Muddy Waters: Critiquing the Historical Criminology Method in the Investigation of the Smiley Face Murders Theory

• DOI: 10.1177/1088767920948571
• Author: Paul Bleakley
• Date: 01 August 2021
• Published date: 01 August 2021
• Subject Matter: Articles

https://doi.org/10.1177/1088767920948571

Homicide Studies

2021, Vol. 25(3) 273 –292

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DOI: 10.1177/1088767920948571

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Article

Muddy Waters: Critiquing

the Historical Criminology

Method in the Investigation

of the Smiley Face Murders

Theory

Paul Bleakley1

Abstract

As an emerging trans-disciplinary field, the operational use of historical criminology is

a largely under-studied area. Examination of the use of archival research in studying

cases connected to Gannon and Gilbertson’s Smiley Face murders theory indicates

that there is clear potential for historical criminology to be used to revisit closed

or cold investigations to determine if the official findings of the case are consistent

with the evidence. In the case of the Smiley Face murders theory, taking a historical

criminology approach has failed to prove the hypothesis of researchers; nevertheless,

use of historical research methods has had some success in forcing a re-evaluation

of several cases, and should be considered an important tool in future investigations

of this nature.

Keywords

historical criminology, murder, research, archival, methodology, policing

Introduction

Historical criminology is a trans-disciplinary field of study that continues to experi-

ence an ongoing evolution as scholars attempt to define its parameters and determine

its position on the spectrum of research methodologies. While the specific details of

what constitutes the historical criminology approach remains somewhat contested in

academia, it is the general consensus that this innovative methodological process

involves using traditional historical research practices to analyze criminological issues

1Middlesex University, The Burroughs, London

Corresponding Author:

Paul Bleakley, Middlesex University, The Burroughs, NW4 4BT, London.

Email: pj.bleakley@gmail.com

948571HSXXXX10.1177/1088767920948571Homicide StudiesBleakley

research-article2020

274 Homicide Studies 25(3)

of the past (Bosworth, 2001). Often, the historical research method is heavily reliant

on the use of primary source material derived from archival documentation, however

in historical criminology the range of materials analyzed can be expanded to include a

range of other non-archival sources such as oral histories, the analysis of historical

locations and the items found at these sites (Guiney, 2018). Rather than simply using

this research product to render a historical portrayal of crime, the fundamental strength

of historical criminology is that it applies an understanding of the past to source mate-

rial in a way that serves to better contextualize the subject at hand. Far from being a

looser approach to criminological research, historical criminology takes traditional

analysis a step further by assessing events against the standards and conditions of the

period. In doing so, historical criminologists are required to go beyond basic causation

to consider an extensive set of variable factors that influence behaviors and events. By

seeking to position a criminological trend within a broader set of socio-cultural condi-

tions, it is possible for a researcher to render a more multi-faceted understanding of

their subject matter that can identify the root causes of deviance by taking a wider

historical perspective into consideration (Churchill, 2018). With the imperative to con-

textualize its subject matter a guiding principle of historical criminology, there is con-

siderable scope for this field of study to be used in ways that go beyond simply

cultivating a better understanding of the past.

There is arguably no better example of how historical criminology can be used by

criminal justice practitioners than using the research methods associated with this

emerging trans-disciplinary field to revisit closed police investigations, especially

cases in which there is doubt regarding the outcome of the original inquiries. A crimi-

nal investigation is built on a living brief of evidence that is dependent on a range of

constantly shifting variables. On opening a case, police rarely have access to all the

information necessary to reach a valid conclusion; as such, officers do not have the

luxury of scope that is afforded to the historical criminologist who seeks to re-

prosecute

a case after years of dormancy (LePard et al., 2015). This article seeks to highlight the

potential opportunities and weaknesses of drawing on historical criminology methods

to revisit closed cases with reference to one of the most significant examples of its use

in recent times. Since first achieving public prominence in 2008, the Smiley Face

murders theory has taken root in the cultural zeitgeist over the last decade largely as a

result of the historical criminology research process undertaken by its primary propo-

nents. Driven by a small team of ex-police officers and criminologists, the Smiley

Face murders theory purports that a series of drowning deaths of at least 45 young,

college-aged men across the U.S. Midwest and Northeast is the responsibility of inter-

connected cells of killers who drug, kidnap and murder these men before staging their

bodies to appear as though they are the victims of accidental drowning; the team

responsible for reinvestigating these deaths believe that these murders are marked by

the placement of “smiley face” graffiti near to the sites where the bodies enter into the

water (Kaye, 2008).

While this theory has been widely criticized by local law enforcement and the

Federal Bureau of Investigation (FBI), the Smiley Face murders theory has used his-

torical research methods to identify inculpatory evidence indicating that foul play was