 had this to report:

“Finger printing of 253 pupils was done in Fairview Schools this past year. The P.T.A. wishes to express to Mr. H. A. Walton its appreciation of his willingness to give both time and service to the finger printing of our boys and girls.”

Newsletters for the spring of 1943 and 1944 also provided fingerprint tallies. Unfortunately, it appears that no statistics were made available for Ron’s year, 1941. However, perhaps the best find was from a newsletter dating back to October 1938. In it, under “Safety Department,” was an excerpt from an FBI publication on the importance of maintaining noncriminal fingerprints—citing reasons such as identification disputes, catastrophes, “kidnaping” (spelled the old-fashioned way), and amnesia. A second paragraph informs readers that fingerprinting in the schools would soon begin. Here’s the buried gem:

“Through the efforts of Mr. Henry Walton, Deputy Marshall [sic] of Fairview, who has made an extensive study of fingerprinting, we will soon be able to have any children in this community fingerprinted, a record of which will be kept in a ‘Personal Identification’ file, and a copy of same to be sent on to Washington, for their ‘Personal Identification’ files.”

Thanks to an old newsletter that might have been tossed out if not for Chris Gerrett, the Fairview Park Historical Society, and the Fairview Park PTA, we are now able to establish: 1) why Tammen’s fingerprints were taken at such a young age, and 2) why Ron’s prints were already at FBI Headquarters by the time he’d disappeared. It was all because of an industrious, forward-thinking Fairview Village cop. Much obliged, Henry Walton, much obliged!

You can read the relevant section here:

why fingerprint kids
For closer view, click on image.
Why were Ronald Tammen’s fingerprints designated as criminal?

Nowadays, any law-abiding citizen who has their fingerprints taken—federal employees, people in the U.S. military, people who undergo background checks for work or volunteer activities—is given a criminal identification number. I have one. My husband has one. If you’ve ever been fingerprinted, you have one too. In addition, as of February 2015, the FBI’s Next Generation Identification (NGI) system is housing all fingerprints—the lawful and the lawless, the free and the incarcerated—in one electronically searchable database.

But back in Hoover’s day, things were different. From what I can tell, the term “criminal identification number” wasn’t in use back then, or at least it wasn’t the favored term. Rather, the number assigned to a person’s fingerprints was their “FBI number.” Also, there was a criminal file system and a noncriminal, or civil, file system. I came to these conclusions as I was perusing a 1963 FBI paperback, titled The Science of Fingerprints: Classification and Uses, which featured an introduction from J. Edgar himself. Dr. John Fox, the FBI’s historian, confirmed the two-file system in an April 2015 email to me, saying:

“A Civil Fingerprint File was begun in the 1930s and civilians, especially children (and their parents on their behalf), were encouraged to add their prints to it on FBI Tours, at expositions, and many other events. The idea was to have a collection of identification records to be referred to in the cases of missing persons, kidnappings, and massive disasters/tragedies.  It is through this program that Mr. Tammen’s prints were first taken.”

So, at a time when the FBI was keeping its civilian and criminal fingerprints separate, why were Tammen’s fingerprints eventually lumped in with the criminals? One of the strongest pieces of evidence for this is the November 16, 1959, form letter from Hoover to Tammen’s parents, which has the notation “crim” in front of Tammen’s FBI number. The October 30, 1961, letter has a “cr” notation above his FBI number, though, admittedly, that’s pretty cryptic, and we can’t be 100% sure of what it means. (Come to think of it, the “cr” might as well stand for cryptic.)

After taking a look at the November 16 form letter, Dr. Fox also concluded that Tammen’s prints had been filed with the criminals. In the same email, he hypothesized that Tammen was possibly arrested before he’d disappeared or even sometime after 1959, “likely around 6/1973.” He was only guessing though. He didn’t have proof.

I asked Ron’s family members if they knew if Ron had ever been arrested, and their answer was no. I then contacted law enforcement and clerks of courts in the cities and counties in which Tammen had lived or that were a short drive from Cleveland or Oxford, Ohio. I even contacted the attorney general’s office for the state of Ohio. I found no arrest records on Tammen anywhere, other than the ticket he’d received for running a red light in Oxford a month before he disappeared.

