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During the autopsy of the first victim Sue Frost, a medical assistant detected a faint odor of bitter almonds coming from her body. This led them to send samples to a lab, which confirmed Sue died by cyanide poisoning. This led to an investigation. The Seattle police them communicated with the FBI, about a call they received from Stella Penny who claimed her husband may have died from cyanide poisoning. This is a great example of law enforcement communicating, because without this communication the FBI may not have been tipped off to Stella Penny, the eventually convicted murderer in this case. Two bottles of the contaminated Excedrin capsules were then recovered from Stella Penny’s house, which was suspicious because she stated purchasing them at different stores at different days. Once these tablets were examined by the lab, it was discovered that they had traces of algaecide on them, a algae killer for home fish tanks. Mrs. Penny had a home fish tank, and a witness as a pet store identified Mrs. Penny’s photo and verified that she had bought the specific brand of algaecide Algae Destroyer (which was recovered on the tablets) from him at the store. The FBI ran a background check, she had previously been in trouble for fraud, forgery and child abuse. Additionally, she had significant debt and was in danger of losing her home. They also found that she increased the coverage on her husband’s life insurance before his death, increasing his accidental life insurance by 40,000 dollars. After the doctor who performed the autopsy wrote the cause of death as emphysema on the death certificate, she called to make sure there were no mistakes. This connects to the accidental life insurance because if the cause were emphysema, she wouldn’t receive the additional insurance coverage. When brought in for questioning, she began a polygraph test, she was asked if she laced the capsules with cyanide to which she responded “no” and the test indicated this was a lie. Her daughter, Regina Hicks stated her mother often spoke about killing her husband and had researched how to do so at libraries. Records from the library showed a book on human poisoning and book on toxic plants, the latter allowed the lab to lift Mrs. Penny’s fingerprints. Essentially, Stella led to herself as a suspect, the two bottles with poisoned capsules heightened suspicions. The traces of algaecide were specific, and a witness backed this connection to Mrs. Penny. Her phone call to the doctor made sense when considering life insurance. Lastly, the library records led to damning physical evidence.

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Sue Frost was found collapsed on her bathroom floor by her Husband Henry, who dialed 911. When paramedics arrived, they found Sue unresponsive to light or sounds, Sue later passed away shortly after arriving to the hospital. An autopsy and after a series of lab tests it was determined Sue passed away from cyanide poisoning. The poison was determined to have come from Extra-Strength Excedrin® pain reliever capsules Sue had ingested. Stella Penny then contacted Seattle authorities to report suspicion that her husband Bart Penny had died from the same medication. Investigation into Stella Penny led her to be a suspect in the murder of her husband, and Sue Frost. Evidence from algaecide found on the poisoned tablets was linked to her via an eye witness. A background check revealed Mrs. Penny had a criminal record. Her daughter Regina Hicks reported her as talking about killing her husband Bart Penny and reported her mother researching cyanide at local libraries. FBI agents obtained documents from the library, including Stella Penny’s fingerprints from a book titled Deadly Harvest about cyanide. Stella Penny was then indicted on December 9, 1987 and convicted May 9, 1988 and sentenced to 90 years imprisonment.

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1) Why was physical evidence needed to build a substantial case against Mrs. Penny?

Physical evidence is the most credible evidence, everything else previously against Mrs. Penny was circumstantial, physical evidence was needed to give concrete evidence to the case. People can have different recollections, witnesses can lie, physical evidence is absolute. Physical evidence allows there to be facts for the circumstantial evidence to be built off of.

2) What are latent fingerprints?

Latent fingerprints are fingerprints left on a surface by deposits of oils or perspiration from a finger. They’re also usually invisible to the naked eye.

3) How do you lift latent fingerprints from a book?

The book pages may be dusted with fine powder and then the pattern of the power is lifted with transparent tape.

4) Could Mrs. Penny have avoided being caught and convicted for her husband’s murder? How?

