The current status of licensing in Colorado (January 2014)
PPIAC Chairman's Message on PI Licensing




Members and Colleagues, 

 I hope everyone is enjoying a good start to 2014.  Its going to be a busy and exciting year at PPIAC.

 Today, Senate bill 14-133 was introduced.  I'd like to take a moment and make sure everybody understands the intent of the bill.  You can read the entire bill by following this link:  http://www.leg.state.co.us/clics/clics2014a/csl.nsf/fsbillcont/A77F6AC902F65D5987257C3000063671?Open&file=133_01.pdf

 First and foremost, the bill is an effort to bring every private investigator operating in Colorado under the oversight of the Department Of Regulatory Agencies (DORA).  There will be no "voluntary" component.  If you offer private investigative services (as defined in the bill), you will be required to do the following:  

1. Pass a background check to ensure that your personal history is consistent with being entrusted with (often times) very sensitive, personal information - not only that of your client but that of the subject of your investigation.  When I applied for my voluntary license, that cost me about $35 and I don't see that changing.   

2. Pass a "jurisprudence examination".  This exam will be a short test to make sure you understand the laws governing your profession in Colorado, from "How long does a license last?" to "Can I use tracking devices (GPS) on vehicles?".  The exam will be basic and broad in nature, and will require just a small amount of preparation on your part.  I'm sure PPIAC will be holding training sessions to help our members (and even non-members) prepare for the test.  

DORA will require that you maintain a small bond.  

This license law is specifically designed to make sure that anybody with a clean background that wants to enter or stay in the profession has the ability to do so.  There is no barrier to get a license, such as requiring a certain amount of hours or education.  

Chris Bray
PPIAC Board Chairman

Psychological Autopsies in Equivocal Death Investigations and Suicide Cases

We are honored to have been asked to contribute another article to PI Now for professional investigators.

A psychological autopsy is most often referenced in relation to an equivocal death investigation. In making clear the circumstances of death, it is important to develop this victimology. Part of the purpose is to determine if the elements of suicide exist or not.

Continued at http://www.pinow.com/articles/1772/psychological-autopsies-in-equivocal-deaths-and-suicide-cases

"We speak for the deceased.  To them we owe the truth."  AFI-LLC intro video http://www.youtube.com/watch?v=OgsvtbSk8fg
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Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Colorado Licensed Private Investigators Nos. PI-503 and PI-502
Board Certified Legal Investigator / Expert
Board Certified Criminal Defense Investigators
Certified in Medicolegal Death Investigators / former Deputy Coroners

Associates in Forensic Investigations, LLC
Expert Consultants and Legal Investigators
Personal Injury, Negligence & Death in Civil, Criminal and Probate Litigation

www.DeathCaseReview.com ~ beersda@DeathCaseReview.com
(970) 480-7793 Office (Dean x1 / Karen x2) and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

January 14, 2014 – For Immediate Release
Fort Collins, CO

Dean A. Beers, CLI, CCDI
Karen S. Beers, BSW, CCDI

Special Announcement:  A Survivors’ Guide to Understanding Death Investigations

Now Available from Amazon and Kindle

Associates in Forensic Investigations, LLC, is pleased to announce the release of “A Survivors’ Guide to Understanding Death Investigations” – a book developed to help those who have lost a loved one to understand the maze, complexities and protocols of official death investigations.

Special Announcement!
We often hear from families, attorneys, investigators and funeral homes representing families, looking for where to turn in understanding how the death of a loved one was (or should have been) investigated.  They seek closure through answers.

This “Survivors' Guide to Understanding Death Investigations” is a basic introduction, for the lay person, into the concepts of the official investigation of death, such as by a coroner or medical examiner office. It is our hope that understanding these concepts will help the process of healing and closure.

This guide is based upon extensive combined legal and death investigation experience.  Specific to death investigation, this included responding to scenes and completing thorough independent investigations, and assisting with the autopsy.  In addition, the most dreaded and responsible component of the process included the determination, location and notification of the decedent's next-of-kin.

This guide is intended to provide survivors some of the knowledge and insight to informatively and intelligently understand the concepts and protocols of death investigation, and the ability to ask the right questions.  We hope this guide serves that purpose.

For details, please visit www.UnderstandingDeathInvestigations.com 

This guide is also ideal for the coroner and medical examiner offices, funeral homes, attorneys, investigators, and insurance companies who find themselves assisting families during this most tragic time of emotional confusion and need.