Another theory was that Tammen’s fingerprints might have been moved to the criminal files after the Selective Service changed his classification to 1-A and he failed to show up to the draft board for his physical. I conducted a review of documents for other men who violated the Selective Service Act of 1948 during that time period to find out if they were somehow marked criminal too, but it was difficult to find an apples-to-apples comparison. Words like fraudulent, forged, and stolen showed up in their documents—nothing that pertained to Ron’s situation, in my view. I also wondered why I was able to obtain their documents at all, since their Selective Service violations occurred before Ron’s, yet the FBI had destroyed Ron’s file more than 20 years ago.

Recently, I found two people who could speak more knowledgeably than most about the FBI’s fingerprint operation. They’d both worked in the former Identification Division, “Ident” for short, when Hoover was still in charge, though I don’t think they worked there at the same time. By then, the Identification Division was located at Second and D Streets, SW, in Washington, D.C.

Both individuals—who prefer not to be named—had some remarkable stories to share about those days. They talked about how tightly Hoover ran his ship. They spoke of how Hoover had established strict rules governing where employees could live, who they could see (Person A said they checked out her husband before hiring her), and how they should look on the job—their attire, their facial hair, their height, their weight. Person B recalled how his life’s goal to become an agent was almost sabotaged by the fact that he didn’t make the height requirement, which was 5’7” at that time (the same height as J. Edgar Hoover, according to Alexa). His sheer determination and knowledge of the subject matter, together with elevator shoes, eventually convinced Hoover and his number two man, Clyde Tolson, that he was up to the job.

Both Person A and Person B had experience handling the fingerprint cards, which was important but grueling work. Person A recounted how she and her fellow “Ident” employees would be assigned a fingerprint card, which they would classify according to the prints’ arches, loops, and whorls. They then searched among the other cards—numbering in the millions—for a possible match. They didn’t use computers back then, just their two eyes and maybe a magnifying glass. Of course, there was quite a bit of training involved. Of the two fingerprint files that they consulted—civil and criminal—the criminal file was always the first stop, since potential employers, local law enforcement, and Hoover himself would want to know immediately whether a newly arrived print belonged to a fugitive. As for possible mistakes, Hoover used the same rule as the sport he loved: three strikes and you were out.

It was Person B who offered up the most likely reason why Ron’s fingerprints would have been found in the criminal file. Backing Person A’s claim that the criminal file was the first place to look, he said:

“I think missing persons are placed in the criminal file because that’s the most active file. So, if you want to find the guy, and somebody gets arrested and a print comes in, it doesn’t get searched through civil files. It gets searched through criminal files.”

And there you have it. The explanations for why Ronald Tammen’s fingerprints were taken at the age of seven and then later maintained in the criminal file after he disappeared are probably that innocuous and ho-hum. But they’re also the explanations that, in my view, are most conceivable, which means we can now focus on some bigger matters. See you on the 19th.

 

The missing fingerprints, part 4*

(*or the myriad ways to answer a yes-or-no question)

Yes-And-No-Typography-Black-800px
Clipart by GDJ at openclipart.org

In a mid-day moment of inspiration, I realized that I could contact the FBI’s public affairs office seeking comment about their actions on Ronald Tammen. As a former fed who had worked in other public information offices, I knew that reporters did that sort of thing all the time. In fact, it always made me proud to live in a country where a reporter could contact a government agency with questions and have them directly responded to. They could be from anywhere—the New York Times or the Pahrump (Nevada) Mirror. Readership didn’t matter. Here I was, a wannabe author, a quasi member of the press. Why couldn’t I do it too?

On October 29, 2015, I sent the following to the FBI public affairs office:

For a book I am writing, I’m seeking comment from an FBI spokesperson on the following:

Background:

It appears from FBI’s past actions that the FBI has confirmed Ronald Tammen, Jr., (FBI #358 406 B), who has been missing since 1953, to be deceased. This is evidenced by the following:

— Tammen’s fingerprints were expunged from the CJIS database in 2002, when Mr. Tammen would have been 69 years of age. It is CJIS policy to expunge fingerprints when a person is 110 years of age or seven years after a person’s confirmed death.

— In 2010, the FBI’s FOIA office released to me documents on Tammen  without requesting authorization or proof of death. Likewise, authorization or proof of death was not requested for Lyndal Ashby, whom I’ve subsequently discovered died in 1990. Such proof was required for missing persons William Arnold and Raymond Harris. 

Questions for Comment:

For these reasons, I am seeking a comment from an FBI spokesperson in response to these questions:

Is it true that the FBI has confirmed that Ronald H. Tammen, Jr., is dead?

IF YES:

  1. How did the FBI confirm Ronald Tammen, Jr.’s, death?
  2. When did the FBI confirm Ronald Tammen, Jr.’s, death?
  3. Where is Mr. Tammen’s body?

