AFI-LLC May Newsletter Now Available
Quaero Indicium
'To Find the Evidence'Please distribute to others that may have an interest

Follow this link for the full newsletter - < Click Here >
Full archives from June 2010 at http://newsletters.forensic-investigators.com/

Highlights for May...
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

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
Karen S. Beers, BSW, CCDI
Forensic Investigators of Colorado, LLC
Office:  (970) 480-7793 (Dean x1 and Karen x2) ~ Fax:  (970) 480-7794

License Applications for PIs in Colorado Available!

While at Hit the Hill in DC, PPIAC President Robert Orozco gave a compelling and informative presentation on the history of licensing in Colorado and the current status.  Several have emailed or called me with a continued interest in the licensing program, so I thought I would share the following message from PPIAC VP of Legislative Affairs Ryan Johnston.

Please note that it can take 2-3 weeks for the Colorado Bureau of Investigation to process the fingerprint background check (details per the link below), and an additional 2-3 weeks for the Colorado Department of Regulatory Agencies to review, process and approve the applications - you can track your application progress online.  Once approved, you can see this information online and you will later be mailed your license for the effective date of 07/01.

Ours have been completed and approved!

Feel free to share this information with your colleagues and contact us if you have any questions. With kindest regards, Dean

PPIAC Board Chairman
NCISS Region 5A Director (CO, AZ, WY & NE)
-----
Dean A. Beers, CLI, CCDI
Board Certified Legal Investigator / Expert
Board Certified Criminal Defense Investigators
Certified Death Investigators / former Deputy Coroners

Associates in Forensic Investigations, LLC
www.Forensic-Investigators.com ~ beersda@Forensic-Investigators.com
(970) 480-7793 Office x1 and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

---------- Forwarded message ----------
From: <coloradopi@aol.com>
Subject: Colorado PI Licensing

Just in case you have not been following the Colorado Private Investigator license program, you should be aware that the applications for the license have been posted to the DORA web site (the link is below).

The information for the background check portion of this program had been posted at an earlier date and many investigators have already submitted their information to initiate these checks. With the license application now being posted, you have everything you need to apply for you Colorado PI license. The next key date is July 1st, when the first license will be issued.

If you have any questions about this program, you can send an email directly to DORA at PI@dora.state.co.us

The link to get your application or other information about the program can be found below.

http://www.dora.state.co.us/private-investigator/index.htm
Thanks to all investigators across the country who have shown an interest in this program and hopefully we have been able to keep you up to date and informed.

Ryan Johnston
VP of Legislative Affairs-PPIAC
Night Moves of Denver
Private Investigations
4210 Wadsworth Blvd # 1135
Wheat Ridge, CO 80034
Denver Area: 303-456-4779
Toll Free: 888-456-4779
Fax: 303-432-7954
E-Mail: Coloradopi@aol.com
www.nightmovesofdenver.com  
Member: PPIAC, NCISS & NAPPS

For Immediate Release

From:  Associates in Forensic Investigations, LLC
Book Review 'Forensic Interview - Forensic Testimonial Evidence Recovery (FTER) Method
Contact:  Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI

Associates in Forensic Investigations LLC is pleased to announce their review of 'Forensic Interview - FTER Method' by renowned criminal defense investigator, Brandon Perron, CCDI.

Brandon Perron's first book, 'Uncovering Reasonable Doubt:  The Component Method' has been used by public and private sector investigators since 1998 and is the foundation of all competent criminal defense training and investigations.  Brandon has taken this concept to a new level with his latest book and methodology.
Interviewing is one of the fundamental skills required of almost every public and private sector investigator.  This skill is relevant to all areas of investigations – from civil to workers compensation, and including law enforcement.  This book was written for all investigators – from the novice to the experienced. 