Respectfully submitted, Associates in Forensic Investigations, LLC
Expert Consultants and Legal Investigators of Personal Injury, Negligence and Death in Civil, Criminal and Probate Deaths and Injury Causation.

Dean A. Beers, CLI, CCDI – Lic. #PI-503
Board Certified Legal Investigator
Board Certified Criminal Defense Investigator
Certified in Medicolegal Death Investigations
beersda@DeathCaseReview.com

Karen S. Beers, BSW, CCDI - #PI-502
Legal Investigator
Board Certified Criminal Defense Investigator
Certified in Medicolegal Death Investigations
beersks@DeathCaseReview.com

Death in Ohio – Suicide or Accident?

In Sandusky Ohio on March 02, 2012, 19 year-old Jacob Lamberios was reported dead due to a gunshot wound to the head.  The county elected coroner, John Wukie, was called and certified the death based on verbal reports from on scene sheriff deputies.  No scene response from the coroner or medicolegal death investigators.  It was ruled a suicide.  The evidence was later lost and the decedent buried.  No autopsy.


The death was certified by the coroner as “Reason for death: Suicide. Gunshot wound to head. Deceased shot self in head, may not have realized the gun was loaded.”

The press is calling this an 'Accidental Suicide'.  Like 'Suicide by Cop' - 'Accidental Suicide' is a non-existent manner of death and is purely an emotional conclusion.

You can follow the details of this story at http://www.sanduskyregister.com/limberios-shooting-saga

Our agency is not attempting to opine on if this death is 'Suicide' as ruled, or 'Accident' as determined by a grand jury following an investigation by the Ohio Attorney General; or ‘Homicide’.  Cases like this have such an impact on families and society, and such misunderstandings, that we thought it would be useful to share some professional insight into these types of cases.

First, based only on press reports, here is what is wrong:

-- No scene response, no autopsy and no toxicology.  The role and function of the coroner's office is to independently investigate deaths.  Not all deaths require or should be autopsied - this is one that should have been.

Would this change the ruling?  That question may not be answerable – it likely would not, and by some accounts would not; but it would answer questions of the family, and either support and/or refute the law enforcement investigation.  The most important function of the coroner's office is independently determine the cause and manner of death, to provide answers to the family.

-- A grand jury investigates for felony criminal charges, such as if this were a homicide.  They do not determine cause and manner of death.

A coroner's inquest serves that function.  In the event that it is determined to be a homicide, then it may be sent to a grand jury for consideration of criminal charges.  In addition, grand jury proceedings are secret - they provide no answers to the family.

Next, based only on press reports, here is what has been determined:

-- The decedent's parents sued, resulting in the AG investigation, because they did not want the legacy of their son to be suicide to their (then) two-year old granddaughter.

Death investigations cannot be based on emotions and desires of the family.  This does not conform to the death investigator’s creed of 'To the living we owe respect, to the dead we owe the truth.'

-- The decedent's parents were concerned, but not solely, about an insurance payout. 

Many life insurance policies have suicide clauses - from no payout to a payout only after a period of time from activating the policy (often two years).  In addition, it is common for life insurance policies to have a double indemnity clause for accidental deaths (payout of double the policy value), as well as other insurances (i.e. accident policies, firearms policies, etc.).  Finally, a death determined to be an 'Accident' may have civil remedies that 'Suicide' cannot.

Next, based only on press reports, these are the reported facts:
-- The decedent was not suicidal per his family.
-- The handgun was a .357 magnum revolver holding six rounds in the cylinder.
-- (from an independent source) the handgun had been fired five times, those spent shells removed, leaving the sixth live round in the cylinder.
-- (from an independent source) in testing by the AG’s office, the handgun would misfire three times of ten attempts.  This ‘misfire’ is not detailed.
-- Three other persons were present and reported to scene sheriff deputies that the decedent shot himself.
-- The witnesses reported the decedent shot himself in the right temple, scene sheriff deputies reported the left temple, the first post-exhumation autopsy reported a distant gunshot with no stippling (homicide), and the second post-exhumation autopsy report a contact gunshot with stippling (suicide).  In our experience, it is not unheard of for law enforcement or others not specifically training in injury causation to misidentify an entrance from an exit wound.

