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| Lucy McHugh: How a Facebook password trapped a killer | Lucy McHugh: How a Facebook password trapped a killer |
| (about 4 hours later) | |
| A "violent sexual predator" who killed a 13-year-old girl in a bid to silence her is to be sentenced for her rape and murder. His arrest sparked one of the UK's biggest evidence searches and a trawl of thousands of hours of CCTV footage. But a Facebook password proved to be his ultimate undoing. | A "violent sexual predator" who killed a 13-year-old girl in a bid to silence her is to be sentenced for her rape and murder. His arrest sparked one of the UK's biggest evidence searches and a trawl of thousands of hours of CCTV footage. But a Facebook password proved to be his ultimate undoing. |
| Stephen Nicholson was a prime suspect early on in the investigation into Lucy McHugh's death. | Stephen Nicholson was a prime suspect early on in the investigation into Lucy McHugh's death. |
| An occasional lodger at the teenager's home, he was held on suspicion of her murder a day after her body was found in woodland at Southampton Outdoor Sports Centre. | An occasional lodger at the teenager's home, he was held on suspicion of her murder a day after her body was found in woodland at Southampton Outdoor Sports Centre. |
| His arrest gave police up to 96 hours to charge or release him, but it would be four weeks until a key piece of DNA evidence was recovered. | His arrest gave police up to 96 hours to charge or release him, but it would be four weeks until a key piece of DNA evidence was recovered. |
| The clock was ticking. | The clock was ticking. |
| In interview, Nicholson told detectives Lucy had sent him a Facebook message the night before she was murdered. | In interview, Nicholson told detectives Lucy had sent him a Facebook message the night before she was murdered. |
| She told him she was pregnant, he said. | |
| This gave officers a reason to look more closely at messages sent between the teenager and a man 11 years her senior. | This gave officers a reason to look more closely at messages sent between the teenager and a man 11 years her senior. |
| They soon realised Nicholson had changed his password prior to his arrest. | They soon realised Nicholson had changed his password prior to his arrest. |
| He refused to hand it over, denying police access to whatever information may have been contained within his account. | He refused to hand it over, denying police access to whatever information may have been contained within his account. |
| Nicholson, a cannabis dealer, said he withheld his password to avoid reprisals from his criminal contacts - an excuse later branded "wholly inadequate" by a judge. | Nicholson, a cannabis dealer, said he withheld his password to avoid reprisals from his criminal contacts - an excuse later branded "wholly inadequate" by a judge. |
| Locked out of his Facebook account and with no direct evidence linking him to Lucy's death, police needed more time. | Locked out of his Facebook account and with no direct evidence linking him to Lucy's death, police needed more time. |
| A request to the social media giant would involve a lengthy route through the US courts - well in excess of the 96 hours available to detectives. | A request to the social media giant would involve a lengthy route through the US courts - well in excess of the 96 hours available to detectives. |
| The answer was so-called "terrorism legislation", or section 53 of the Regulation of Investigatory Powers Act (RIPA). | The answer was so-called "terrorism legislation", or section 53 of the Regulation of Investigatory Powers Act (RIPA). |
| Normally used in cases involving national security, the surveillance law can cover all serious crimes. | Normally used in cases involving national security, the surveillance law can cover all serious crimes. |
| Nicholson was bailed in relation to Lucy's murder but charged under RIPA for failing to comply with an order to hand over his password. | Nicholson was bailed in relation to Lucy's murder but charged under RIPA for failing to comply with an order to hand over his password. |
| He later pleaded guilty at Southampton Crown Court and was jailed for 14 months. | He later pleaded guilty at Southampton Crown Court and was jailed for 14 months. |
| With Nicholson no longer at large, police had vital time for further investigations. | With Nicholson no longer at large, police had vital time for further investigations. |
| Being kept in custody meant he was unable to tamper with the evidence which ultimately convinced jurors of his guilt, according to the Crown Prosecution Service (CPS). | Being kept in custody meant he was unable to tamper with the evidence which ultimately convinced jurors of his guilt, according to the Crown Prosecution Service (CPS). |
| "If we'd used other legislation, he might not have been locked up," said senior district prosecutor John Montague. | "If we'd used other legislation, he might not have been locked up," said senior district prosecutor John Montague. |
| But even with Nicholson behind bars, the key piece of evidence had yet to be recovered. | But even with Nicholson behind bars, the key piece of evidence had yet to be recovered. |
| There was nothing to physically link the spot where Lucy's body was found to Nicholson - the murder weapon remained unaccounted for and no DNA was found at the scene. | There was nothing to physically link the spot where Lucy's body was found to Nicholson - the murder weapon remained unaccounted for and no DNA was found at the scene. |
| Once again, investigators focused on Nicholson's online accounts, this time enlisting the help of a cloud data analyst. | Once again, investigators focused on Nicholson's online accounts, this time enlisting the help of a cloud data analyst. |
| Their job was to study pieces of information sent from Nicholson's phone to data servers owned by companies such as Google. | Their job was to study pieces of information sent from Nicholson's phone to data servers owned by companies such as Google. |
| While tracing the phone's route on the day of Lucy's murder, the analyst noticed a small "blip" at an area police had not yet searched. | While tracing the phone's route on the day of Lucy's murder, the analyst noticed a small "blip" at an area police had not yet searched. |