“Forensic Testimonial Evidence Recovery – The FTER Method” is described as the art and science of the interview.  There are three basic areas of the book – evidence and fundamental concepts, application of the concepts, and advanced techniques.  Brandon takes the investigator through the understanding of evidence, fact finding and recovery of evidence.  The FTER Method takes the evidentiary process further in defining testimonial evidence.

This book demonstrates the interview skills necessary, and how to apply those skills.  Leaders of the investigative profession may have different methodologies, but they all share the same purpose and fundamentals.  The reader is challenged to learn, adapt and apply the concepts – including with practical mini-tests throughout each chapter.

Forensic Testimonial Evidence Recovery is a strong concept, that when appropriately applied, is a powerful technique.  When applied consistently as part of an overall investigative methodology, it strengthens investigation and strategy.

It is important to pay close attention to the application of this FTER Method before continuing the book and learning process.  The basic interview techniques are necessary to conduct effective fact-finding and truth verification interviews.  The next level is for the experienced investigator in the stages of the advanced interviewing techniques.  The advanced skills include visual imagery, Kinesics techniques, and how the basic interview is further assessed and advanced using these techniques.

In 13 chapters and a summary, renowned and respected Brandon Perron, CCDI, takes the criminal defense investigator down a road that is not well traveled but should be.  He maps out the concepts of the FTER Method, demonstrating and imparting the art and science of the forensic interview and related testimonial evidence recovery. 

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.  With its predecessor, “Uncovering Reasonable Doubt:  The Component Method”, it 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.

Is the interview an art or science?  Brandon reminds us, but you will need to pick up the book for the answer.  I strongly suggest that this book be part of every investigator’s library.


This book is written by Brandon Perron, a Certified Criminal Defense Investigator (CCDI).  He operates Investigative Support Specialists, Inc. in Stuart FL and is founder of the Criminal Defense Investigation Training Council and the coveted Certified Criminal Defense Investigator professional designation.  He has over two decades in private criminal defense investigations, not including graduating the United States Air Force Security Police Academy and the United States Army Military Police Investigator School and as a Criminal Investigator with the United States Air Force, then as a Florida Public Defender Investigator.

=====

The full review can be found at:  Pursuit Magazine online at http://pursuitmag.com/review-forensic-testimonial-evidence-recovery-the-fter-method-by-brandon-perron/ and
http://www.forensic-investigators.com/1/post/2012/05/book-review-forensic-interview-forensic-testimonial-evidence-recovery-fter-method.html

Books may be purchased at:  http://astore.amazon.com/assoinforeinv-20/detail/0967061512
The author may be contacted at:  bperron@aol.com

This press release is available online at:
AFI-LLC http://archive.constantcontact.com/fs040/1103529694576/archive/1109904255360.html
http://www.prlog.org/11864125-book-review-forensic-interview-forensic-testimony-evidence-recovery-fter-method.html
http://www.free-press-release.com/news-book-review-forensic-interview-forensic-testimony-evidence-recovery-fter-method-1335925334.html

# # #

Since 1987 Associates in Forensic Investigations, LLC has provided Expert Consultations and Legal Investigations supporting discerning attorneys and law firms in the areas of Personal Injury, Negligence and Death, in Civil, Criminal and Probate litigation. We are trained and experienced certified medicolegal death investigators. 

"We speak for the deceased.  To them we owe the truth."  AFI-LLC intro video http://www.youtube.com/watch?v=OgsvtbSk8fg

Professional Investigations:  Associates in Forensic Investigations - Best of 2011!
In our continuing goal to give back to our profession, we have just published via ebook 'Professional Investigations: Associates in Forensic Investigations LLC Best of 2011' with articles through 2011:
-- Ethical Considerations for the Professional Investigator (always free)
-- A Comprehensive Investigative Protocol
-- Concepts of Comprehensive Background Investigations
-- Public Records – Thinking Outside the Box on Restricted or Redacted Court Records
-- Understanding and Working Cases of Traumatic Brain Injuries
-- Understanding Post-Traumatic Stress Disorder
-- Investigative Protocol for Civil Legal Investigations of Motor Vehicle Collisions
-- Understanding Suicide and its Prevention - Equivocal Death Investigations
-- Psychological Autopsy, Reviewing and Comprehending Autopsy Reports
-- Just Because it’s “Forensics” Doesn’t Mean it’s “Science.”
-- DNA Primer and Considerations for The Professional Investigator
-- Methods and Procedures for Requesting Change of Address and Boxholder Information from the United States Postal Service
-- Telephonics and Traplines

Plus some books, resources and training information that we have found useful.

