Quaero Indicium
'To Find the Evidence'
Please distribute to others that may have an
interest
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Greetings!
This new newsletter format has been well received and the feedback is appreciated. Our agency has formalized an agreement with two forensic experts. Recent issues of evidence has been in the news, as has been more cases of wrongful convictions using DNA - and good old-fashioned re-investigation. See 'In the News' below for an interesting story. Today a notification was received that our podcast host is making changes - which likely means going under. So, no podcast this month - but, as timing would have it, a replacement opportunity has arisen that we are looking into. As you are no doubt aware, our agency offers a wide range of litigation support to both attorneys and investigators, like you. From consultations of injury causation and death cases ... to scene investigations and evidence documentation ... to interviews and discovery/disclosure analysis ... we are with you, every step of the way.Visit our webiste at www.Forensic-Investigators.com to review the highlights of our services and resources. Call us today to review your case and investigative needs. |
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Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases
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 This is the cover of my book due out January 22, 2011!
I'll have a better idea of how it will look when I review the proofs the beginning of September.
You can find more information at:
Book Publication Information
You can also register to receive notifications of release, as well as win a free copy. Go to:
Book Registration and Contest
Writing has been busy this summer. I have contributed an article on attorney and investigator ethics to the newsletter for the Texas Association of Licensed Investigators, and an article on DNA for the investigator to the newsletter for the Florida Association of Licensed Investigators. I will also be speaking at their 2011 conference. Out this month will be my article on Equivocal Investigations for the National Association of Legal Investigators, and I am wrapping up an article for the California Association of Licensed Investigators on skip tracing techniques for service of process.
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Important Dates
| The following are the important dates for this month and the following two months. Reminders are sent approximately one week before an extended event (i.e. conferences and vacations). Any last minute changes are also sent by email. Please mark your calendars for any dates that may effect deadlines, hearing dates, trials and depositions. Any changes from a previous notice or newsletter will have an (*) to alert you to a calendar update.
August
* 31st-2nd (Tue-Thu) Fingerprint Classification and Comparison continuing education
September
* 31st-2nd (Tue-Thu) (continuing - Fingerprint Classification and Comparison continuing education
16th & 17th (Thu & Fri) Speaker - Utah Private Investigators Association conference
22nd to 25th (Wed-Sat) Attendance - PPIAC annual conference
October
* 14th-19th (Thu-Tue) Personal - Anniversary Vacation
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| Expert Forensic Consultants | I began working with Dr. Stephen Cina, Forensic Pathologist, in late 2002 as a death investigator and forensic autopsy assistant when he was the appointed Medical Examiner for Weld County and Deputy Medical Examiner for Larimer County. I was handpicked from the training program to fill a vacant slot.
Dr. Cina accepted a position as Deputy Chief Medical Examiner for Broward County, FL and later I returned to the private sector. Dr. Cina and I have always had a working relationship assisting each other with consulting on death and injury causation cases. We believe that medicolegal investigation is a team effort, and that is
why he has asked Dr. Schueler and I to be affiliated as experts in our respective fields and to offer
comprehensive services to our clients. I am honored to work with him and Forensic Toxicologist Dr. Harold Schueler.
Dr. Schueler is the Chief Toxicologist of the Broward County Medical
Examiner's Office. He puts his Ph.D. to use on a daily basis figuring
out complex toxicological cases and testifying to the effects of drugs
and alcohol on the body. He was the lead toxicologist on the Anna
Nicole Smith autopsy and has appeared as a toxicology expert numerous
times on television.
Contact our office to consult on medicolegal death and injury causation. Dr. Cina's services, and CV, are available at his website - Autopsy Review. Dr. Scheuler can also be contacted through Dr. Cina's private practice or our office.
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Documenting Evidence and Spoliation
| Evidence is often thought of as physical and trace - such as property damage or DNA. Each piece of evidence should be packaged separately and
then properly labeled, sealed, and documented. These steps are crucial
for establishing the chain of custody. What is missing is documentation.
Documenting the evidence is as important as how it is collected and packaged. Documentation can be in the form of a log, diagram or photograph; or any combination. Digital imaging technology makes it easy to photograph evidence - and photography is the most accurate method and demonstrative form of documentation. Considerations may include if the evidence will be lost - such as an impounded vehicle that will be salvaged by the insurance company. Once the evidence is lost there is no going back to analyze it or verify its authenticity. Documentation may also serve as a demonstrative exhibit - particularly if it is impractical for the courtroom. This documentation, if done properly, also demonstrates the process from discovery through collection and even analysis.
As an example, fingerprints are common evidence in criminal cases. It should be carefully documented - and verified - that the fingerprint was found as reported, properly collected and submitted for comparison. If there is no documentation, particularly photographic, there is no means to verify this investigative procedure and chain of custody. This applies to criminal and civil cases.
The next component of documenting evidence is the Best Evidence Rule. Simplified, if the original exists it must be used, and if not a reasonable facsimile is admissible. Currently there are many forms of digital evidence - from emails and faxes, to audio recordings and photographs. Our agency maintains the original files, exactly as created, and as an archived backup. With our report we provide a CD or DVD of all documents and digital evidence, exact copies of our originals. In the instance of forensic photography, such as with a vehicle collision scene, we use GPS mapping and will embed that information into the file properties of a copied image - maintaining the original; both sets of files are provided with the case report.
Our investigative process includes full documentation of evidence. We also fully evaluate discovery and disclosures for appropriate documentation procedures. In November I will be returning to the Wyoming Coroner's Association annual conference to conduct a full-day seminar on photographic scene and evidence documentation.
