Be Their Voice - Thank You Paul Zamora
 
This month’s commentary is dedicated to our friend - friend to all - Paul Zamora. Paul passed away June 2nd after a long battle with cancer. We met Paul in late 2002 when he became a deputy coroner for Carbon County WY (in Rawlins) and Dean was in training as a deputy coroner in Larimer County CO. Together we learned – and taught each other – for the next nearly 20 years as close friends. Paul would become the elected Coroner about 16 years ago, and from 2010 to this year regularly invited us to several of his annual state coroner training conferences to present death investigation continuing education from a non-law enforcement perspective. Paul transitioned the Carbon County Coroner’s Office being run from a funeral home to a forensic facility serving the community and families at their most difficult time – dedicated in his honor on his last day in office – the Paul A. Zamora Coroner Building.


That same last week of April, Dean was there to give more training, delayed a year because of the 2020 restrictions. Until getting there, we did not know it was Paul’s last week – he waited to personally share the news of his retirement. We suspected this would be the last time to see Paul, and was one reason to make sure to honor his request to give training this year. It was a visit to mostly tell stories, share laughs, and be with a close friend for perhaps the last time.
 
We have always followed Voltaire’s code – “To the living we owe respect. To the dead we owe the truth.”
Today, we look to Paul and his simple challenge – “Be Their Voice”.
Thank You Paul – you are who we all strive be.
 
What is, “Be Their Voice”?
 
When a person cannot speak for themselves – because of their age, a debilitating injury, or their death – as Certified Forensic Death Investigators, we must Be Their Voice. When a person is charged with a crime – as Certified Criminal Defense Investigators, we must Be Their Voice. As Legal Investigators, we have no bias for or against any person – including the injured, deceased, and clients – we must Be Their Voice. The facts and evidence are our guide to Be Their Voice. There is no substitute for facts and evidence. Evidence does not lie. What does happen and how can they be heard? Evidence is not collected. Evidence is misinterpreted. Evidence is destroyed. Evidence is compelling. Evidence can be damning or exculpatory. Evidence by itself is just evidence. Evidence together tells a story, becomes a voice – and is as close to the truth without personally living it as forensic investigators will find.
 
We are approached by attorneys, investigators, families – even prosecutors and law enforcement – to review and analyze the evidence, then present our findings and opinion. Most often, we find the evidence is short of being complete. This may be as simple as not knowing what other evidence is available – such as scene or autopsy photographs; or special investigation reports – such as arson investigations. Other times the evidence was not collected, documented or pursued. We may review discovery and find multiple witnesses mentioned – and none interviewed. We may find multiple witnesses were interviewed – and no statements provided. We do not look for flaws and errors – we look for answers to questions. These may be very basic, such as Who, What, When, Why, Where and How; or more complex, such as specific to evidence collected or not collected, examined or not examined, etc. There is rarely a ‘smoking gun’ or ‘silver bullet’ – there is most often several factors which have developed into telling the story of what did or did not – more accurately what could and could not – happen.
 
This is how we can Be Their Voice – the evidence we see are the scrambled sentences and paragraphs of a story. Our review and analysis unscrambles those sentences and paragraphs, finds those which were excluded or forgotten, and places them together to Be Their Voice. Their voice, not ours. Their story, not ours. It is in the evidence, without bias or tunnel investigation. Paul taught this to his last day giving training to several coroners and deputy coroners in April - the importance of forensics in all investigations. We are forever thankful for all Paul taught and reminded us. From a friendly smile to forensics.
 
Thanks Paul. Our condolences to your family, all of your staff, and your community. Your love and laugh will always be with those you touched. Rest In Peace, we – all you have befriended and taught – will take it from here, and we will always Be Their Voice.
 
Paul was a US Army veteran medic, civilian paramedic, and volunteer wild-land and Rawlins firefighter. To learn more about Paul, and you should, visit https://bigfoot99.com/bigfoot99-news/former-coroner-paul-zamora-passes-away

Not only did we share a passion for the importance of death investigations, Dean and Paul also shared their birthdates just days apart, and a love for American and military histories.

Photographic Documentation
to Presentation Images
(Original, Scanned, b/w, Embedded, PDF and Converted)
 
From Final Jeopardy, October 31st 2018 – “Chocolate syrup, casaba melon & Playboy model Marli Renfro were enlisted to create an iconic scene in this film” – correct answer, What is the movie “Psycho”. What does this question have to do with photography and videography? By the end of this commentary, this question will be answered.
 