It takes a great deal of time to put these things together. For this weekend ONLY it is completely FREE using this discount code - RE67Q (expires April 30, 2012). Through the month of May it will be discounted 25%, so get it this weekend!

These are also available to professional associations, at no charge, for publication - contact us for details.

Go to https://www.smashwords.com/books/view/155943

ATTACKS ON THE 4TH AMENDMENT

There is more news about 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).  Below is an original article from about a year ago.

When one truly ponders how our history and the evolution of our laws and governing bodies have progressed, one will recognize the fact that our freedoms have slowly been taken away from us.  However, there is usually a process that the governing bodies should abide by while stealing our rights.

In April and May so far this year (2011), three significant mouth dropping decisions have been handed down by a US Supreme Court, a US Court of Appeals 7th Circuit and an Indiana Supreme Court.

Let’s begin with the US Supreme Court (Kentucky v. King – 09-1272) – entering a home.  The summary of what occurred is that the police in Lexington, Kentucky followed a suspected drug dealer to an apartment.  (The officers were called to the apartment by an undercover officer who had just watched the setup cocaine deal with the suspect.) The officers smelled marijuana outside the apartment door; they then knocked on the door loudly while announcing their presence.  The officers claimed to have heard noises coming from the apartment and they believed that the noises were “consistent with the destruction of evidence”.  The officers then announced their intent to enter the apartment, kicked in the door, but did not find the suspected drug dealer.  The officers saw drugs in plain view during the initial protective sweep of the apartment and then found additional evidence during a subsequent search.  The charged defendant was denied his motion to suppress the evidence, by the Circuit Court holding that exigent circumstances, the need to prevent destruction of evidence justified the warrantless entry.  The Supreme Court of Kentucky then reversed stating the “exigent circumstances existed, but it nonetheless invalidated the search.  The exigent circumstances rule did not apply, the court held, because the police should have foreseen that their conduct would prompt the occupants to attempt to destroy evidence”.

The kicker in this case, is that the officers had the wrong apartment to begin with however; the original suspect was later found in another apartment and was arrested by using similar tactics.   The Supreme Court’s majority and dissenting opinions on this case, can be found at this link.

Although it was the loud knocking by the officers and the announcement of their intent to enter the apartment that prompted the occupants to attempt the destruction of evidence, the exigent circumstances rule was upheld by the US Supreme Court.

If officers are by law not to create the “exigent circumstances” in order to enter warrantless, then how does this rule apply?  The officers indeed created what they deemed “exigent circumstances” not only by their behavior outside of the apartment door but also by the set up drug deal in the first place.  One question being how it can be articulated based upon the officers’ training and experience, that “hearing shuffling noises” behind a closed door, is at a minimum articulating reasonable suspicion of destruction of evidence.  If they knew this drug buy was about to take place, then they could have posted an officer at the premises after the dealer returned to his apartment.  At that time they could have presented a search warrant affidavit to the on call judge, for execution, without risk of destruction of evidence or losing the suspect.

Now on to the US Court of Appeals 7th Circuit involving a case where a Phoenix, AZ detective attached a GPS system on a suspected drug dealer without a warrant to do so.  The suspect was followed across several state lines for approximately a two day time frame in 2008.  Of course the suspect was stopped and lo and behold drugs were found in his car, thus the suspect arrested and charged.  The suspect did enter a conditional guilty plea with the right to appeal, which he did.  The ruling handed down on April 28, 2011 by the three judge panel claimed searches of this type involving this particular case do not violate the Fourth Amendment.  In other words, forget obtaining a legitimate warrant, just sneak a GPS on a car and enjoy the ride.  If you are interested in seeing the details of the GPS case all 52 pages of (US v. Cuevas-Perez - 10-1473) may be found here.