IF NO:

  1. Why were Ronald Tammen’s fingerprints purged in 2002?
If the FBI confirms a death of a missing person, is the next of kin usually notified?

IF YES:

  1. Why didn’t the FBI notify surviving members of the Tammen family that they had confirmed Ronald Tammen’s death?

Thank you, in advance, for your responses to these questions.

Yeah, I know, I could have eased up on all the follow-up questions and just left it at the single yes-or-no question for starters. I could have always followed up later. However, if the FBI hadn’t confirmed Ron Tammen to be deceased, any PR rep worth his or her salt could have easily provided the shortest of responses and sent me on my way. Something like: The FBI has no additional information that would confirm whether the subject is alive or dead. Unfortunately, we have no information as to why his fingerprints were destroyed in 2002. Seriously, that’s all they’d have had to do—if the FBI hadn’t confirmed Ronald Tammen to be dead, that is.

Instead, I received this email:

“Thanks for contacting the FBI.  Your request was forwarded to me for review and handling.  I contacted the FBI’s Criminal Justice Information Services Division (CJIS).  They informed me that you should submit a FOIA request in order to obtain the information you are seeking.  The following link will provide some guidance on submitting a FOIA request https://www.fbi.gov/foia/sample-fbi-foia-request-letter.  If you have further questions, do not hesitate to email or call me.  Thanks again for contacting the FBI.”

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Clipart by GDJ at openclipart.org

As instructed, I didn’t hesitate to call her. To my surprise, she picked up. Here’s how our conversation went, taken from notes I’d written after-the-fact (comments are paraphrased as closely as I could recall at the time):

I told her I had already been through the FOIA process and there are no more documents. Because of my lawsuit, I’m not even allowed to submit a FOIA request on the Tammen case unless I think there is a source that hasn’t been searched. I said that I was seeking a statement from the FBI saying whether Ronald Tammen was dead based on their actions.

FBI rep: I asked them, and they said that you needed to submit a FOIA request.

JW: I FOIA’d information on four guys. You returned docs on two of them, and for the other two, you told me I had to prove they were dead or I needed their approval. The other guy whose docs you sent to me—Lyndal Ashby—I’ve since discovered is dead. Which leads me to believe that you know that Ron is dead. You also discarded Ron’s fingerprints, which is another sign that you think he’s dead. And that is what I’m asking. Something is causing you to act in a certain way and I am requesting a statement based on your actions.

FBI rep: The FBI has a right to decline requests.

JW: So the FBI is declining my request for a statement? Are you a spokesperson?

FBI rep: No, ma’am. You cannot use me as a spokesperson.

She then said that they were declining on the basis that they didn’t have documents to back up what I was asking for.

JW: I feel like we’re going in circles here. It’s not about documents. It’s about actions. Something is causing the FBI to treat these cases differently. I’m seeking an FBI statement on whether the FBI has concluded Ron Tammen to be dead based on your actions.

Again, she said that I would not be receiving a statement from them.

My reasoning during that thoroughly enjoyable exchange was I felt that there must be some way in which the FBI’s FOIA office could tell whether or not Ronald Tammen was confirmed dead without having the information exist in document form. Remember that FOIA is all about documents, be they hard-copy or electronic. I wondered if there were some database that they could check.

Regardless, the public affairs rep was so insistent that I submit a FOIA request, I wondered what request I might be able to submit that didn’t drift into the forbidden territory of my former lawsuit. I decided that emails were fair game and submitted a FOIA request on all internal communication that was sent among CJIS staffers pertaining to their decision to purge Tammen’s fingerprints in 2002.

Several weeks later, I was told that they’d checked their Central Records System (CRS) and came up empty. I appealed on the basis that, while I was no expert, I didn’t think staff emails would be in their CRS, which is the catch-all system that holds current and past case files on virtually everyone whose ever been investigated by the FBI, from Al Capone to Busic Zvonko, and anything else on its radar. In my view, employee emails would be stored on an email server. In March, I received a response from an Appeals staff member, who boiled things down to this:

“After carefully considering your appeal, I am affirming the FBI’s action on your request. The FBI informed you that it could locate no records subject to the FOIA in its files. I have determined that the FBI’s response was correct and that it conducted an adequate, reasonable search for records responsive to your request. The FBI determined that, depending on the reason for the purge, there would have been no emails created, or if there were, they would be well past the records retention period for such records.”

