Quaero Indicium'To Find the Evidence' Please distribute to others that may have an interest
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Greetings!
Is there a serial killer in Colorado? As one guy is exonerated by DNA (and prosecutors manipulating the old DNA findings plus manipulating the jury equals wrongful conviction), another guy is charged after DNA conclusively points to him. As one (Robert Dewey) is released from prison, the other (Douglas Thames Jr.) is serving life for a previous murder in Fort Collins - if he is guilty of the murder in Palisades, could there be others? Fort Collins is our home town, and we are familiar with the homicide of Susan Doll, for which Thames is presently serving a life sentence. http://www.denverpost.com/breakingnews/ci_20513736/dna-evidence-clears-colorado-man-who-has-served
There have been many other interesting cases, many in Colorado and others from around the country. We continue to put these under 'In the News'. We also try to keep our blog and social networks updated - www.MedicolegalPI.com and www.facebook.com/4N6Associates. Please join us.
AGENCY NEWS AND UPDATES
Last month we announced a new video about AFI-LLC, and included a shortlink to the YouTube video. Unfortunately, YouTube prevents custom shortlinks. Please take a few minutes to learn about AFI-LLC from the short video at http://www.youtube.com/watch?v=OgsvtbSk8fg
** We have expanded PrivateInvestigations.org to include not only email and subdomains, but books and resources for investigations and business operations.
** We have just completed the compilation of our best articles through 2011. 'Private Investigations: Associates in Forensic Investigations LLC Best of 2011' at http://best2011.forensic-investigators.com** Dean just completed his review of 'Forensic Interviewing: The FTER Method' by Brandon Perron, CCDI at http://www.forensic-investigators.com/1/post/2012/05/book-review-forensic-interview-forensic-testimonial-evidence-recovery-fter-method.html
In This Issue
-- Karen's Corner: Developmentally Disabled and False Confessions -- Dean's Desk: Recording Telephone Conversations and Cell Phone Subpoenas Association News-- Colorado Voluntary PI Licenses - applications now available online -- National Association of Legal Investigators - summer conference information -- National Council of Investigation and Security Services (NCISS) - Legislative Alert on EEOC rules on pre-employment background checks and update on Hit the Hill -- World Association of Detectives - coming announcement on joint NCISS and WAD fall annual conference |
Karen's Corner:
Developmentally Disabled and False Confessions
(Karen S. Beers, BSW, CCDI) | False Confessions - Developmentally Disabled vs. Guilt
One of the challenges in criminal defense investigations is the false confession, and another is with defendants having diminished capacities - could they have knowingly committed the crime? Compounding this is a confession by a mentally challenged person - do they understand the crime, or even a confession. In February I wrote an article on false confessions, which was also published online at PursuitMag.com. The full article is at http://www.forensic-investigators.com/1/post/2012/02/false-confession-and-accusations.html
The latter issue is not entirely uncommon. Nearly three years after the developmentally disabled Sanchez, 21, was accused of breaking into the second-story bedroom of a Parker girl and molesting her, a district judge dismissed the charges against him.
Troubled from the start, the case finally collapsed under the weight of a lengthy psychological evaluation showing that Sanchez's overwhelming shyness and anxiety issues - not guilt - caused him to pen the confession that was the prosecution's last remaining evidence against him. Please read the full story here:
http://www.denverpost.com/breakingnews/ci_20329209/developmentally-disabled-man-freed-long-troubled-sex-assault
In another update, more issues regarding attacks on the 4th Amendment
The Georgia Supreme Court has been busy regarding search of cell phones incident to arrest (article - http://www.llrmi.com/articles/legal_update/2012_us_hawkins_ga.shtml) and ISPs (article - http://patctech.com/news/tech_2012_hatcher.shtml). About this time last year I wrote an article on this issue. This is available at http://www.forensic-investigators.com/1/post/2012/04/attacks-on-the-4th-amendment.html.