Now on to the third and most disturbing rulings thus far by one of our governing bodies in the state of Indiana.  This case involves a domestic disturbance in 2007 involving a husband and wife.  Officers were called to a home where the husband was packing his car.  The husband was agitated and told the officer he wasn’t needed, and went back into his home and blocked the door.  The officer then entered the home and the husband shoved the officer up against the wall, then a second officer entered the home and used a stun gun on the husband.  At trial the jury was not instructed on the right of a citizen to reasonably resist unlawful entry into a citizen’s home, and the jury found the husband “guilty of battery on a police officer, resisting law enforcement, and disorderly conduct”.  The decision handed down, “We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.”  Interestingly the judge admits that this was an “unlawful police entry”.  If that doesn’t make you go huh and do some head shaking, I don’t know what will.  More reading on this case, (Barnes v. Indiana - 82S05-1007-CR-343) can be found at this link.

I did not realize that we have old amendments and modern amendments in place.  There must be a law in place that explains this interesting idea.  Let us not forget our 4th Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”  As far as I am aware, this is still referred to as the 4th Amendment to the United States Constitution, not the old 4th Amendment to the United States Constitution.

Some of you may be thinking, but I am not a drug dealer or an addict, we do not have any domestic issues, and I have nothing to hide.  That is not the issue here in all of the above scenarios; it’s the continued issue of taking away our rights whether you are a drug dealer or not, whether you abuse your spouse or not, the laws set a precedent for all of us, even those of us who abide by the laws in the first place.  Take a step back and a hard look at what is happening around us each and every day.  If our amendments were put in place to be followed by our law makers, then why aren’t they?

Karen S. Beers, BSW, CCDI
Legal Investigator
Associates in Forensic Investigations, LLC
beersks@Forensic-Investigators.com

 
Links in this article:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&navby=case&vol=000&invol=09-1272
http://law.justia.com/cases/federal/appellate-courts/ca7/10-1473/10-1473-2011-04-28-opinion-2011-04-28.html
http://indianacourts.us/blogs/caseclips/2011/05/20/barnes-v-state-2/

Karen S. Beers, BSW, CCDI, earned her Bachelor's in Social Work from Colorado State University (Magna Cum Laude).  She is also a Certified Criminal Defense Investigator (CCDI) and certified in Medicolegal Death Investigations.  Her background, education and experience with victim advocacy and counseling are valuable assets in working with families and victims of traumatic events.

As a death investigator Karen was involved in the investigations of all manners of deaths and incidents, training under three Forensic Pathologists.  From 2004-2006 she investigated and assisted with numerous death cases and scenes, and assisted with forensic autopsies.

Following graduation from Colorado State University was an extensive internship at a youth counseling and rehabilitation facility.  She is also a member of the Criminal Defense Investigations Training Council.  Karen has been professionally published with 'The Basics of an Autopsy Report' (PI Magazine, Dec 2011) and 'Understanding Suicide and its Prevention – Equivocal Death Investigations' (PursuitMag.com, Dec 2011), ‘False Confessions and Accusations’ (PursuitMag.com, Feb 2012).  With Dean she co-developed 'Death Investigation for Private Investigators', an online continuing education course for www.PIEducation.com.

Karen is a member of the Criminal Defense Investigation Training Council and the National Defender Investigator Association.  In addition, she has also been invited by, and joined, the National Association of Professional Women for membership.

They have two daughters, a granddaughter and identical twin grandsons.

Sheriff: Disciplined deputies put 'credibility in question'

Two El Paso County sheriff's deputies will be disciplined after what a judge called "stunningly sloppy police work" in the case of a slain 7-year-old girl whose body was left in a Monument crawl space.