Every case a Professional Investigator is assigned will have some manner of photographs, videos, and audio recordings. Whether from interviews to surveillance, or crime scenes to security footage – these are important documentations of the event. They are not the only – or necessarily most important – manners of documentation. These may not be available in all cases – and should be. With two decades of digital recording technology, and over a decade in the palm of your hand – everything can and should be documented. These should be accompanied by records and reports which are relevant to and also narrate the event and recordings. By themselves, they are informative – but can be misleading or misinterpreted; just as records and reports without these recordings can also be misleading or misinterpreted.
 
So, what does the original Jeopardy answer and question have to do with this commentary? What the eyes see is not necessarily accurate. We know this just from Hollywood and special effects – and the CSI Effect. In “Psycho”, and in the then shocking shower scene in which Janet Leigh - actually Marli Renfro as her body double - is stabbed repeatedly in the shower by Anthony Perkins, and blood is running down the drain – Hollywood tricks. For those too young to have jumped ahead to this early Hollywood trickery – the move was in 1960 and black and white. Special effects were easy for black and white – such as using chocolate syrup as blood going down the drain. Although it’s a movie, black and white, and Hollywood – it reminds us how important it is to view all photographs and videos, and audio, in the full context of the event. This is also why original – or exact copies of originals – should be reviewed and analyzed – and not converted files which may lose their detail, and forensic attributes to verify authenticity. Of first importance is how the files are shared to retain all of the qualities and properties of the original.
 
Sharing digital media files is still best by physical media – flashdrive most often, due to the size of files, or by CD / DVD. Common, particularly since early 2020 events, are by clous – such as DropBox, OneDrive, and case management software, etc. On the note of case management software – it is important to confirm no changes are made to the files by the provider – such as compressing for space. Do not delete any files, images, or portions – the file must be an exact duplicate of the original. For this reason, images should not be sent via email or added to a PDF file (Adobe) or PowerPoint (PPT) for review and analysis – or testimony. Why? These all compress the original file, which removes resolution and detail. The more times these files are opened and closed, the more minute details and resolution are lost. To age ourselves – if you can remember when every time you photocopied a copy, then a copy of a copy, each progression was distorted – this is what happens with digital images. JPEGs are compressed images – they are the most common, and as long as the high-resolution original is copied exactly, the file should be okay (TIFF is one of the best, uncompressed). If a JPEG is placed in a PDF, PPT or other – details are lost. Email sending and receiving will compress files. These manners of sending are okay for cursory reviews, where detail is not important and the overall image context is. It is best to have the habit of using full digital copy and transfer.
 
Some time ago Dean testified and was presented an image projected to a large screen in a PPT – something now very common in courtroom testimony. The projection – not direct to a TV or monitor – lost detail (enlarging in any format often does). The projection was so close to the witness stand the image was pixelated to the human eye. The image was a series of stab wounds – sharp points, flat edges, and directions. When asked about the image, Dean first noted the image was difficult to note for the details the question required. The prosecutor inquired for specifics, and the defense attorney was allowed to offer suggestions – the first being to refer to the Dean’s report specifying the image. This was not only important to accurate testimony, it was more important for the jury to accurately see the details of interest in the testimony. Projecting to a screen is less common, and direct to a TV or monitor is – and is the same as doing so as part of the review and analysis process. This issue was the same 20 and 30 years ago with print images, then enlarged – and distorted. With today’s digital technology – ever advancing – these issues are going away.
 
What about being presented images in PDF or PPT to review and analyze? The same issues exist. Which requesting discovery and disclosure – an exact copy must be provided. In a post-conviction relief case, our agency was presented with the trial attorneys’ files – defense and prosecution (as used in trial). The images were PDF embedded into PPT – the worst scenario because PDFs are compressed and converted JPEGs, and PPTs further compress the image. If these images are extracted from a PDF or PPT to examine – more detail is lost. Thousands of pixels of resolution (about 70% per conversion) were lost. The images were of a physical assault. In the original trial there was testimony of a handprint visible on the skin surface – but all the exhibits at trial did not have this detail. The three witnesses who testified – one who took photographs, one who did a medical examination, and a responding officer, all testified they saw the handprint. They also testified there were other marks on other parts of the body showing other serious injuries. It took several weeks for the legal team to be provide exact copies of the original image files and examine them. In the originals the handprint was clearly seen. However, had there be expert testimony by the defense to those presented at trial – the detail was not there and did not reflect the other testimony. Also in the originals, the additional injury areas were examined and found to not be from an instrument, but were instead from the victim’s clothing leaving marks commonly seen. These details and findings were important, and did (in part) result in post-conviction relief being affirmed.
 