So there were no emails. I think I’ve mentioned before that I don’t take no for an answer terribly well, especially when I think I’m being yanked around. However, another awesome aspect of our democracy is that an average citizen such as myself can contact her or his congressional representative or senator for assistance with a federal agency that isn’t being particularly responsive in providing a service that is part of its mission. Most requests probably have more to do with Social Security checks, veterans’ benefits, and whatnot, not so much journalistic inquiries seeking an answer to a yes-or-no question. Nevertheless, I thought I’d give it a whirl. I contacted my senator, and asked if he’d be willing to approach the FBI on my behalf. He accepted my request and one of his staffers contacted the FBI’s Office of Congressional Affairs with my question and related follow-ups.

I was optimistic. They could give my small-potatoes self the brush-off, but a sitting U.S. senator? Surely, they’d address any questions coming from him promptly and truthfully.

A little over two months later, the FBI’s deputy general counsel at the time—a guy named Gregory A. Brower—contacted my senator with a response.

It opened like this:

“This letter is in response to your email dated March 29, 2016, which was sent to the Federal Bureau of Investigation (FBI) on behalf of your constituent, Ms. Jennifer W. Wenger, who is requesting information as to whether or not the FBI searched Sentinel as part of her original FOIA request. The matter was referred to the FBI’s Office of the General Counsel (OGC) for response.”

How my simple question about whether or not they’d confirmed Tammen to be dead morphed into “whether or not the FBI searched Sentinel,” I’m not sure. Before that moment, I’d never heard of Sentinel.

“Sentinel is the FBI’s next generation case management system for FBI investigative records generated on or after July 1, 2012,” Mr. Brower explained. Since Tammen’s case was from 1953, it obviously wouldn’t apply. Fine, I thought, but what about the question I’d actually asked?

Mr. Brower then went into great detail about my entire FOIA experience with them, reliving every thrilling twist and turn, even disclosing information to my senator that I’d been told by my lawyer I was not permitted to make public. I’m not going to reveal that information on this blog, despite Mr. Brower’s (perceived) breach, because, quite frankly, I don’t want to piss these guys off any more than I already have. Truth be told, they seem humorless. If I showed you the letter, you’d see what I mean.

But there was something else that Mr. Brower told my senator that I couldn’t let go unchallenged. Mr. Brower spoke of how “Ms. Wenger received unprecedented access” and, later, “Ms. Wenger obtained special access” to certain information concerning the Tammen investigation as part of our settlement agreement.

His use of the terms “special” and “unprecedented” to describe my access to information about the Tammen case is, well, slightly overstated. As I’d discovered by then, the information I received is available to any person on the planet with an internet connection. Sure, they tailored it to their liking by rearranging a few sentences, switching out a couple of words, and adding two tidbits of info that took a minimal amount of research, but it was pretty much wholly ripped off from a write-up found on a well-known missing persons website called The Charley Project. The good news is that you won’t have to pay thousands of dollars in legal fees to access it. I give you, Good Man followers, the source of the FBI information that I received as a result of my settlement:

http://charleyproject.org/case/ronald-henry-tammen-jr

(If you’re wondering when The Charley Project had posted the original version, I contacted the person who manages the website to find out. She told me she was the author and she posted it on March 1, 2005. I’m thinking some FBI staffer lifted it from the website around the time Frank Smith came calling requesting Ron’s fingerprints in 2008, but that’s just a hunch.)

OK, back to my little saga. I made the above points to my senator’s staffer—that the FBI didn’t address the question at hand, that this wasn’t a FOIA request, and that my access to information from the settlement was neither special nor unprecedented—and, God bless him, he went back to Mr. Brower on my behalf.

Mr. Brower’s response was a lot shorter, and again, he stuck with his original talking points: she sued us, we settled, we don’t have to give her another thing on Ronald Tammen. He closed with this:

“If she has questions about the FBI’s response to her FOIA request, which was resolved by the settlement agreement, she should pursue resolution through the proper legal avenues.”

I thanked my senator and his staffer for their efforts, and decided that the FBI’s wall was impenetrable. I gave up, and moved on to other parts of my research.

Until last week, that is. As I was writing up this blog post, I started mulling over what a database would be like in which the FBI tracks anyone who has been fingerprinted. We already know that fingerprints and other biometric information are kept in a giant database called Next Generation Identification (NGI). Let’s imagine that there’s a field in which information can be entered stating whether or not a person has been confirmed dead, and, if so, the date in which they were confirmed dead. To the best of my knowledge, that information wouldn’t be considered FOIAable. It would be one or two fields in a ginormous database, not a bona fide document. But without such a system, how would they even know when it’s time to purge a confirmed dead person’s fingerprints after seven years—the institutional memories of its employees?