Our agency offers FREE consultations to any private sector investigator on how to begin a proper scene investigation. Associates@Forensic-Investigators.com or (970) 480-7793
The puzzle will return next month. Current puzzles are at http://puzzles.forensic-investigators.com. Email your puzzle and article ideas to beersks@Forensic-Investigators.com
About Karen:
 | Karen S. Beers
BSW, CCDI
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Karen has been a Legal Investigator and Administrative Assistant, since 1996. She recently earned the designation Certified Criminal Defense Investigator (CCDI). Together they operate Forensic Investigators of Colorado, LLC. In addition to her skilled interactions with troubled youths, she trained and worked as a Deputy Coroner at the Larimer County Medical Examiner's Office. This background provides essential skills and knowledge in their Personal Injury, Negligence and Death investigations and consultations in Colorado and nationally. |
Dean's Desk
Recording Conversations and Cell Phone Subpoenas
(Dean A. Beers, CLI, CCDI) | We are frequently asked about the laws of recording telephone conversations.
First, there are laws and then there are ethics - particularly when investigators are the attorney's agents. The two may not agree. Second, the question should be looked at as concerning any conversations - telephonic, in-person, etc. In April 2011 I testified as an expert for a case in Archuleta County, CO regarding investigative practices and protocol, and particularly to this subject.
Recently on a defense attorney listserv there was some discussion about recording telephone conversations, and some of the attorneys have it a bit wrong - primarily because they were not accounting for the ethical considerations (which vary by state, but the American Bar Association is clear - which Colorado follows in this instance).
Specifically, "... attorneys may not electronically record a conversation with another party without first informing that party that the conversation is being recorded." This includes any agents for the attorney - from legal assistants and paralegals to investigators. For all civil cases there must be consent of all parties and for criminal cases there are two exceptions:
1. Criminal defense cases in which exculpatory evidence is expected to be obtained and which may not otherwise be obtained; and
2. The attorney's private conversations (and their agents).
Federal law is one-party and Colorado is a one-party state, but if the call is interstate that state law will also apply. A handy link to determine this is at http://www.aapsonline.org/judicial/telephone.htm
Another question we are frequently asked is how to determine the contact information for subpoenas to ISP and cell phone providers.
There are two different forms of records maintained by the cell phone companies -- proprietary, such as cell phone tower hits; and customer, such as call logs. The former requires a court order and the latter requires a subpoena or court order. The legal department contact info for ISPs and cell phone providers is at http://www.search.org/programs/hightech/isp/
On a similar note, the Georgia Supreme Court has upheld that law enforcement can search cell phones, incident to arrest, without a search warrant. http://www.llrmi.com/articles/legal_update/2012_us_hawkins_ga.shtml
One of the benefits of a blog, as well as social networking, is updating these types of dynamic lists. You can visit our blog at www.MedicolegalPI.com and recently I have put the specific list at http://www.forensic-investigators.com/1/post/2012/04/training-and-education-information.html (this link will change each month as updated). Feel free to send me your experiences. Although we may not specifically endorse a product or program, we will verify all information before sharing it with our colleagues.
 | Dean A. Beers
CLI, CCDI |
About Dean:
Dean is a subject matter expert in the areas of death investigation and personal injury causation. He is the only Board Certified Legal Investigator (CLI) in northern Colorado, a faculty consultant and Certified Criminal Defense Investigator (CCDI) and is also a certified Medicolegal Death Investigator. He continues to speak extensively on investigative techniques and principles and has authored multiple peer-reviewed white papers, and self-published "Professional
Investigations: Individual Locates, Backgrounds and Assets & Liabilities" and recently published "Practical Methods for Legal Investigations" (CRC Press) He currently consults nationwide as an expert in criminal defense homicide and civil equivocal death investigations. |
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Our Expert Forensic Affiliations
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 | | Forensic Pathology Consultations |
We believe that medicolegal investigation and consultation is a team effort. Stephen Cina MD, Harold Schueler PhD, and our agency are affiliated as experts in our respective fields offering our clients comprehensive medicolegal services.
Contact our office to consult on medicolegal death and injury causation. Dr. Cina's CV (Forensic Pathology services), are available at his website - Autopsy Review. Dr. Schueler (Forensic Toxicology services).
Dr. Cina is also the co-author of the non-fiction historical look at "When Doctors Kill" available at http://whendoctorskill.forensic-investigators.com
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Agency News and Updates
| PrivateInvestigations.org expanded to include emails, subdomains, books and resources We have expanded PrivateInvestigations.org to include not only email and subdomains, but books and resources for investigations and business operations.