Some videos and images do not need the detail – if surveillance video is to only show activity, enlarging or zoom details may not be necessary. If images are to show general areas and information, details are not necessary. Our agency, and any involved in criminal or civil litigation of injuries, property damage, etc. do need details. It is the same as sending over blurry or out of focus images when focused details are needed. Higher resolution is important to enlarging – for analysis or print. The reason for copies of originals, in their original name and format, is not only for the details of the image, also for the details of the metadata – the EXIF data. This information tells if there were any alterations, any deleted images, etc. Renamed images are fine – if accompanied by the original images with original file names.
 
We hope this information helps you in your investigations and litigation support. Request all recordings – not just what a client or adverse party determines are important. Request them in their original format – file names and file types – not renamed, not converted, not embedded. Do not accept printed – or worse – photocopies of prints; and even worse – black and white photocopies of color images. Yes, we’ve had these. Finally, request all related records and reports for the recordings; and for all recordings request the related records and reports. Every details is based on context.

PS - what of the casaba melon in the movie? It was for the sound of stabbing. Facts and Forensics Factoids!

The Tri-Fecta of Training with Certifications for Criminal Defense Investigators
The role and dedication of Criminal Defense Investigators to the defense and our judicial system cannot be overstated – it is vital in the protection of individual Constitutional rights and our judicial system. We are glad to see 2020 gone, and still looking forward to the real 2021 making itself known in our lives. What 2020 did do was give Criminal Defense Investigators opportunities for training and certification not available before.
 
The Criminal Defense Investigation Training Council (CDITC – Brandon Perron, CCDI – National Director) has been around for over two decades providing training and certification to Criminal Defense Investigators in the private sector, state and federal public defenders, and military investigators. During this time the founders of the 2021 CFDI and BCFI programs have known and worked with Brandon and CDITC to provide Certified Criminal Defense Investigator training and advanced certificate course training. It was no accident, and yet purely coincidence, the CFDI and BCFI programs were developed from this experience and to enhance them. Through our own experience and dedication to professional investigations, advanced training and experience, and elevating the standards through specialized certifications, we have found the Tri-Fecta of Criminal Defense Investigation training and certifications to be the CCDI / CFSI from CDITC, the BCFI from FCTC, and our CFDI Program. Each component brings its own advanced requirements, experience, training, examination, certification, and continuing education. Together, and most important – they elevate the professional Criminal Defense Investigator and the importance of criminal defense investigation to the protection of Constitutional rights to the highest standards. These are all now within your ability to learn, train, and earn these credentials through specialized distance learning platforms and professional courses and curriculums.
 
There are two types of certifications and two types of training available to all professional investigators – those you attend and those you complete – they are not the same. There are also two types of certifications – those which test your existing knowledge, and those which provide the training and certification. For all certifications, to our knowledge, documented experience and Continuing Education (CE) is required to be accepted and maintain the credential. Until 2020, nearly all also required in-person education and certification examination (some remote exams were available). Let us look into these nuances – pros and cons.
 
First – we are not familiar with all certification programs. Some we know by others certified, and others we know from published information. The following are our opinion and based on our experience.
 
Certification is not the same as standards or ethics – a certification program may have standards and ethics, but standards and ethics do not make a certification. Ethics and Standards apply to all professional investigators, regardless of their experience and areas of investigation. Come certifications are state based (i.e. Texas Association of Licensed Investigators and Florida Association of Licensed Investigators have their programs specific to each state and association). Certification is a personal choice and professional standard. You should be a member of your state association and strive to be certified if available. There are few national association certifications. Some are based only on experience, and others based on an examination process requiring experience. The value of any certification, in any profession, comes from earning the credential and maintaining it as an individual professional standard in advanced investigative specialties.
 