“Hey, Fred?”

“Yeah, Barney?”

“Wasn’t it seven years ago that we finally learned that Mr. Slate had died? You know, the guy from Pahrump whose fingerprints we’ve had on file since the 1970s?”

“Has it been seven years? Well, I’ll be. You’re right!”

“I’d say it’s high time we expunged those prints!”

Methinks not. With a fair amount of trepidation, I decided that I needed to go back to the FBI one more time. This was, after all, a question about departmental protocol. I wasn’t asking them about Ronald Tammen, Lyndal Ashby, or anyone else in particular. I just wanted to know how CJIS knew when it was time to purge fingerprints. Maybe no individual is alerted. Maybe the deadline hits and the fingerprints are expunged automatically. Either way, that would be a hypothetical means in which the FOIA office could retrieve info that stated whether someone listed as missing had been confirmed dead.

Last Tuesday, I sent an email to the public affairs person who’d contacted me before, requesting an answer to that question within the week. No one has responded in time for this post. (Of course, you’ll be the first to know if anyone does.)

At least one point bears repeating, a point that reaffirms my faith in the decency of people. If the FBI hasn’t confirmed Tammen to be dead, “NO” would have been the most obvious and easiest of responses to my question. Instead, some representatives hid behind FOIA, while another used legalese as pushback and even changed the question. If the FBI has confirmed Tammen to be dead, no one lied to me. If someone from that organization knows the answer to be “YES,” perhaps he or she can be convinced that the right thing to do is to come forward and let Tammen’s surviving family members know what happened. You know how to reach me. And I won’t share your name with a soul.

The missing fingerprints, part 3*

(*or how a FOIA request for three other missing persons inadvertently helped me realize that Ronald Tammen is probably dead)

It was on a sad day in 2015—April Fool’s Day, no less—when it had dawned on me that Ronald Tammen had probably died. That was the day that I learned that the FBI had tossed out Ron’s fingerprints—the inky, kid-sized variety that had been rolled across a card back in 1941 as well as the digitized versions that had been stored in the FBI’s computer system. That an organization so historically obsessed with fingerprints would rid itself of the last remnants of someone who had famously gone missing was, in my view, absurd, regardless of what their protocol dictated. The 2002 purging happened surreptitiously, with no notification of Tammen’s immediate family members, which at that point still included all four of Ron’s siblings. Because the FBI purges fingerprints when a person would be 110 years of age or seven years after his or her confirmed death, I concluded that the FBI had probably confirmed Tammen to be dead in 1995.

But there was another line of evidence that the FBI had determined Ronald Tammen to be dead, evidence that had been directly under my nose a whole lot earlier than April 1, 2015. It has to do with the FOIA process.

It works like this: If you were to send a FOIA request to the FBI today seeking documents that they have on any person other than yourself, you would need to provide one of three things: proof that the person is deceased, such as a death certificate or an obituary; proof that he or she was born at least 100 years ago, in which case the person is likely to be dead; or, if the person is still living, a signed consent form from him or her saying that it’s OK for you to receive the documents. If you don’t provide any of the above, it’s highly likely that you won’t be getting a thing from them. As you can surmise, this is tough to do if a person is listed as missing. Where would you get your hands on any of those pieces of backup evidence? Well, there appears to be an exception to this rule: If you were to ask them for Ronald Tammen’s files, they would accept your request, and then send you your documents months later. (But you don’t even have to do that, Good Man readers! You can access them here.)

When I submitted my FOIA request on Ronald Tammen in 2010, the significance of what wasn’t asked of me went unnoticed. It was, after all, my first FOIA request, and I had no means for comparison. However, in 2011, in an effort to learn how Tammen’s case was handled in comparison to other missing persons cases, I submitted FOIA requests on three other draft-age men who disappeared during the J. Edgar Hoover era. They were:

  • Lyndal Ashby, who disappeared from Hartford, Kentucky, in 1960 at the age of 22;
  • William Arnold, who disappeared from Lincoln, Nebraska, in 1967 at the age of 24; and
  • Raymond Harris, who disappeared from Omaha, Nebraska, in 1971, at the age of 20.