If Mrs. Penny had never contacted the FBI about her husbands' possible death due to the cyanide poisoning, then it’s unlikely the connection ever would have been made. The autopsy reported the cause of death of her husband and emphysema, it’s unlikely that ever would have been questioned had she not contacted authorities.

5) Would you describe this as potentially a perfect murder “gone bad” due to frustration and greed on the part of Stella Penny? Explain.

Yes, Stella Penny wanted the money from the accidental death life insurance coverage. In order to override the cause of death of emphysema reported for her husbands' death, she contacted authorities about his potential cyanide poisoning. However, this ultimately led to her as a suspect, and her eventual conviction. If she never contacted authorities, perhaps she would have gotten away with it. Particularly because the autopsy didn’t indicate anything suspicious.

6) This case occurred before the passage of the Patriot Act. Even so, libraries are not in the habit of making the records of their patrons readily available to law enforcement agencies. How do you think the FBI obtained the information regarding Stella Penny’s library activities?

They likely gained access through a grand jury subpoena.

7) How has the passage of the Patriot Act affected collection of such information by the FBI and other federal agencies?

Before the Patriot Act, law enforcement agencies had to use the grand jury process to obtain business records. Under the patriot act they can now ask a federal court to order production of the records. However, this is only in acts of foreign terrorism. It’s likely in a case such as this they’d still need the grand jury subpoena. However, the patriot act has allowed agencies to delay presenting the warrants to those searched until after the searching. This means that they can’t rid of evidence on notice.

SOURCE: https://www.justice.gov/archive/ll/highlights.htm (Links to an external site.)Links to an external site.

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1) What should the agents do to get additional evidence to indict Mrs. Penny? (Hint: think about what the daughter told the FBI agents that her mother told her she had done.)

Regina, Mrs. Penny’s daughter stated that Mrs.Penny had researched the effects of cyanide on humans at multiple libraries. Therefore, the FBI agents could search those libraries to find what books she checked out and gain physical evidence in searching for fingerprints on those books.

2) Speculate on why her daughter did not say anything to the police initially but later contacted them and informed them of her mother’s desire to see her husband dead.

It’s possible that Regina stood to gain some of the life insurance money from the accidental death clause if she kept quiet, but after the death cause was emphysema and the money wouldn’t be collected, she turned on her mother. It’s also possible that she came forward to avoid appearing suspicious herself.

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1) Why did the FBI do a background check on Mrs. Penny?

They ran a background check because they began to suspect her based on the home fish tank and connection to algicide. A background check could identify if she had a criminal history possible related to this such crime.

2) Was any of the evidence gathered by the FBI sufficient to arrest Mrs. Penny for murder? Why or why not?

They need physical evidence to establish proof beyond a reasonable doubt. All of the evidence thus far is speculative. There’s still no explanation for why she would poison multiple bottles, nor how she would have known how to do so. Having bottles containing the poisoned pills isn’t enough either when considering that another person had such a bottle.

3) Why would Stella call the doctor who signed her husband’s death certificate asking if he was sure he made the right call?

She had a life insurance policy with an accidental death clause, the doctor listed emphysema as the cause of death, which would not have been considered accidental. Her husband had 105,000 dollars’ worth of life insurance coverage for accidental death.

4) What would you suggest as the next step(s) in the investigation?

I would suggest bringing Mrs. Penny in for questioning, along with friend and family members. Also possible witnesses.

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1) Why was it considered unusual or peculiar to find that all capsules containing cyanide also

contained an algicide?

It’s peculiar because like cyanide, algicide wouldn’t be used in the creation of Tylenol. Its likely ingredients of Tylenol were all found in capsules containing cyanide too, so it’d be unusual to find another substance on all contaminated capsules that are not a Tylenol ingredient. That makes it suspicious.

2) How could the algicide (which is sold in a pellet form) and the cyanide wind up in the same

capsule?