Two Types of Training Opportunities: Attend and Complete
There are essentially two types of training opportunities, no matter how they are provided (in-person or remote) – they are attending and completing, and there is a difference. You will find the developers of this Tri-Fecta all agree and implemented requirements to attend and complete their programs before advancing to examination. What is the difference? Most training is by seminar blocks – 60 or 90 minutes here or there, no attendance or examination requirement. These are suitable for most continuing education, and advancing one’s knowledge and skills – we have attended hundreds of hours, and also developed and presented our own. These do serve the purposes of getting valuable condensed subject training and continuing education to professional investigators. They may individually be part of a training and certification program; however, on their own they are not a substitute. To be fully immersed in a training component and like any higher education, regardless of time from one hour to one day or even one week – there must be an attendance and completion requirement, and an examination process if applicable to test both the learned knowledge of the student and the presentation of knowledge in the program. Parameters in the in-person and distance learning platforms can be set to meet these parameters of attendance, completion, and examination.
 
Two Types of Certifications: Test and Certify Advanced Experience and Train, Test and Certify Advanced Experience
There are also two types of certification processes – those which test your experience, background, and training; and those which do the same – and have their own specific training program, as specialized certifications. There are benefits to both. For example, a certification which is by an examination process and without training tests the existing knowledge of the professional investigator. The process of studying can be very extensive and presents their own challenges, such as the Certified Legal Investigator (CLI) Program. The benefit to the programs with their own training component are advanced, usually specialized, certifications – these should also present a challenge to the professional investigator to learn, study, and pass the examination. When the professional investigator combines multiple specialized certification and training programs specific to their specialty – such as civil plaintiff, or as presented here – criminal defense – the benefits to themselves and their clients is elevated and unequaled. The cost is an investment and should be recouped in one case to which the new advanced training and certification applies. The client investment in the certified investigator, who will charge more for their advanced subject matter expertise, is the best for their legal strategy and defendant’s Constitutional right to an competent and effective defense of themselves and their rights.
 
About Third-Party Mass Education and Certification Platforms
There is actually a third training and certification process – these are third-party mass education platforms. These are provided by companies who offer online training to any individual and for hundreds of professions and specialties. There is no support, no continuing education, and no true recognition of the otherwise unknown certification. These can also be very expensive – we seen them cost $2,000 to $5,000. We strongly recommend your time and financial investment be in certification programs developed by recognized and experienced experts in their fields, and also through professional associations, and which have pre-requisites and continuing education requirements developed specifically for your advancement by their own recognized and experienced member experts.

Certified Legal Investigator (CLI) Program
The Certified Legal Investigator (CLI) by the National Association of Legal Investigators (NALI) is the oldest (1967) and considered the highest standard for civil plaintiff and criminal defense investigators. Dean has been a CLI since June 2009 (one of the ‘Nashville Five’) and has been on the CLI Committee since 2010. Colorado had no professional licensing, and long-time friend and CLI Ellis Armistead encouraged Dean to pursue this goal after returning to the private sector from the medical examiner offices in late 2008. It was, and remains, a rigorous process which truly tests the experience and knowledge of the candidate. The CLI Program is also one of the few which offers no training – it was developed to challenge and test, and also enhance, the professional investigator's background, training, and experience. The study materials are extensive and takes months of dedication, which is finalized in a comprehensive series of a peer-reviewed white paper, comprehensive written examination, practical scenario examination, and peer ethics review.

Why is it not in this Tri-Fecta - and is the first listed? Only because it is not a training with certification program – the extensive certification process tests existing experience and knowledge – the CLI is the leader of the professional investigator certification programs – and is why it is presented first.
Visit www.nali.com/certified-legal-investigators-program for details and to set your goals.

Certified Criminal Defense Investigator (CCDI) and Certified Forensic Science Investigator (CFSI)
It is no mistake you will find the Criminal Defense Investigation Training Council (CDITC) at the top of the list. It is the standard by which all Criminal Defense Investigators should set themselves and reach. It is also no mistake you will see CDITC National Director Brandon Perron – and the designation CCDI (Certified Criminal Defense Investigator) at the top of the list and found on this Tri-Fecta of Training and Certification for Criminal Defense Investigators Advisory Boards. With his brother, Brad Perron (Director – Certified Forensic Science Investigator Program – CFSI), they have set the standards for criminal defense investigations and certifications.
 
The CCDI Program is the credential standard for Criminal Defense Investigators – it is nationally recognized as such. It is earned by experience, training and examination with annual CE required. Experience and the attending and completion of the 16-hour CCDI Program is required, with a comprehensive final exam, following by annual CE requirements. “The CCDI program adheres to the philosophical and methodical dynamics of the Component Method of Criminal Defense Investigation.”
 