For Mr. Arnold and Mr. Harris, the section chief of the FBI’s Record/Information Dissemination Section informed me that my request was exempt from disclosure because I hadn’t sent proof of death or authorization of the third party, or “a clear demonstration that the public interest in disclosure outweighs the personal privacy interest and that significant public benefit would result from the disclosure of the requested records.” Regarding the latter loophole, believe me, I tried, but they weren’t moved by my reason for disclosure. For Mr. Ashby, on the other hand, they accepted the request, and months later, I received eight pages on his case.

It wasn’t clear to me why Ronald Tammen and Lyndal Ashby were treated differently than William Arnold and Raymond Harris, and I said so during the appeal process. Using the Office of Government Information Services (OGIS) at the National Archives as a go-between, I asked the FBI liaison to explain to me why I needed to send proof of Arnold’s and Harris’ death, when I didn’t send proof of Tammen’s or Ashby’s death?

What happened next was pretty telling.

First, through the OGIS representative, the FBI liaison communicated the following:

The FBI released information pertaining to Mr. Tammen because over the years the FBI had contact with his family who indicated that they believed Mr. Tammen to be deceased given some suspicious facts, namely, that after his disappearance a fish was found in his college bed.

Talk about a fishy excuse. What communication between the FBI and the Tammen family was he referring to? For years, Ron’s parents were quoted in news accounts saying that they were hopeful that Ron was still alive. They also dutifully signed and returned a form letter every couple years asking the FBI to continue looking for Ron. Mr. Tammen did so until 1970, the last year in which the FBI had sent him the letter. (Mrs. Tammen had passed away in 1964.) Also, the fish in the bed was a prank—I knew it, the FBI knew it, and I figured the Tammens had known it too, since the story about the fish had first appeared in the Cleveland Plain Dealer, their hometown paper, in 1956. His explanation was bogus, and I jumped all over it.

I said that I thought it was interesting that he knew about the fish in the bed, since nothing in the FOIA documents that they’d sent me had mentioned the fish. I wanted to know what document he was reading. Of course, I knew that there was information online about the fish, though I thought it would have been odd if he’d go to those lengths to learn about the Tammen case. Here’s how our phone conversation went on February 15, 2012:

The FBI liaison told me that his reference to the fish was just a poor attempt at humor and that he’d been referring to the scene in The Godfather. (I knew the one he meant—where a dead fish is placed on James Caan’s lap to communicate that a character named Luca Brasi was dead and “sleeps with the fishes.”) He then said he reviewed all of the FBI’s files and there was nothing about the fish in the files.

I couldn’t believe what I was hearing. I remember asking him, “Are you aware that there really was a fish in the bed? I mean, it was nothing—just a harmless prank—but there really was one?” At that point, I was expecting him to come clean and say that he’d read about the fish online. But that’s not what he said. Instead, he said that he had no idea. It was just a poor attempt at humor.

I sued the FBI, which is another story for another day. I’ll go ahead and post my complaint, however, since it’s public information. If you’re interested, have at it.

My answer about Lyndal Ashby came much later, as I was conducting online research for a chapter of my book. I discovered that Ashby had eventually been found, and his name was engraved on a headstone in his memory in Walton’s Creek Cemetery, in his birthplace of Centertown, Kentucky. According to an obituary attributed to his family and posted on ProjectJason.org, a website for missing persons, in June 2013:

Family members in Kentucky have recently learned that Lyndal B. Ashby, formerly of Centertown, died in Oakland, California on April 11, 1990. This information was obtained after his brother conducted a lengthy missing persons investigation, and confirmed by DNA tests conducted by the Federal Bureau of Investigation. He had been estranged from family since 1960 and died under an assumed identity. His body was cremated and the ashes strewn on the ocean three miles west of the Golden Gate Bridge. (See full obituary here.)

So Lyndal Ashby had died in 1990—a little more than six weeks before his 52nd birthday. Now, in hindsight, I imagine that’s why the FBI was able to send his documents to me in the first place. But that’s puzzling too, since the case wasn’t officially resolved until 2013, and I had submitted my FOIA request two years prior. Did the FBI already have a pretty good idea that Ashby was dead by then?

In the end, it was the two actions on the part of the FBI—purging Ron’s fingerprints in 2002 and sending me his FOIA documents in 2010 without requesting backup information—that led me to conclude that they had confirmed Ronald Tammen was dead too. But if they did know that he was dead, how did they know? And moreover, when did he die, how did he die, and where were his remains? Since nothing in Ron’s FOIA documents would address those questions, I decided that the only way to get an answer was to ask them point blank—yes or no—had they confirmed Ronald Tammen to be dead? And that’s what I did.