An internal-affairs investigation faulted Deputy Ralph Losasso and Sgt. Robert Jaworski for their roles in a probe that culminated with the 2010 arrest of Hanif Sims, who is due to be sentenced Tuesday.

Read more: http://www.gazette.com/articles/deputies-137400-disciplined-sheriff.html#ixzz1t5C3LkTQ
http://www.gazette.com/articles/deputies-137400-disciplined-sheriff.html

This story underscores the importance of a complete investigation and not relying only on confessions.  In February I wrote an article for PursuitMag.com about false confessions:  False Confession and Accusations 02/24/2012 (Karen's third published article and second for www.PursuitMag.com!)

To most of us, false confessions and accusations seem completely unfathomable. The first couple of questions that come to mind are, “Why would anyone admit to a crime that he/she did not commit?” and “Why would anyone knowingly accuse a person of a crime he/she did not commit?”

This is an official notice of the National Council of Investigation & Security Services  representing the investigative and security professions for 36 years

NCISS Legislative Alert April 25, 2012  EEOC Issues New Federal Guidance on Use of Criminal Histories The Equal Employment Opportunity Commission (EEOC) today adopted revised guidance on the employer use of criminal histories.  It passed on a 4-1 vote, with one of two Republican commissioners opposing it.  

The EEOC is charged with enforcing the Civil Rights Act.  Courts have determined that some use of criminal background checks by employers can cause a disparate impact on protected classes of minorities.  This guidance updates previous work of the EEOC.  Although the EEOC is not permitted to issue a formal rule, this guidance is important because the EEOC can sue employers on behalf of employees, and the guidance can be used by private plaintiffs.

This issue is important for NCISS members because not only are we all employers, but many of us conduct criminal background checks for our clients. The NCISS Legislative Committee was already aware of this potential ruling and were proactive in having all of the Hit the Hill attendees bring this topic up to our Congressional representatives. Most, if not all legislative staff we communicated with did not support the EEOC proposed guidance. This new federal guidance will affect many employers and limit their use of background screening and there may be less incentive for information providers to maintain appropriate databases.

Employers are not banned from using background checks.  However, they must analyze whether they have a specific acceptable reason related to the nature of the job for requiring the checks.  The guidance has a lengthy discussion of how to do so and will be posted on the NCISS website and is available at the EEOC website.

Legislative Advocate Larry Sabbath and I have been working with a coalition of major employers and associations on this issue, including the US Chamber of Commerce, National Association of Background Screeners and Consumer Data Industry Association.  Earlier this year I provided commentary to the EEOC and Larry met with officials of the EEOC to explain how the information is used by our profession and realtedthe industry.  The coalition will be meeting next week with Larry to plan next steps.

The NCISS Legislative Committee is analyzing the guidance to determine exactly how it will affect our members and the profession. We will keep you apprised of our efforts and the results of our coalition participation.

Keeping the profession informed,
Jimmie Mesis, LPI
NCISS Legislative Chairman

7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927
T-(800) 445-8408  F-(410) 388-9746
jim@nciss.org

 (Permission granted to repost this message)

The National Council of Investigation and Security Services, Inc., is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

PUBLIC RECORDS – THINKING OUTSIDE THE BOX ON RESTRICTED OR REDACTED COURT RECORDS

As private investigators we often check court records in the course of backgrounds, assets, and skip tracing - and the court records are often redacted of certain identifying and contact information, if we are permitted to view this otherwise public record.  The other issue complicating our job is that certain files are being destroyed after a set number a years after the case is closed.  These include non-violent misdemeanors and other offenses considered minor.  Although it may differ by locale, in many jurisdictions these issues are further complicated by the myriad of statutes, department policies and judicial directives.