The CFSI Program is recommended for CCDIs to have a working knowledge of specific forensic sciences through its 8-hour program. The CFSI will be able to interpret and recognize the need for expert independent analysis, assist with the efforts of experts, and utilize their own advanced findings for the defense. “The expertise of the CFSI will enhance the capabilities of the defense team and increase the effectiveness of representation consistent with the demands of due process.”
-- For details of each program visit – www.cditctraining.com/trainingcertifications.html
 
Next the Board Certified Force Investigator (BCFI) and Certified Forensic Death Investigator (CFDI). These fully compliment and advance the CCDI program. It is interesting to note these programs were developed separate from each other, during the same 2020 time span, and without the knowledge of the other developers. It is no mistake, due to experience, dedication, and expertise, you will find some commonalities mixed in with the vast uniqueness of each program.

Board Certified Force Investigator (BCFI)
FCTC was founded by Dennis Root, CCDI, BCFI to give the professional investigator educational programs and resources designed to enhance their skills, abilities, and level of performance. It is a specialized certification program – on the use of force. As almost every criminal charge includes an act of force or violence, this is for every criminal defense investigator, and also the legal investigator in civil litigation. Developed from his years of experience, providing expert training and seminars, and providing advanced investigations and expert consultations, last year Dennis released his new book – Force Concepts – The Definitive Guide for Separating Self-Defense From Criminal Action – and this year integrated these components into the release BCFI Program. Force investigations training is not easily found for criminal defense investigators, unless they have transitioned from a career in law enforcement. This is also the first certification process in force investigations for private sector professional investigators. With the BCFI, the FCTC is dedicated to serving their credentialed members, and providing the tools and information to achieve personal and professional goals. This is before, during, and after completing the BCFI program. “From the law to humans performance, the force investigator must know what evidence is left behind by these life-changing events. They must recognize the impact fear has on human performance and how to investigate that fear. Force investigations demand the investigator understand time & distance considerations, real-world observational capabilities, video analysis and interpretation, and more.”
-- For details of this program visit – www.ForceConceptsTraining.com

Certified Forensic Death Investigator (CFDI)
This concept developed with our Equivocal Death Investigator course for PI Education (a great source for various professional investigator continuing education) in 2010. In 2012 we enhanced the program for our Investigative Courses website (www.InvestigativeCourses.com), and in 2020 made an additional information and presentation improvements in preparation as a pre-requisite for a training and certification program. We approached Brandon Perron and Brad Perron at CDITC to partner for accreditation through CDITC. Why did we do this? Two reasons – 1) the CDITC is the recognized criminal defense investigation training program and association – and they are recognized leaders; and 2) we are passionate about both criminal defense as a Constitutional right, and also knowing how important the subject matter of Death and Serious Bodily Injury (SBI) investigations are to criminal defense. Having trained and earned the CCDI and CFSI credentials, and also presented training for the CCDI Academy, we thought this was perfect. Starting in July 2020 we began development of the curriculum specific to the process of Death and Serious Bodily Injury (SBI) investigations in criminal defense. No components of this curriculum are available outside of the CFDI Program and CDITC.  It is the first of its kind specifically for Criminal Defense Investigations of Death and Serious Bodily Injury (SBI). The CFDI is first immersed in the concepts of Death and Serious Bodily Injury (SBI) investigations through the pre-requisite Equivocal Death / SBI Investigations for PIs Certificate Course, and then the process of review, analysis and independent investigation specific to criminal defense. It is encouraged for the CFDI to then apply their advanced skills, knowledge and experience to becoming a Subject Matter Expert (SME). “Once you have earned your CFDI, you will enhance any Criminal Defense Investigator skills, and all CDITC and other preeminent certifications and experiences to bring your Criminal Defense Investigations to a new level of advanced knowledge and skills for the most demanding Criminal Defense Investigations areas – involving Death and Serious Bodily Injury (SBI) incidents. You will also have unique access to collegial networking and continuing education.”
-- For details of this program visit – www.CertifiedForensicDeathInvestigator.com

Why This Tri-Fecta?
The area of criminal defense investigations is about a defendant’s Constitutional rights, an effective and vigorous defense, and uncovering the truth through facts and evidence. We are all familiar with a defendant’s Constitutional rights to an attorney, to remain silent, to a jury trial, and to confront their accusers. We also know they are innocent until proven guilty. Many do not realize the defendant also has a Constitutional right to an investigator and forensic experts. Together, we strongly feel the CDITC, FCTC, and CFDI training and certification programs bring these together – not just for the Criminal Defense Investigator, but also for the defense attorney – and most important, the defendant. Every criminal defense case needs a trained investigator who knows the investigation process and Constitutional rights of the defendant, as well as potential legal strategies and various rules of evidence, rules of procedure, and the involved privileges and doctrines of criminal defense. We also know most incidents resulting in serious criminal charges involve force and violence – fatal and non-fatal events. What better way to give back to our profession than developing, and endorsing, what has been proven to us and our clients as effective. We are honored to be part of this group of dedicated professionals and experts who also give back to our profession.
 