Evidence spoliation - the withholding, hiding, alteration or destruction of evidence, either willfully or negligently. That has become a significant topic covering everything from surveillance videos to emails. Electronic discovery is one of the fastest growing concerns of evidence spoliation. Evidence may be destroyed due to protocol, unless proper notice is given for preservation. This includes 911 audio recordings and text message information - both having specified retention periods as it is impractical to keep any data indefinitely. Those bits and bytes add up and being proactive in immediately requesting this information, first with a Letter of Preservation, is a must.
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Professional Private Investigators Association of Colorado (PPIAC)
Annual Conference
| Just another friendly reminder about the annual conference of the PPIAC. This is the largest annual fundraiser events of the association. At this time there is pending approval for CLE credits to attorneys and paralegals, and this conference has approval for continuing education for Certified Legal Investigators from the National Association of Legal Investigators.
This year there has been a focus, and success, in defeating an anti-surveillance bill that would have severely impacted the work product of many private investigators and their clients. The PPIAC was originally founded to renew professional licensing, declared unconstitutional in the mid 1970s. This year we have a strong support base and one of the best opportunities.
In addition to PPIAC members, the conference is open to and welcomes non-member investigators, paralegals and attorneys.
This year the conference will be held from September 23rd to the 25th at the AmeriStar Hotel & Casino in beautiful Blackhawk, Colorado. Discounted registration is through 08/15/2010.
Eugene Ferraro, CPP,
CFE, PCI (Business Controls, Inc.) Current State of the Industry Fred
Joseph (Colorado Securities Commissioner) "Everything You Ever Wanted to Know About Security Regulation but Were Afraid to Ask"
Terry Cox, CLI (Lonewolf Group, Booneville, MS) and Steve Farese (Attorney) Abused Victim Defense/Mary Winkler
case Stacy Smallwood (Stacy Smallwood Investigations) Setting Up For a Surveillance. Deborah Sherman (9 News, Investigative Reporter) Working with Journalists: Getting Your Case Out There Fairly and Accurately
Michael Horwith (Electronic Legal) Computer Forensics Jeff Kass,
journalist and author of "Columbine: A True Crime Story, a victim, the killers
and the nation's search for answers" - 9:00 a.m.-10:30
a.m.-Eugene Ferraro, CPP,
CFE, PCI (Business Controls, Inc) How to Build and Sell a
Multi-Million Dollar Practice
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In the News
|  Some of the latest news of interest ...
National Association of Legal Investigators member, and editor of its 'The Legal Investigator' magazine, Rich Robertson, has made the news in Arizona with his investigative work into a homicide during an armored car robbery.
An Arizona Department of Corrections inmate, previously on
death row and subsequently sentenced to life, may get a new trial thanks to the persevering investigative efforts of NALI member Rich Robertson and his associate, Lew Ruggiero, both former reporters. Hired by Sharmila Roy, the attorney for inmate Timothy Ring, Rich and Lew brought into question the evidence presented at trial. Elements of the testimony called into question include the lack of blood splatter, a missing bullet, and gunshot residue evidence.
This is a very interesting story that goes to the heart the matter - conducting thorough fact finding investigations. < Read more here >
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Five Qualities of a Professional Investigator...
|  Skills Appropriate
for the Assignment
Law firms and medical offices
specialize - Professional Investigators also specialize. Their casework and continuing education
should also be in your specialized areas.
Experience and
Knowledge
Professional Investigators
strive to maintain and further these.
All professions have requirements of continuing education. The CLI program requires extensive compliance
with continuing education.
Responsible and
Ethical Conduct
Every component of the
investigation has evidentiary considerations.
Professional Investigators hold themselves to a higher standard and
leaves no question as to the admissibility of their evidence. Information without ethics is not evidence.
Effective
Communication
Professional Investigators
maintain communication with the attorney, client, witnesses, and other key
persons in the investigation. Moreover,
reports are the product of an organized investigation and should reflect the
work product you expect.
Keyword -
'Professional'
Honesty, Integrity &
Intelligence.
These define Professional
Investigators and gives you the confidence that your case is in competent and
skilled hands.
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Coming Next Month...
| Look for an update on a couple of projects that are in the works, including a replacement for our podcast.
The National Association of Medical Examiners will be voting on proposed autopsy protocol changes. I will highlight those that directly impact the civil and criminal investigative-legal communities.
There is also some consideration of having a guest article or two.
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In Closing...
|  The summer has been busy, and we will leave you with this parting quote from a prosecutor in a case that was overturned due to quality investigative work. In discussing why he took the case to trial:
This is a quote I heard from a prosecutor, after a wrongful conviction was overturned, on why he took it to trial - "I will not indict or charge anyone without a reasonable chance for conviction."
We'll let you ponder that. We find and report facts, on chances.
And don't forget ...
As part of the release of my book project, we are in the early stages of developing introductory webinars and full length seminars for continuing education. Continuing education is as important to the investigative profession as it is to the legal profession, but few associations or state licensing boards require it.
Contact our office if you have an interest in attending or sponsoring a seminar or speaking engagement for investigators, attorneys and paralegals.
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 Forensic Investigators of Colorado, LLC, specializes in the medicolegal consultation and investigation of cases involving traumatic injuries or death, as well as cases involving serious criminal charges.
We are Professional Reliable Investigators Defining Excellence, with PRIDE in every assignment.
Thank You. Please contact us with any questions or for additional information on these topics and our related services.
Sincerely,
Dean A. Beers, CLI (beersda@Forensic-Investigators.com)
Karen S. Beers, BSW (beersks@Forensic-Investigators.com)
Forensic Investigators of Colorado, LLC
Office: (970) 691-0813
Fax: (970) 372-4717
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