| It suggested Nicholson had deviated from his most direct route home. | It suggested Nicholson had deviated from his most direct route home. |
| The diversion took him to Tanner's Brook: a stream which cuts through Southampton, weaving its way through woodland in the western half of the city. | The diversion took him to Tanner's Brook: a stream which cuts through Southampton, weaving its way through woodland in the western half of the city. |
| "It was a slight deviation on his telephone. You could say it had jumped a mast," Det Supt Paul Barton said. | "It was a slight deviation on his telephone. You could say it had jumped a mast," Det Supt Paul Barton said. |
| "It was a great bit of work from the analyst who pointed it out." | "It was a great bit of work from the analyst who pointed it out." |
| This subtle shift was enough for police to launch the constabulary's largest ever fingertip search, which involved 190 officers from 12 other forces. | This subtle shift was enough for police to launch the constabulary's largest ever fingertip search, which involved 190 officers from 12 other forces. |
| By now, it was four weeks after Lucy was found but on the first day of the search, police got the breakthrough they wanted. | By now, it was four weeks after Lucy was found but on the first day of the search, police got the breakthrough they wanted. |
| They found a bag containing a blue, bloodstained hoodie and other items - described in court as Nicholson's "murder kit". | They found a bag containing a blue, bloodstained hoodie and other items - described in court as Nicholson's "murder kit". |
| The garment contained Nicholson's DNA and Lucy's blood. | The garment contained Nicholson's DNA and Lucy's blood. |
| He is thought to have dumped the clothing, some of which had been partially burnt, near the brook after getting changed on his return from the murder scene on 25 July. | He is thought to have dumped the clothing, some of which had been partially burnt, near the brook after getting changed on his return from the murder scene on 25 July. |
| Prior to the discovery of the clothing, police had no other direct evidence of Nicholson's involvement in her killing. | Prior to the discovery of the clothing, police had no other direct evidence of Nicholson's involvement in her killing. |
| They tested fibres from her bloodstained jacket and Nicholson's clothes which suggested direct contact with the hoodie. | They tested fibres from her bloodstained jacket and Nicholson's clothes which suggested direct contact with the hoodie. |
| Detectives established that hoodies of the same type were sold to two people in the Southampton area - one of them was given as a present to a man who knew Nicholson's friend. | Detectives established that hoodies of the same type were sold to two people in the Southampton area - one of them was given as a present to a man who knew Nicholson's friend. |
| The DNA evidence "was the final nail in the coffin for Nicholson," said Det Supt Barton. | The DNA evidence "was the final nail in the coffin for Nicholson," said Det Supt Barton. |
| While officers, who would eventually study 11,000 hours of CCTV, examine 2,300 exhibits and take more than 300 reports, had a "strong circumstantial case", genetic evidence "was the bit to sink him", Det Supt Barton said. | While officers, who would eventually study 11,000 hours of CCTV, examine 2,300 exhibits and take more than 300 reports, had a "strong circumstantial case", genetic evidence "was the bit to sink him", Det Supt Barton said. |
| Had Nicholson not been jailed over his password, the outcome could have been different. | Had Nicholson not been jailed over his password, the outcome could have been different. |
| The 14-month jail sentence "bought us time - it stopped him getting to Tanner's Brook," Det Supt Barton said. | The 14-month jail sentence "bought us time - it stopped him getting to Tanner's Brook," Det Supt Barton said. |
| Prosecutors were eventually granted access to Nicholson's Facebook log on the first day of his trial. | Prosecutors were eventually granted access to Nicholson's Facebook log on the first day of his trial. |
| All that remained was a record of communications between Nicholson and Lucy, but without any content - he had deleted the messages before his arrest. | All that remained was a record of communications between Nicholson and Lucy, but without any content - he had deleted the messages before his arrest. |
| Prosecutor Mr Montague criticised the " protracted process". | Prosecutor Mr Montague criticised the " protracted process". |
| "For me, the personal side, the human side, is we have a 13-year-old child that has been murdered under ferocious, despicable circumstances and for me it's somewhat frustrating." | "For me, the personal side, the human side, is we have a 13-year-old child that has been murdered under ferocious, despicable circumstances and for me it's somewhat frustrating." |
| Facebook said it had worked closely with Hampshire Constabulary, but "we agree that this legal process can be far too slow." | Facebook said it had worked closely with Hampshire Constabulary, but "we agree that this legal process can be far too slow." |
| "We have actively lobbied for reforms to EU, US and UK laws to allow us, and others, to directly and more quickly provide information to UK law enforcement authorities," a spokeswoman said. | "We have actively lobbied for reforms to EU, US and UK laws to allow us, and others, to directly and more quickly provide information to UK law enforcement authorities," a spokeswoman said. |
| But despite this, Det Supt Barton said police had been able to build a case against "an extremely narcissistic, self-centred, violent sexual predator" | But despite this, Det Supt Barton said police had been able to build a case against "an extremely narcissistic, self-centred, violent sexual predator" |
| "He has destroyed a family - a family who have looked after him, put a roof over his head," he said. | "He has destroyed a family - a family who have looked after him, put a roof over his head," he said. |
| "He has taken all of that, groomed Lucy and lost interest in her - that was his motive." | "He has taken all of that, groomed Lucy and lost interest in her - that was his motive." |