The certification is not actually about the certification. It is about the advanced training and continuing education, and to see fellow professional investigators so credentialed and knowing they have an advanced protocol to assist you when needed. Regardless of the certification program – find the ones right for you, your experience, and areas of specialty. Make sure it is developed by recognized experts in our profession, offered by an association or recognized experts, and requires examination of existing experience and knowledge, or includes required training, attendance, completion, and examination. All certification program should require CE to maintain the credential.
 
Program information and conversations of Dean and Karen Beers, Brandon and Brad Perron, and Dennis Root came together as the inspiration and information for this commentary. We extend our thanks for their personal and professional friendships, and support - and dedication to our profession.

About the Certified Forensic Death Investigator Program
www.CertifiedForensicDeathInvestigator.com

This program has been in development since the spring of 2020, and is the first to be exclusively for the Criminal Defense Investigator.* Developed by Associates in Forensic Investigations and partnered exclusively with the Criminal Defense Investigation Training Council (CDITC) - two powerful teams in their expertise, joining together of offer the CFDI Program for this specialized training in advanced criminal defense investigations.
*The CFDI Program is open to any qualified private investigator.
 
Death and Serious Bodily Injury (SBI) investigations are Catastrophic Events, and for the Criminal Defense Investigator is a forensic specialty. Associates in Forensic Investigations and CDITC are dedicated to furthering our profession by sharing our experiences and expertise. Our education and training never stops – the CFDI is intended to challenge, educate, and elevate you. There are three basic requirements: 1) Qualifications – all CCDIs and CLIs pre-qualify; 2) Complete and pass the basic Pre-Requisite Courses; and 3) Completing and passing this advanced Program. The CFDI Program and fee includes a webinar series, a reference guide of the presentations, and a book available only to CFDIs. Once completed an online exam, and a sample case study report each require passing.

Once you have earned your CFDI, you will enhance any Criminal Defense Investigator skills, and all CDITC and other preeminent certifications and experiences to bring your Criminal Defense Investigations to a new level of advanced knowledge and skills for the most demanding Criminal Defense Investigations areas – involving Death and Serious Bodily Injury (SBI) incidents. You will also have unique access to collegial networking and continuing education. The CE requirements include forensic death investigation and criminal defense investigation, and are available from several sources, and skills of the CFDI. These include submitting redacted case reports, fact and expert testimony specific to the CFDI, providing CFDI related lectures and seminars, being published with related articles, and attending related seminars, webinars and conferences. We will also be offering CE modules exclusively to CFDIs.
 
Like Criminal Defense Investigations, this program is a challenge and will take dedication to learn, study, complete and pass – and it will be rewarding! This includes being an active criminal defense investigator with general and criminal defense investigation specific experience. Although helpful, law enforcement experience and higher education do not count – experience for the CFDI program is what counts. Once completed, general and specific annual continuing education and experience is required. As important, this is not just a certification program or attaching CFDI to your signature line and CV – it is a professional enhancement program. We also offer support and networking. We want YOU to succeed! As long as you maintain your CFDI credential, you will have the following:

1. Our agency is exclusively available to you to offer guidance on your case. We will offer support guidance at no charge. If you or your client requires our expert consultation, we will discuss details at that time - and offer YOU a discount or referral fee more generous than the standard.
2. As a new program, we need CFDIs to support and network with each other. This includes a CFDI only listserv, listing on this website as a CFDI or CFDI-Expert with full contact information.
3. You will have the option to use, at no charge, the email @CertifiedForensicDeathInvestigator.com (not a standalone hosted email service, but an email forwarding service to your primary email account).
4. Once the CFDI has testified three times as an expert, the credential is upgraded to CFDI-Expert. Testimonial proof is required.

 
We are excited to see this year long goal come to you with the CFDI Program! We encourage you to take the challenge and enhance your Criminal Defense Investigation skills, experience, and knowledge. The realized benefits are your – and your clients as we strive to protect their Constitutional rights.