The missing fingerprints, part 2

Last month, after I posted what I consider to be a big revelation in the Tammen case—documented proof that the FBI had Ronald Tammen’s fingerprints on file when he disappeared, and, moreover, the discovery that they no longer have them—I was expecting, I don’t know, a more enthusiastic reaction? Not cheers and fist bumps per se, but I thought the number of page views would inch up a little, and someone might even weigh in with a “wow.”

Here’s what I heard:

[crickets]

I don’t think it’s because readers have lost interest in the Tammen case. Many of you have let me know through your emails and comments that you’re happy this blog exists. So why all the quiet?

I think I know. It’s because, Good Man followers, you were probably waiting for the other shoe to drop, and rightfully so. I was holding onto a key piece of information.

A few readers might have already figured things out, because the information I was holding back is already public. And that piece of publicly available information has to do with FBI protocol.

“Everybody has to clean their closets once in a while,” one FBI employee told me when I asked him why they no longer had Ron’s prints on file.

That’s a good point. And with the FBI now tracking other biometrics, such as facial recognition and latent and palm prints, they’re probably accumulating massive volumes of data. Under the FBI’s Next Generation Identification (NGI) system, the record retention protocol for fingerprints is as follows (with bold added):

The NGI data will be retained in accordance with the applicable retention schedules approved by the National Archives and Records Administration (NARA). NARA has approved the destruction of fingerprint cards and corresponding indices when criminal and civil subjects attain 110 years of age or seven years after notification of death with biometric confirmation. Source, Section 3.4

So under NGI protocol guidelines, the FBI would have had to wait until either Ronald Tammen was 110 years of age or seven years after his biometrically confirmed death before they could rid their closet of Tammen’s prints. In February 2008, when Detective Frank Smith, of the Butler County Sheriff’s Department, unsuccessfully sought out Tammen’s prints from the FBI, Tammen would have been 74 years of age, not even close to 110.

Not so fast, some forensics experts may be thinking. NGI was fully instituted only recently, in September 2014. The protocol of its predecessor, the Automated Fingerprint Identification System, which had been in place since July 1999, stipulated this:

NARA has determined that civil fingerprint submissions are to be destroyed when the individual reaches 75 years of age and criminal fingerprints are to be destroyed when the individual reaches 99 years of age. — Source, Section 3.4

OK, that’s better. Whether Ron would have been 74 or 75…that’s close enough, right?

Maybe, except for one thing: On April 1, 2015, a high-ranking official in the FBI’s Criminal Justice Information Services (CJIS) division let me know in an email that Ronald Tammen’s fingerprints were “expunged from our system in 2002. No other info available.”

Ronald Tammen would have been 68 or 69.

Whaaaaaa?, I thought.

I followed up with this email, to which he responded to three questions in red:

Thank you so much for your quick response. Just to make sure I understand–does that mean that his fingerprints were still in the FBI’s system until 2002, at which time they were removed from your system? Yes. Also, do you happen to know who expunged them? No Lastly, I know it was a long time ago, but do you have any suggestion regarding the meaning of the language: “removed from Ident. files, 6-4-73”? Sorry, but we do not.

(The last question had to do with a notation on several of the documents I’d received from the FBI as part of my FOIA request. I’d originally been trying to determine if they’d purged Ron’s fingerprints back in 1973.)

I then asked him what the protocol was for expunging fingerprints. He said, “The FBI purges fingerprint data and records at 110 years of age or 7 years after confirmed death.”

And that’s why I’m so riled about Ron’s fingerprint records. Since Ronald Tammen wouldn’t have been 110, or even 75, years of age when the FBI purged his prints, the only logical explanation for their decision to do so, other than the possibility that someone made a colossal mistake, is that Ronald Tammen had been confirmed dead, possibly for seven years, in 2002. This, in turn, could mean that he died around 1995, depending on the date in which the FBI had first learned of his death.

And if the FBI did learn and confirm that Ronald Tammen had died? Well, that just opens up a whole new set of questions, now doesn’t it?

The missing fingerprints

Shortly after Ronald Tammen went missing, the FBI began their own investigation into his disappearance. Because the FBI is part of the federal government, it’s subject to the Freedom of Information Act (FOIA), which means that an ordinary U.S. citizen can ask them to provide documents on a topic within their jurisdiction, though some exemptions apply. (Actually, non-citizens can submit FOIA requests too.) In April 2010, I submitted a FOIA request seeking everything they had on the Tammen case and, just before Christmas of that same year, the FBI sent me 22 pages.