In my books and presentations detailing background and skip tracing methodologies, I have stressed the importance of not relying on only online databases - public and private - there are advantages to communicating in-person, via telephone and by mail.  There is also an importance to knowing how the same record, or information from the record, can be obtained from a different source.  Here is a recent experience that I hope serves as a guide - from the importance of our access to records, to the importance of having a variety of sources for records.

The case background was to locate a person to determine if they may have standing as a plaintiff in a lawsuit.  The subject had been estranged from her family since a divorce in 2001.  Standard database searches revealed only an old address, truncated social security number, correct date of birth, and two middle names (one was her maiden name).  The phone numbers were disconnected and the property she had owned was sold during the divorce proceedings, with all records going to the ex-husband.  The only public records were from an online court records search - three cases, the most recent 2005; there is often only very limited information in this online Registry of Actions[1] for public use.  First was a visit to the court house where it was determined that the files are destroyed after only four years.  A nice conversation with the clerk got me their official Registry of Actions - which included the address, phone number, driver's license number, date of birth, etc. (everything I actually wanted from viewing the file).  Next was a visit to the police department to get the full incident report, tow records, citation (including the backside - important for officer comments), driver license number, phone number, and different residential address, etc.  Following that was a drive-by of the house to spot the vehicle noted in the citation and a phone call to the attorney recommending they call the subject to set up an appointment.  Had this information not been current, and I expected it would not be, I had developed multiple useful leads enroute to the address for immediate follow-up - from who owned the property (same as in 2001) to the phone number (same as the property owner); the subject was not listed on any of the records.

The moral of the story is that none of the information was available via online databases (except a full social security number, which still produced nothing current).  We often forget about the court's Registry of Actions - including the clerks.  More important, clerks often do not think of redacting information from the Registry of Actions (the judicial directive in Colorado is to redact from the file for viewing and copies from the file).  When asking for copies of a record or report - ask for anything you can think of that would be available.  Do not limit yourself to the obvious, and if you are unsure - ask the clerk what is available.  Many of us forget about going to the source of the record - the traffic citation in this case.  In most jurisdictions, particularly known to be so in Colorado, police departments are not yet under any directive to redact information (except juvenile data and social security numbers.  There is more than one way to skin a cat.  It is important to also consider that some insurance companies do not cover the use of on-line records without a verifying hand-search.  This is for the same reason we should not consider only online records – the GIGO factor.  Garbage In Garbage Out.  Errors can create problems with searching and the results.  Intentional errors can be made by the applicant, or spelling errors of the applicant or clerk, as well as typos and unintentional errors by the clerk.

So, next time you are stumped - think outside of the box, make a phone call and ask all the right questions (without tipping off your end goal) and make a personal visit if possible.  I have had many informative conversations with various clerks and it’s nice to put a friendly face out there for next time.  That beginning clerk that is learning and irritating with their lack of knowledge may be the supervisor next month, year or 10 years.

Finally, keep in mind that it does not take long for our legal methodologies to come under attack.  Be tactful, courteous and responsive to those we deal with.  Don't give away your options if you are denied a record; as an example, don't say 'that's fine, I'll just go to the police department and get it'.  First, when confronted with a clerk who will not provide what you know is a public record, ask to get the refusal in writing along with the applicable cite that you can take back to your attorney (client, supervisor, etc).  Next, think about what your experiences have been.  In this situation you are pulled over, receive a citation and go to court.  What are the points of contact for this experience?  What paper work is filed and where?  Genealogists are well known for relying on scouring records - and the unusual - not just online databases, check with a genealogist for their experiences.

As a member of NCISS, and hopefully your state association, you have taken an important step in ensuring that you and your colleagues remain in business and our professions survive.  Unfortunately, we continue to see the attacks on our profession that, often indirect due to legislation, have unintended consequences.  With our profession comes great responsibility and ethics.  Part of this responsibility is to prevent abuse of our access to public records – what remains of our access – and project the pride and skills we possess through the image the public has of us.