It’s possible whoever poisoned the capsules with cyanide, did so with a container that once held the algicide. While these were sold in pellet form, it’s possible she had previously ground them in the container.

3) Why did the FBI think it was odd for Stella to have two contaminated bottles of Excedrin in her home?

Stella stated that she bought them on two different days from two different stores, and considering the FDA examined over 740,000 capsules and only found five contaminated bottles, it seemed unlikely that Stella would end up with two of the contaminated bottles by a matter of coincidence.

4) Which factors led the FBI to begin considering Stella more as a suspect than a grieving widow?

Stella had a fish tank within her home, and algicide was found on the Tylenol capsules also containing cyanide. The specific algicide was a brand named Algicide Destroyer, sold for home fish tanks.

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Lead Detective: Yvonne Carrillo
Other members:
Mikaela Spencer
Kathryn Cevaca
Christian Steele
Cynthia Atler

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1. Why does the FBI have jurisdiction over the Sue Frost poisoning case?

Product tampering became a federal crime after the US government enacted the Federal Anti-Tampering Act of 1983. The FBI has jurisdiction over the Sue Frost poisoning case because the popular brand, Bristol-Myers, extra strength Excedrin had been tampered with and was available for purchase nation wide. Under the Anti-Tampering Act of 1983 the FBI was required to investigate the case further beyond local police findings.

SOURCE: https://classroom.synonym.com/did-product-tampering-become-fbi-jurisdiction-16649.html (Links to an external site.)Links to an external site.

2. When did product tampering become a crime handled by the FBI?

According to the article below , product tampering became a crime handled by the FBI in 1983.

SOURCE: https://classroom.synonym.com/did-product-tampering-become-fbi-jurisdiction-16649.html (Links to an external site.)Links to an external site.

3. Which previous case led to product tampering becoming a crime that falls under FBI jurisdiction?

The previous case involved a string of deaths related to cyanide poisoning from Tylenol capsules that had been tampered with in the year 1982. At least 7 individuals had died within the Chicago area following the consumption of Tylenol products. The perpetrator behind the case is still unsolved today. However, there are now stricter regulations placed on product manufacturing including seal protection and anti-tampering technology.

SOURCE: https://www.pbs.org/newshour/health/tylenol-murders-1982 (Links to an external site.)Links to an external site.

4. Where did this case (referred to in Question 3) of product tampering occur?

This case of product tampering occurred in the Chicago area of Illinois.

SOURCE: https://www.pbs.org/newshour/health/tylenol-murders-1982 (Links to an external site.)Links to an external site.

5. Who was ultimately convicted of the crime referred to in Question 3?

No one was convicted of the crime due to the complexity of the case. The FBI was unable to locate a conclusive source or suspect despite investigations. Tylenol assured the FBI that their products were tampered with after they were manufactured and placed on store shelves. Several individuals came forward to extort Tylenol for money by claiming they were the poisoner, but the individuals were not the true criminal of the case.

SOURCE: https://www.pbs.org/newshour/health/tylenol-murders-1982 (Links to an external site.)Links to an external site.

6. What should be the next step(s) in the investigation of the case called “A Headache to Die For?”

The next steps should be: remove all Bristol-Myers extra strength Excedrin from consumer access, a nationwide investigation of the medication to determine whether or not the poisoning is a local or nation wide problem, and a thorough investigation of all suspects related to Sue Frost and Stella Penny.

7. Why would the death certificate for Stella Penny’s husband, Bart, not have shown cyanide poisoning as the cause of death?

The death certificate would not indicate that Bart had cyanide poisoning because he was not examined by a coroner to determine true cause of death. Stella Penny did not request an autopsy because she claimed that Bart had respiratory problems and most likely died from respiratory complications.

8. Why was it important for the FBI agents to determine if there was a possible connection between Sue Frost, a banker, and Bart Penny, a construction worker?

It's highly important for the FBI agents to determine a possible connection between Sue Frost and Bart Penny due to the short time-line between their deaths and the similar circumstances in which they died.