'Private Investigations: Associates in Forensic Investigations LLC Best of 2011'
We have just completed the compilation of the best articles of AFI-LLC through 2011. This includes topics from investigative methodologies, resources and tips, to ethics and protocols. There are 14 articles. This is available by download from http://best2011.forensic-investigators.com. For the month of May this code will save 25% - GH72F. You can also save 25% on a companion eBook 'Professional Investigations: Individual Locates, Backgrounds and Assets & Liabilities' at http://locatebook.forensic-investigators.com with this code - MT92E.
'Forensic Interviewing: The FTER Method' by Brandon Perron, CCDI
Dean just completed his review of this must have book for every investigator's library! The full review is at http://www.forensic-investigators.com/1/post/2012/05/book-review-forensic-interview-forensic-testimonial-evidence-recovery-fter-method.html
To no surprise, Brandon bridges the art and science in a clear and concise methodology and plan of action. He packs a lot of punch in this book in the fight to assure every defendant is able to exercise their Constitutional right to an adequate defense. As a stand-alone book, the FTER Method is excellent. This book is a powerful testament to the skills and necessity of a criminal defense investigator and how they can and will succeed in the most important role of our adversarial judicial system.
Dean speaking again at the Texas Association of Licensed Investigators
Dean spoke last year at the TALI conference, an association which he is a member, and was asked to return for an expanded time-frame and topic. In addition, he will also be teaching a required continuing education module for the Texas Certified Investigator program. Being asked to return is an honor, and being an instructor for the TCIs is a particular honor.
This conference, TALIs International Conference of Investigative Associations, is going to be another Texas-sized experience. Visit http://www.icia2012.net/ for details and hope to see you there!
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Association and Industry News
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NALI is the premiere national association for legal investigators - civil plaintiff and criminal defense. NALI also publishes a very informative association magazine - The Legal Investigator. Consider joining NALI, you will be glad you did!
The summer conference details set - Chicago June 7-9!
National Council of Investigation and Security Services (www.NCISS.org)'Hit the Hill', the annual trip to Washington DC, was a huge success! It was Dean's first trip to DC for this event and was an exciting learning experience. Dean also spent a total of nine years around DC over three different Navy brat moves. For Dean it was exciting to see the history and things he did not see before - from the original founding documents to the newest memorial - including the Korean War and WWII memorials, and at last the Jefferson Memorial. Legislative Alert! The Equal Employment Opportunity Commission has issued new rules regarding the use of criminal background checks for employment purposes. We have put this update on our blog at http://www.forensic-investigators.com/1/post/2012/04/eeoc-issues-new-federal-guidance-on-use-of-criminal-histories.htmlIf you are a private investigator or security officer, consider joining NCISS. The introductory membership is $99 for the first year and prorated upon the following year at renewal; regular annual dues are $140); the $25 application fee is waived. Feel free to contact Dean, Region 5A Director (CO, NE, WY & AZ - he can answer all of your questions). < Membership Special Offer Details > World Association of Detectives (www.WAD.net)
The mid-term conference for WAD is in Cannes, France at the time of this newsletter release. WAD and NCISS are planning a joint conference and annual meeting in Boston this September. Please watch next month's newsletter for details.
WAD has international geographical coverage of a diversified group of investigators and security professionals. If you are in any way involved in or interested in being involved in international investigations and contacts, WAD is the oldest and largest association. Contact Dean (beersda@Forensoc-Investigators.com), WAD Ambassador (North America - West) for details. Other Association News (if your association has news, please send it to us for inclusion consideration). There is still time to attend the 2012 Association One conference to be hosted by (ADSAI) Associated Detectives and Security Agencies of Illinois on May 9th, 10th and 11th at the William Tell Holiday Inn in Countryside, IL. For more information go to www.associationsone.net
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In the News
|  News happens so fast, please visit our agency blog for daily and weekly posts on news of interest - www.MedicolegalPI.com or our business Facebook page at www.facebook.com/4N6Associates
Thomas Shamshak, CCDI, Program Director of Boston University's Private Investigator Certificate Program
Friend and colleague, Tom Shamshak, has teamed with PINow.com to publish the first of a two part article on records research. There are three core competencies of private investigation: records research, interviews, and surveillance. Not every investigation is going to involve surveillance, and not every investigation is going to involve interviewing, but every investigation will have some form of records research. In fact, some investigations are just research. < click for more information >
Ellis Armistead, CLI and Terry Cox, CLI on American P.I.
