Principles of Legal Investigation Dean A. Beers, CLI

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    Principles of Legal Investigation Dean A. Beers, CLI - Presentation Transcript

    1. Legal InvestigationThe Passionate Search for the Facts
      Dean A. Beers, CLI
      Forensic Investigators of Colorado, LLC
      (970) 691-0813 / (970) 372-4717 fax
      beersda@Forensic-Investigators.com
    2. What is‘The Passionate Search for the Facts’ ?
      As Legal Investigators, this is our only true function
      We are the finders of facts – extenuating, aggravating, mitigating, objective, and subjective.
      ANYTHING that supports or refutes any or all of the components of the alleged crime or civil action.
      Your passion for this profession will be reflected in your efforts and final report.
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    3. Our Responsibilities
      We have professional obligations to ourselves, the attorney, and our client – to be:
      Informed, become informed, and to inform
      Unbiased and open minded
      Conscientious of our fiduciary responsibility
      Honest and Ethical
      Unrelenting in our search for the facts
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    4. Our Goals
      Minimum
      Prove or disprove the civil allegation(s) did or did not occur (plaintiff or defense)
      Presenting a factual basis that multiple civil allegations are true or false (plaintiff or defense)
      This supports the ‘preponderance’ and also begins to define the parameters of comparative or contributory negligence
      Better position for settlement negotiations
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    5. Our Goals
      Minimum
      Prove criminal charge(s) did not occur.
      Presenting a factual basis that at least one of the criminal elements are false.
      One element disproven lends to ‘reasonable doubt’
      Better position for plea negotiations
      Better position for sentencing mitigation
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    6. Our Goals
      Most desired
      Prove or disprove the criminal elements could not occur
      Presenting a factual basis that all of the elements are false
      Proves absolute innocence
      Better chance of complete dismissal
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    7. Our Goals
      Most desired
      Prove or disprove the civil allegations could not occur (defense) or did occur (plaintiff)
      Presenting a factual basis that all of the allegations are false (defense) or true (plaintiff)
      Proves absolute innocence (defense) or responsibility (plaintiff)
      Better chance of complete dismissal (defense) or no comparative / contributing negligence (plaintiff)
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    8. Our Goals…BUT
      Most usually happens…
      Civil – comparative / contributing negligence and settlement
      Criminal – plea negotiation and mitigation
      We must be prepared, and prepare the attorney, for all possibilities in settlement and plea negotiations
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    9. What Does It Take?
      The key elements to successful investigation are:
      Sufficient Time
      Sufficient Funds
      Sufficient Resources
      All of these are usually limited and balancing them to create an advantage can be difficult.
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    10. What Does It Take? Time!
      You may have hours or months to prepare and conduct a full investigation, or only key components of the investigation.
      Additional staff may be necessary (adding funding and resources)
      Focus on the areas that will produce positive results in the time allotted
      Work the short-term, but plan for the long-term
      (things may change – work the present but plan for the future)
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    11. What Does It Take? Funds!
      Limited budgets are expected, especially to start.
      Hopefully your time is not also limited
      Make efficient use of time and resources based upon immediate and necessary goals
      Focus on the areas that will produce positive results with the funds allotted
      Maintain a list of potential tasks if additional funding is provided
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    12. What Does It Take? Resources!
      Resources come from a variety of places
      Our developed resources – including experience, skills, education, colleagues, associations, etc.
      Client’s relatives, friends, neighbors, colleagues.
      Developing professional and case specific resources can greatly make up for insufficient time and funding. Create, maintain, and share your resources.
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    13. What is the Role of theAttorney
      They are the presenters of fact.
      They develop the legal strategy that will put our facts before the trier of fact – judge and jury.
      They are our ‘boss’ but depend on our education, training, experience, and expertise to conduct a thorough fact-finding mission.
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    14. What is the Role of theLegal Investigator
      All follow five simple investigative steps:
      Prepare
      Inquire
      Analyze
      Document
      Report
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    15. Teamwork is Essential
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    16. Prepare
      Review all discovery and disclosures
      Review the elements of the charges / allegations
      Develop case specific investigative strategy
      Go to the scene(s)
      View the evidence, vehicle or property damage, and premises
      Have excerpts of reports, recordings, and photographs available for interviews
      Prepare questions for interviews
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    17. Prepare…Review all available Discovery and Disclosures
      Records (medical, civil, criminal, education, employment, etc.)
      Reports (law enforcement, investigating agencies – OSHA, NTSB, etc.), prior investigations, etc.
      Audio and video of recorded interviews
      Scene and incident diagrams and photographs
      Victim and witness written statements
      DO NOT leave any form of record unchecked!
      (Missing or conflicting information)
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    18. Prepare…Investigative Strategy
      Develop case specific investigative strategy
      All incidents are reported to or investigated (OSHA, NTSB, Risk Management, Road and Bridge, etc.)
      But not all reported incidents are investigated
      What: Evidence or witnesses are time-sensitive
      Who: Additional or expert information sources
      How: Find witnesses, reports, photographs, experts, etc.
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    19. Prepare…Go to the Scene
