Leader
The text trap
As David Hodgson begins an 18-year prison
sentence for killing Richmond teenager Jenny
Nicholl, Joe Willis talks to the forensic linguistics
expert whose pioneering work brought him to justice
NINE days after Jenny Nicholl was murdered,
her killer David Hodgson sent
messages from the teenager's mobile
phone to two of her friends. Five days
later, he sent another text to her father.
The messages were an attempt to suggest to police
and her family that the 19-year-old was still alive.
However, when Hodgson was eventually brought
to trial for Jenny's murder, the texts became key
pieces of evidence for the prosecution.
Detectives say they suspected from the beginning
that the messages were not sent by Jenny. But how
did they prove this in court?
In a first for the region, Detective Chief Superintendent
Sue Cross, the senior investigating officer,
in the Jenny Nicholl case, and her team turned to
forensic linguist Professor Malcolm Coulthard,
who has given evidence at a number of high-profile
court cases, including successful appeals
against conviction of the Bridgewater Four and
Derek Bentley, who was hanged in 1952 for his part
in the murder of PC Sidney Miles.
Police investigating Jenny's disappearance gave
the professor transcripts of the three July messages,
plus more than 100 sample texts sent by the
accused and 11 sent by Jenny.
Prof Coulthard says: "The interesting thing
about text messages is that
they're very short, but because
it's a new way of working, people
partially make it up themselves.
This makes text messages much
more distinctive than other types
of writing."
The professor's first step was to
establish if there was evidence
Jenny had sent the three mystery
texts. At a glance, the texts looked
like they could have been sent by
the 19-year-old. The recipients
later told the court they had their
doubts about their authenticity,
but the messages looked genuine
enough for Ann Nicholl, Jenny's mother, to go looking
for her daughter at the places they were sent
from.
Under closer scrutiny by the professor, however,
differences were found. When he examined the
texts, he noticed that both Jenny and the sender of
the mystery texts used the number "2" in place of
"to". However, while Jenny left no space between
the "2" and the following word, the sender of the
mystery texts did, for example in the phrase "ave 2
lve".
Other differences were more obvious. While
Jenny usually wrote "Im" and "Im not" in her texts,
the mystery texts featured "I am" and "aint". When
Jenny would use "my", "cu" and "fone", the words
"me", "cya" and "phone" would appear in the July
texts.
"I was able to say that it was highly unlikely she
sent those text messages," Prof Coulthard says.
He then attempted to determine if there was evidence
Hodgson had sent the three texts. To do this,
he used the defendant's sample texts, plus two suicide
notes he had left, as well as notes from writing
exercises Hodgson carried out at the request of detectives.
A number of similarities with the mystery texts
were found. The mis-spelling of the word "off",
using one "f" rather than two, featured in a suicide
note and the July texts. During the writing exercise,
Hodgson even asked a police officer for help to spell
the word. The word "might" was also mis-spelt as
"mite" in the mystery texts and Hodgson's examples.
Matching abbreviations such as "aint" and
"didnt" were also found in Hodgson's texts and
those sent from Jenny's missing mobile.
Prof Coulthard says: "From a linguistic point of
view, what I couldn't say was he
sent those text messages'. But
what I could say was he shared a
lot of the same features and was
among a small number of possible
senders'."
The professor says that the unusual
shared characteristics between
Hodgson's texts and the
mystery texts meant the number
of possible senders was reduced.
His conclusions led prosecutors to
tell the jury that Hodgson had attempted
to mimic Jenny's texting
style, but had made mistakes because
he was rushing, or he had
not studied her style sufficiently.
Prof Coulthard accepts that his evidence on its
own was not overwhelming. However, he says its
importance increased when used in conjunction
with other testimonies.
Jenny's friends told the court that they did not
understand some of the references in the texts. And
the teenager's mother said she used to work in Richmond
police station and her daughter would have
more respect that to call police "pigs".
Later in the trial, a witness from the O2 mobile
phone company revealed that the texts to Jenny's
friends were sent from Brampton in Cumbria on
July 9. The message to her father was sent from Jedburgh,
in the Scottish Borders, on July 14, he told
the court.
Records from a car hire firm were then produced.
These showed that Hodgson had taken out a hire
car over the periods the texts were sent. When the
mileage records of the hire cars were examined,
they fitted roughly with the distances there and
back to the locations where the messages were sent
from. The prosecution told the jury this all had to
be more than just an unhappy coincidence for the
defendant. They agreed and unanimously found
him guilty of killing Jenny.
As Hodgson begins his sentence of a minimum of
18 years he may well reflect that, had he not sent
the messages, he may well have got away with
murder.
Texts from a killer
Sent to Jenny's friend Jennifer Whelan on July
9, 2005
"hi jen tell jak i am ok know ever 1s gona b mad
tell them i am sorry.living in scotland wiv my
boyfriend.shitting meself dads gona kill me
mum dont give a shite.hope nik didnt grass me
up.keeping phone of.tell dad car jumps out of
gear and stalls put it back in auction.tell him i
am sorry"
Sent to Jenny's friend Nicola Gosnold at
12.16pm on July 9, 2005
"Thought u wer grassing me up.mite b in trub
wiv me dad told mum i was lving didnt giv a
shit.been2 kessick camping was great.ave2 go
cya"
Sent to Brian Nicholl, Jenny's father on July
14, 2005
"Y do u h8 me i know mum does.told her i was
goin.i aint cumin back and the pigs wont find
me.i am happy living up here.every1 h8s me in
rich only m8 i got is jak.txt u couple wks tell
pigs i am nearly 20 aint cumin back they can
shite off She got me in this shit its her fault
not mine get blame 4evrything.i am sorry ok
just had 2 lve shes a bitch no food in and always
searching me room eating me sweets.ave2 go
ok i am very sorry x"
11:38am Wednesday 27th February 2008
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