[1] Registry of Actions may be different in your jurisdiction.  This is typically the synopsis of the case progress – a docket report.
----------
Dean A. Beers, CLI, CCDI is a Certified Legal Investigator and Certified Criminal Defense Investigator, and expert in criminal defense homicide and civil equivocal death investigations. He is certified in Medicolegal Death Investigations and is a POST certified instructor, and has served as a forensic autopsy assistant.  He has lectured extensively and authored multiple articles, peer-reviewed white papers, and provided expert testimony on Protocols of Private Investigation, and Forensic Investigation of Injury Pattern Analysis, as well as consulted as a subject matter expert in Equivocal Death Analysis, Injury Causation, Time of Death, Crime Scene Analysis, Investigative Protocol, Evidence Protocol, and Forensic Photography.

He authored Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases, released by CRC Press in February 2011, and previously Professional Investigations:  Individual Locates, Backgrounds and Assets & Liabilities. 

He founded his agency in 1987 and operates it with his wife Karen S. Beers, BSW, CCDI, with whom he co-developed Death Investigation for Private Investigators online continuing education for 14 states.

Mr. Beers is the Board Chairman of the Professional Private Investigators Association of Colorado, Region 6 CLI Representative of the National Association of Legal Investigators with a column ‘Forensic Focus’ in NALI's trade magazine ‘The Legal Investigator’, Region 5A Director of the National Council of Investigation and Security Services, Member and Forensic Investigations Advisor of the Criminal Defense Investigation Training Council, Membership Ambassador (North America - West) for the World Association of Detectives, Affiliate Consultant member of the National Association of Medical Examiners, International Association for Identification, and Mensa USA.  He is also an affiliate member of both the Florida Association of Licensed Investigators and Texas Association of Licensed Investigators.

He began his investigative career in 1987 and operates Associates in Forensic Investigations LLC, with his wife, Karen, also a CCDI and legal investigator certified in Medicolegal Death Investigations.  They have two daughters, a granddaughter and identical twin grandsons.

We have received a lot of emails, and seen several others on listserves, about this show and our opinion.  Its a mixed opinion - there was less discussion of 'Real CSI' and more criticism that was somewhat misplaced and misleading.  This same series did the same in reviewing the death investigation system nationwide - concentrating on a few negative things (and some skewed more negative) and less on the reality.  Being an expert consultant, I was interested and decided to watch.  If you are interested, here is a link to watch online:  http://www.pbs.org/wgbh/pages/frontline/real-csi/

The show referenced a recent study and report '2009 Forensic Sciences Report' - which I reviewed and wrote about for The Legal Investigator (official publication of the National Association of Legal Investigators) "Just Because Its Forensics" at http://www.bluetoad.com/publication/?i=60952 Winter 2011 issue (I reviewed the 2009 report a few months before that).  Colleague and fellow NALIan Kathleen Cunningham wrote "Attacking Forensics:  This is Real Life, Not CSI" at http://www.bluetoad.com/publication/?i=102512 Winter 2012 issue.  Kathleen is a Medical Investigator and Medical Legal Nurse Consultant; she worked for the renowned Gerry Spence - I'm sure he hires only the best for his clients, that is why they hired him.  She reviewed the concept of CSI and experts - and provides detailed information and a list of resources to search and research experts.

Education is non-stop, training is non-stop, experience is non-stop.  Within our agency, Karen and I have written extensively on death investigation protocols and importance of understanding the art and science of investigation and forensics.  First, to define 'forensics' is the application of any particular subject to the judicial system.  It is not necessarily science - Karen and I are investigators, not scientists or medical doctors.  We use science and medicine to enhance the art of investigation.  Forensics, like investigation and related skills, is art and science.