With appreciation, Dean and Karen Beers
www.CertifiedForensicDeathInvestigator.com

Dean A. Beers, CLI* and Karen S. Beers, BSW* (*CCDI, CFI-FTER, CFSI)
Associates in Forensic Investigations, LLC
A Rocky Mountain West Agency / National Consultations
(970) 480-7793 x1
beersda@DeathCaseReview.com

Expert Legal Investigators and Medicolegal Consultants
Personal Injury, Negligence & Death Civil, Criminal, Probate & Interpleader Litigation

Interpleader Insurance Investigations
The loss of a loved one, the grief and trauma, is only for the grieving to know and understand. We are passionate about helping families. Most often this is by looking into their loved one’s death and provided answers. At other times it is about another inflicted pain – the denial of insurance benefits, most often life insurance or medical coverage, but may also be related to accident double indemnity, dismemberment, or other catastrophic injury. This area of expertise is Interpleader Insurance Investigations, and requires specialized experience and knowledge the Cause and Manner of Death and Serious Bodily Injury.
 
Insurance claims may be denied, disputed, or otherwise delayed and the reasons are most often specific to the terms of the policy, limits, or exclusions. An ‘Interpleader’ case in the legal concept of a disputed claim and may be between the insurance company and beneficiary, or multiple beneficiaries having a claim. The claimant should immediately retain an attorney for their claim, who will then utilize the services of an Interpleader Insurance Investigator, such as our agency.
 
Denied claims involve the terms of the policy, and may be for intent or negligence by the insured, an act in violation of law (i.e. a crime – insurance does not cover for acts during the commission of a crime), determining the claimant is not a legal beneficiary, and other particulars.
 
Disputed claims are most often because there are multiple parties, or there is an assertion the wrong party(ies) were paid benefits.
 
Multiple Beneficiaries
These claims are most often not disputed by the insurance company, it is identifying the party(ies) entitled to the benefits. When this happens the insurance company may first have an adjuster investigate the claim, and if a dispute remains, may seek court remedy. Funds are placed in trust and/or with a court of jurisdiction, who then decides the party(ies) legally entitled to the claim – the beneficiaries.
 
The reasons for multiple claims and beneficiaries may involve hereditary – such as no will or other legal directive, multiple children, children of adoption or marriage, and children not formally adopted (i.e. long-term foster care). A will may also be contested for any of these reasons. The time of death, as well as circumstances of death, may be at issue.
 
Accidental Death or Serious Bodily Injury (SBI) vs. Non-Accidental
These claims are usually denied, disputed, or delayed by determination a policy exclusion. Common examples are exclusion to pay benefits in suicide, exclusion due to actions of the insured, or a double indemnity clause. These are often Accident vs. Non-Accident considerations.
 
One well known exclusion is if the decedent commits suicide, or the injury is a result of a suicide attempt, and the claim is for life insurance, accidental death and dismemberment, worker’s compensation, and other similar claims. A policy may have exclusions for a limited time – perhaps two years – or the duration of the policy. If the insured commits suicide, or is seriously injured or dismembered due to an act of a suicide attempt, the claim may be denied, delayed, or disputed.
 
Determining the actions of the insured – and if they were deliberate, premeditated, any consequence of negligent actions – or none of these – will determine if benefits are paid. This will begin with the insurance adjuster, and if contested by the claimant, may be appealed within the insurance company or private intermediary, and then to a court of jurisdiction. This process is defined by the policy and statute.
 
The actions by the insured may involve a motor vehicle collision and perhaps being non-compliant with medications for existing health issues, non-compliant with mental health issues, negligence in a hunting incident, failure to comply with work-place safety policies, etc. It is the investigation of the actions of the insured which will determine if their actions were negligent, intentional, or the claim is covered.
 
Double indemnity is coverage which doubles the benefit under certain conditions. The claim may not be denied, however, the additional benefit may. A common clause is Accident – if the event causing the death or serious bodily injury was determined to be no fault of the insured, and was an accident. This may be a hunting incident, workplace, or other event in which no intentional or negligent act of insured was the cause of the death or injury. The person(s) making these claims has the burden of proof, and will need to have clear evidence of the incident circumstances.
 