PPIAC, NALI and NCISS member Ellis Armistead, CLI, President of Heartland Investigative Group, joins Terry Cox, CLI, current National Director of the National Association of Legal Investigators on the American P.I. podcast hosted by Paul Jaeb. Terry and Ellis gained their expertise in cases that were sensational in their time.
Ellis has been involved in many high-profile cases, including his handling of the federal appeal of Timothy McVeigh For those that attended the 2009 NALI conference or the 2010 PPIAC conference you will remember Terry Cox and his handling of the Mary Winkler preacher's wife murder trial in Tennessee. They discuss the details about each case, how each got involved, what attracts a media frenzy, how press scrutiny can affect the investigator's personal life, and learn how to balance the work without losing your core clients. < click here for the podcast >
Do you have a book to be reviewed or special announcement? Let us know!
If you want to send a complimentary copy, we will gladly review it for you and also provide you a complimentary eBook of your choice. Contact our office for details.
Scott Harrell's complete review for Pursuit Magazine
Burt Hodge's complete review for Florida Association of Licensed InvestigatorsBob Wall's complete review for Professional Private Investigators Association of CO Don Johnson's complete review for PI Magazine Jennifer Brown, CLI, JD, is the Editor for the quarterly newsletter of the Professional Private Investigators Association of Colorado, writes "Awesome book, Dean. Should be required reading for investigators. It's helped me clean up some of my procedures." |
| The Quint-Essential 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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In Closing...the Colorado Delegation to DC for NCISS
| I want to extend my appreciation to all of NCISS for a great experience. I also want to thank the Colorado Delegation:
Bob Heales, NCISS 2nd VP, WAD Executive Director and PPIAC past president
Andrea Orozco, NCISS member (and new WAD member) and past PPIAC VP of Training
Robert Orozco, NCISS member and PPIAC president
Gene Ferraro, NCISS Chairman and PPIAC Senior Board Member at Large
While there, I had the opportunity to again visit Arlington National Cemetery and The Tomb of The Unknowns. Here is a video of the Changing of the Guard, a moving experience: http://www.youtube.com/watch?v=sQM65pyhITM&feature=g-upl
Also, in going to our appointments with senators and representatives, we witnessed history - or the end of a historical era - as the Space Shuttle Enterprise was flown over Washington, DC four times before being taken to the Smithsonian Institution hangar. Here is composite of four videos I took of that once-in-a-lifetime experience:
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Associates in Forensic Investigations, LLC
 | | Dean and Karen Beers |
specializes in the Expert Consultations and Legal Investigations of Personal Injuries, Negligence and Death in Civil, Criminal and Probate litigation.
We can consult on any death or injury causation case from any location with the conveniences of modern technology. Call us today, we're glad to help!
We are the PRIDE of Associates in Forensic Investigations, LLC - Professional Reliable Investigators Defining Excellence 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, CCDI (beersda@Forensic-Investigators.com)
Karen S. Beers, BSW, CCDI (beersks@Forensic-Investigators.com)
Forensic Investigators of Colorado, LLC
Office: (970) 480-7793 (Dean x1 and Karen x2) ~ Fax: (970) 480-7794 |
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Newsletter and Press Release Archives from July 2010
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Featured Articles
Dean and Karen have several articles published, some are available for reprint.
For details email:
Associates@Forensic-Investigators.com
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Find Us at:
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Dean is at:
Karen is at:
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Professional Associations
Professional Private Investigators Association of Colorado (PPIAC)
National Association of Legal Investigators (NALI)
National Council of Investigation and Security Services (NCISS)
World Association of Detectives (WAD) Criminal Defense Investigation Council (CDITC) National Defender Investigator Association (NDIA) Florida Association of Licensed Investigators (FALI) Texas Association of Licensed Investigators (TALI) National Association of Medical Examiners (NAME) International Association for Identification (IAI) and (RMDIAI) (Rocky Mountain Division)National Association of Professional Women Mensa USA |
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