First, there is the realization by the FBI that they have learned that science is not 100% correct or infallible.  After several instances of being proven wrong, they no longer allow their personnel to testify as being 'with a 100% certainty' or 'infallible'.  Regardless of that testimony or opinion stated in another forum, it is simply not possible to assert such a claim.  The science may be infallible or 100% correct within the confines of the study, testing and available conclusions of that time.  In the future that may not be.  When there is human involvement, individual minds using individual education, training and experience, and biases - there is going to be a chance for human or other error.  Often the defense team cannot challenge such findings, it is time and cost prohibitive.  Prosecution does have almost unlimited resources -- they can send fingerprints, DNA and other physical evidence to the FBI or state labs for analysis, at no charge.  The defense cannot, and they have no private equivalent without the necessary funds.  I have worked many cases that had this problem.

It is often belief of science over art.  If a theory is proven scientifically, it is believed to be 100% valid.  However, the human factor is the art -- and problems arise when improperly trained, biased, or not independently -- art in the judicial system is interpreted just as art hanging on the wall..  That is essentially the difference - the concept may be science, the human factor is art.

This show discussed the necessity and, by some judges, a recommendation of having one professional organization certify experts.  That may be a few judges, but I know many that would disagree - as does case law.  There are associations specific to specialties and Scientific Working Groups (SWGs) of those working these specialties for improvement - it is in their collective best interests.  As an analogy, insurance companies use screeners to give approval or denial to treatment and fees -- do you want something similar for experts?

When an expert is declared, there is a jury instruction that is given (though maybe not heard or heeded) that goes something like this (from Commonwealth v. Montecalvo):
When a case involves a technical issue, a person with special training or experience in that technical field is permitted to give his or her opinion about that technical issue, in order to help you as the jury.
Merely because a witness has expressed an opinion, however, does not mean that you must accept that opinion. In the same way as with any other witness, it is up to you to decide whether to rely on it. You may accept it or reject it, and give it as much weight as you think it deserves. In making your assessment, you may consider the witness’s education and experience, the reasons given for the opinion, and all the other evidence in the case.

The voire dire leading to the admission of the expert can be arduous, and may be longer than the actual expert's testimony.  At testimony there are issues of medical certainty, scientific certainty, reasonable, reliable, probable, consistent -- all based on education, training and experience.  There is no scientific certainty to experience, that is the art.  Both defense and prosecution, or plaintiff and defense, have available to them experts that follow the same standards and certifications.  Again, if it is not time or cost prohibitive.  In one indigent case we were involved in, the defendant was denied new DNA testing for his criminal trial because the judge delayed a decision on cost (he could not deny the testing) until it was too late to have the tests done, and the amount he authorized was less than half of the discounted fees the lab and consultant offered.

Finally, it cannot be ignored the role of media.  Media created this show and for what intended purpose?  It was biased -- it provided no information or cases in which the same art and science were proven, either in guilt or innocence.  It did not validate or dispel CSI, it really did not discuss CSI (CSI being crime scene investigation).  It did concentrate on crime labs, personnel and processes.

In the end, we tend to believe what works in our favor and disbelieve what does not.  If a fingerprint proves innocence, it is science or if it proves guilt, it is art and vice-versa.  It is important to research the process and facilities, know the protocols and consult with independent subject matter experts.  As Judge Edwards stated in the closing of this Frontline show - "It is not pro prosecution or pro defense, it is pro justice."
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Dean A. Beers, CLI, CCDI is a Certified Legal Investigator and Certified Criminal Defense Investigator.  He is a published author and has lectured extensively and authored multiple articles, peer-reviewed white papers, including Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases, released by CRC Press in February 2011, and previously Professional Investigations:  Individual Locates, Backgrounds and Assets & Liabilities.

Mr. Beers a member and Forensic Investigations Advisor of the Criminal Defense Investigation Training Council.

He began his investigative career in 1987 and operates Associates in Forensic Investigations LLC, with his wife, Karen, also a CCDI.  They have two daughters, a granddaughter and identical twin grandsons.

"We speak for the deceased.  To them we owe the truth."  AFI-LLC intro video http://www.youtube.com/watch?v=OgsvtbSk8fg