      When: As close to the same date and time as underlying incident (ASAP). The same season may be necessary (i.e. rafting and river conditions)
      Do this before interviewing witnesses to familiarize yourself with what they report
      DO NOT assume that all evidence has been documented and collected
      Compare the scene to the reports and discovery
      Consider revisiting the scene after interviewing witnesses to confirm their information
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    20. Prepare…Go to the Scene
      Do your own photographs, diagrams and measurements
      Your own documentation is the best documentation
      You may need to report or testify on your findings
      You may find contradicting information, such as: measurements, obstructions, clearances, undocumented evidence, etc.
      Your findings may be consistent with, or differ from, those previously reported – document this
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    21. Prepare…Go to the Scene
      Use the perspective of the victims, witnesses, and responding personnel
      Look for any inconsistencies or discrepancies
      Look for contradicting and supporting evidence
      Look for new evidence
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    22. Prepare…for Interviews
      What are your goals in the interview?
      Witness accounts and unreported information
      Secure a supporting or negative statement
      Determine if reports and discovery are accurate
      Clips, quotes, etc. prepared for interviews
      This may refresh their memory, enlighten them to how their information relates to the events, and show them that you are professional and prepared
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    23. Prepare…an Outline and Questions for Interviews
      Include your client, victims, witnesses, etc.
      It is not necessary (or recommended) that you have detailed prepared questions at the interview
      This will seem that you are reading a script and just going through the motions
      Have a ‘conversation’ and follow where it goes, maintaining control of the interview
      Refer to these notes or outlines as necessary and before concluding the interview
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    24. Prepare…View the Property Damage or Premises
      Do your own photographs, diagrams, and measurements
      Many ‘professionals’ guesstimate measurements and base diagrams from memory
      Look for what is reported and what is not
      Look for supporting information, mitigating information, damaging information, and inconsistencies to the reports and statements
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    25. Inquire
      Complete background investigations
      Contact victims and witnesses
      Expand your investigation
      Make recommendations and requests for additional information
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    26. Inquire…Backgrounds!
      Complete any background investigations and verify provided background information for all victims and witnesses
      This information may support or impeach
      Look for information that may affect what they report (i.e. desire attention, past perjury, related criminal history, etc.)
      Avoid surprises!
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    27. Inquire…Interviews
      Contact and personally interview all victims and witnesses and approved by the attorney.
      Use telephone interviews only as warranted
      Record all interviews and/or obtain a sworn statement
      Ask the Who, What, When, Where, Why and How
      Have diagrams or maps ready for each witness
      Ask each witness if there are any other persons to contact and for the contact information
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    28. Inquire…Expand Your Investigation
      Canvass the neighborhoods and businesses for witnesses, including security/surveillance cameras
      Obtain reports of weather, weather warnings, road conditions, history of incident area, etc.
      Confirm what is in the reports and what witnesses report
      Check the unusual – quiet neighbor, urgent care clinics, food banks, homeless shelters, delivery drivers, etc.
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    29. Inquire…Request More Info
      Make recommendations and requests for additional information (i.e. EMS logs, 911 calls, etc.)
      This information is often not included in discovery
      This information has details and other persons to contact, as well as may confirm or dispute reports
      This is not just a ‘selling’ point – it is an important investigative step to find all of the case facts
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    30. Analyze
      It is important to organize your investigation into assignments and stages:
      These might include immediate, interim, and long term assignments
      Evidence and discovery to review
      Incident scene to investigate and document
      Key witnesses to interview
      After completing each stage of assignments, analyze the case and progress to determine any new or different courses of action
      Continue this process until disposition or completion
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    31. Document
      Have evidence logs, photograph logs, diagram details, witness information, time lines, etc.
      Keep continuous case progressive information in a summary
      As the case nears possible settlement, disposition, negotiations, or trial – the attorney will want a concise summary of the case reports
      This will allow you to (almost) effortlessly present this information to the attorney
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    32. Report
      In each report detail specific assignment progress, as well as:
      The status of any ongoing, suspended, or changed assignments
      New findings, conflicting findings, supporting information, and damaging information
      Include the Who, What, When, Where, and How of each assignment and how they interconnect
      Agree with client on intervals of full (or supplemental) reports or interim case status reports (progress updates)
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    33. What does all this do?
      Legal Investigation, in both civil and criminal matters, is simply a progression from information and leads to the next assignment. It should flow naturally, but be flexible based upon the needs of the case, progress of the case, and developed information.
      We are fact finders – for better or for worse for our client. We have a duty to the attorney to present a complete picture so that they may better advocate for their client.
      Forensic Investigators of Colorado, LLC
      Personal Injury, Negligence & Death / Criminal Defense
      www.Forensic-Investigators.com (970) 691-0813
    34. Thank You!

    + Dean A. Beers, CLIDean A. Beers, CLI, 1 month ago

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