Here you go. (Click on link to view documents.)

These pages provide much to mull over, and, meaning no disrespect to the G-men  and administrative staff who were just doing their jobs back then, they’re a tad sloppy and chaotic. When I shared them with someone who used to work for the FBI and asked him what he thought, he said that it appeared as if a lot was missing. Mind you, this person didn’t have a scintilla of background knowledge on the Tammen case. He based his observation on the fact that the FBI is a memo-happy place (my words, not his), where a phone call or visit generally warrants a new report. In an unsolved missing person’s case from 1953, one would expect more than 22 pages. In addition, several people with whom I’d spoken had told me that either they or their parents were interviewed by the FBI after Tammen disappeared, yet those visits weren’t mentioned anywhere in the documents I’d received.

After a few more related FOIA requests that yielded nothing, I appealed, arguing that there must be more documents based on the missing interviews and a couple other pieces of evidence I’d gathered. Months later, I was sent nine additional pages pertaining to the Georgia “dead body” case of 2008.

Here they are.

As you can imagine, taking on the FBI can be a challenge, and I won’t be able to cover my history with them in a blog post or two. I need to save some of that drama for the book.  However, one of the more surprising discoveries can be found on page 3 of the first batch of documents they sent me. To cut to the chase: when Ronald Tammen’s mother telephoned the Cleveland FBI office on April 30, 1953, to report her son missing, the FBI Headquarters in Washington, D.C. already had his fingerprints on file.

From the year 1941.

When Ron Tammen was seven or eight years old.

FBI memo
Click on document to enlarge.

That seemed odd to my FBI contact and me. He considered it uncommon to fingerprint a child back then because people generally weren’t concerned about the sorts of crimes that we worry about today. I wondered if the other Tammen kids might have been fingerprinted too, and asked Marcia, John, and Robert if they could recall their parents having them fingerprinted as children. They each told me “no.” Although John had no memory of Ron being fingerprinted, and Marcia and Robert weren’t born at the time, Marcia said that she did recall being told that Ron had been fingerprinted in school. I subsequently found a 1960 anniversary article in the Cleveland Plain Dealer that stated, “…fingerprints taken when Ronald was in the second grade at Fairview Park Elementary School are on file in the FBI in Washington.” No reason was given as to why a child would be fingerprinted during the second grade, but the FBI document states that it was for personal identification. Maybe some prescient teacher had the students fingerprinted as a class project. The children could learn about how law enforcement operated while doing their civic duty.  Oh, and if (God forbid) one of them should happen to go missing someday, well, they’d be ahead of the game.

That’s precisely how FBI Director J. Edgar Hoover would have viewed things too. Hoover felt that everyone in the country should be fingerprinted, not just the criminals, civil service applicants, and members of the military. He encouraged all citizens to voluntarily have their fingerprints sent in so that the information could be used to aid in missing persons investigations, or to help the bureau identify an amnesia victim or an unidentified body. So with the FBI already in possession of Ron’s fingerprints in 1953, wouldn’t that have given them a leg up in their investigation into his disappearance? Apparently not.

But here’s the wildest part: If a member of law enforcement were to contact the FBI today seeking a copy of Ronald Tammen’s fingerprints—in the event someone encountered a person who resembled him or someone turned up dead who might have been Ron Tammen—an FBI representative would have to tell that official that no fingerprints exist.

They had them, and you can see the notations for yourself on pages 6 (dated Nov. 16, 1959) and 7 (Oct. 30, 1961) of the first batch of FBI documents. They look sort of like this (the best I can approximate using this software):

19M    17W    r12

L       3 W

But they no longer have them. Detective Frank Smith tried to get them in 2008 when he was handling cold cases for the Butler County Sheriff’s Department, and was turned away empty-handed. (By the way, if we have any fingerprint specialists among us who can shed some light on what these notations mean, please feel free to comment.)

To put it plainly, the fingerprints of Ronald Tammen, the central player in one of the most famous missing persons cases in the state of Ohio, were already on file with the FBI the year that he disappeared. Furthermore, although Tammen has never been found, and we are still within the timeframe in which he could feasibly turn up alive, someone from the FBI looked at those prints and decided that, for whatever reason, they didn’t need them cluttering up their files anymore. Someone decided they should be purged. Was it a mistake (and by “mistake,” I mean an act of mind-boggling negligence), or did they know something that the rest of us haven’t yet learned? That’s just one of the questions I’ve spent the past seven-plus years attempting to have answered.