Denied and disputed claims have their specific legal processes and recourses. For Interpleader Insurance Investigations in all cases it is necessary to determine the circumstances of the incident, address any issues of intent or negligence vs. accident, and the entitled beneficiaries. The specifics of the case, and available remedy to the interpleader attorney, will direct the process. The process begins, like all equivocal or questioned death or SBI events the same – by reviewing the official records, reports, and photographs from the law enforcement and medical examiner agencies. The Interpleader Insurance Investigators’ findings will then assist with the claims appeal, addressing any reasons for denial or dispute, or perhaps delay, and if any additional independent investigation is needed.
 
The experience of the Interpleader Insurance Investigators is vitally important – as the financial future of an injured claimant, or death benefits claimant, are substantial. Our agency has extensive experience in equivocal deaths, including insurance claims – one such case taking 10 years for all claims to be heard and decided (in favor of the widow), and another immediately after reviewing our findings and also in favor of the widow.
 
Please see these two Case Studies:
www.DeathCaseReview.com/survivor-benefits-win
www.DeathCaseReview.com/life-insurance-win
 
How can our agency and experienced Medicolegal Death Investigation Experts help you and your clients?
Please visit www.InterpleaderInsuranceInvestigations.com for more information.

Private Investigators and Records Access Under Attack
In August and September members of the National Council of Investigation & Security Services (NCISS – www.nciss.org/join-nciss) were alerted to disturbing articles attacking private investigators and access to public records, for legal and ethical purposes in litigation – particularly state driving records. These are resurfaced from similar stories just before major state and national elections in 2016 and 2018.
 

Headline #1 - Arizona DMV Sells Drivers' Photos and SSNs to Private Investigators
Headline #2 - The Loophole the DMV Uses to Sell Your Data to Private Investigators
Headline #3 - California DMV Is Selling Drivers' Data to Private Investigators
(previously Vermont in 2019, and in both 2016 and 2019 California with similar headlines and sources)
 
The NCISS Legislative Committee has responded to this false and intentionally misleading statements, and is monitoring legislative and regulatory activity with state associations and in Congress and federal regulatory agencies.
 
These and past articles variously describe investigators as acting in nefarious manners. This is overwhelming false. Yes, every profession has its low percentage of bad actors. private investigators provide critical and essential services in civil, criminal, probate, domestic relations, and administrative law proceedings. This through work product, testimony of work product and even as expert witnesses. This type of work ranges from insurance fraud, identity theft cases, frauds and abuses on private parties to include elder fraud, missing persons, sex trafficking cases, and criminal defense that even involve death penalty mitigations and exonerations of the wrongfully accused. The following examples are key areas private investigators provide research and critical information and analysis which benefits to their clients – from the general public to businesses and government agencies – most often directly in the judicial process:

• A crime, wrongful act, or threat against the United States or any State or Territory of the United States;
• The identity, reputation, character, habits, conduct, business occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, or transactions of a person, group of persons, or organization;
• The credibility of witnesses or other persons;
• The whereabouts of missing persons;
• The determination of the owners of abandoned property;
• The causes and origin of, or responsibility for, libel, slander, a loss, an accident, damage, or an injury to a person or to real or personal property;
• The business of securing evidence to be used before an investigatory committee, board of award or arbitration, administrative body, or officer or in the preparation for or in a civil or criminal trial;
• The business of locating persons who have become delinquent in their lawful debts, when the private investigator locating the debtor is hired by an individual or collection agency;
• The location or recovery of lost or stolen property;
• The affiliation, connection, or relationship of any person, firm, or corporation with any organization, society, or association or with any official, representative, or member of an organization, society, or association;
• The conduct, honesty, efficiency, loyalty, or activities of employees, persons seeking employment, agents, contractors, or subcontractors; or
• The identity of persons suspected of crimes or misdemeanors.

 
Without the the private investigator, the judicial system would – the rights of plaintiffs and defendants – would stop.
The private investigator’s access and use of all information is screened by two required factors: 1) the requestor must be an authorized entity (i.e. private investigator, law enforcement, collection agency; and 2) a legitimate and approved purpose (i.e. litigation, employment background, judgment collection). These protected records are not readily available and all users and uses are vetted, audited and tracked.
 
Together with our clients, colleagues, state and national associations – including the Professional Private Investigators Association of Colorado (PPIAC – www.ppiac.org) and the National Council of Investigation & Security Services (NCISS – www.nciss.org/join-nciss), we will work together to assure professional private investigators meet the high standards expected and are able to provide the level of work-product clients expect and need.