Next, let's define 'Accident' and 'Suicide' in death investigation:
-- Accident - Deaths other than natural, where there is no evidence of intent: an unintentional event or category of chain of events.
-- Suicide - Death as a purposeful action set in motion (explicit or implicit) to end one’s life.  Suicide is a ruling that is to the exclusion of all other Manners of Death and is presumptive to the decedent having not committed suicide.  This manner is not used as a fallback when the other manners are inconclusive.  For example, if not Accident or Homicide, it must be Suicide is an unfounded conclusion.

Specific to 'Suicide' - the investigation should not try determining the person’s “final thoughts” - only their final actions.  It is difficult to believe a person could be 'suicidal' and there need not be premeditation or history of suicidal ideations or attempts.  The coroner violates this important protocol - and possibly adds to confusion and familial emotional distress by stating, “...may not have realized the gun was loaded.”  Unless there is specific evidence to support this, it is inappropriate to add conjecture to a cause of death statement.

There are four elements to Suicide:
1. Intent to commit the act knowing that it may result in their death;
2. Knowledge of the instrument used and that it may cause death;
3. History of attempts, ideation or documentation of evidence supporting Suicide; and
4. Evidence of contributing factors to the act.

Finally, based only on press reports, each of the elements exist.  However, two private post-exhumation autopsies and review by independent forensic pathologists differ from the official findings.  If the gunshot wound were not consistent with being self-inflicted, elements one and four are removed.  That would leave 'Accident' or 'Homicide' as considerations.  In the complete absence of sufficient evidence or information, especially about intent, to assign another manner - 'Undetermined' may be ruled.

This example is exactly why we support trained medicolegal death investigation, appropriate protocols and scene response to such deaths.  It is why we are publishing our latest book, “A Survivors' Guide to Death Investigations” (www.UnderstandingDeathInvestigations.com).  It is also why we have developed our distance learning and continuing education “Death Investigation for Investigators” death investigation course (www.MedicolegalDeathInvestigations.com).  Neither of these are intended to enable a lay person to investigate deaths, but only to understand what protocols should and do exist, and what options exist in equivocal deaths.  It is why we do what we do at www.IsItSuicide.com.

*****

Associates in Forensic Investigations, LLC
Expert Consultants and Legal Investigators
Personal Injury, Negligence & Death in Civil, Criminal and Probate Litigation

Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Colorado Licensed Private Investigators Nos. PI-503 and PI-502
Board Certified Legal Investigator / Expert
Board Certified Criminal Defense Investigators
Certified Death Investigators / former Deputy Coroners

www.DeathCaseReview.com ~ beersda@DeathCaseReview.com
(970) 480-7793 Office (Dean x1 / Karen x2) and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

Keep informed - visit and 'Like' us on Facebook at www.Facebook.com/4N6Associates

Special Announcement:
Reviewing and Comprehending Autopsy Reports
for Private Investigators

Associates in Forensic Investigations, LLC is pleased to announce the availability of 'Reviewing and Comprehending Autopsy Reports'.

This is an award winning (2nd Place - NALI's 'The Legal Investigator' Publisher's Award) peer reviewed 20+ page white paper detailing the value of understanding the autopsy report and the information accompanying it as a valuable asset to all investigators.  This was originally Dean's Certified Legal Investigator examination white paper for the National Association of Legal Investigators (NALI).

Voltaire said “To the living we owe respect, but to the dead we owe only the truth.” This is the definitive task of the medicolegal death investigator and forensic pathologist. The course of the death investigation has multiple phases including: scene investigation, body assessment, medical records, and the forensic autopsy. This is finalized in three documents: the death certificate, the investigator’s report, and the autopsy report. In order to understand the importance of the autopsy report, and how to interpret it, you should understand how all the other factors influence the report and why you cannot rely on the autopsy report alone.

This is a must have reference for all investigators involved in death and injury causation.

Order now via PayPal and secure download to your email at http://www.reviewingautopsyreports.com

Those persons interested in death investigation and injury causation through distance learning, are encouraged to visit www.MedicolegalDeathInvestigations.com for more details - including how investigators can mitigate the course cost and earn higher fees.

Updated 03/23/2014
Here is a good article the reveals the unseen prejudices in our justice system.  Look for new commentary from us shortly, the link will also be shared here.  http://www.usatoday.com/story/opinion/2014/03/19/law-enforcement-clue-jury-criminal-column/6490641

Balancing the Scales of Justice

Indigent cases are difficult and they are taxpayer funded - resources and funding are very low.  On average, the investigator might get $35 per hour.  That may seem like a lot - but most expenses are not covered and this is contractual, self-employed.  So, 15% in self-employment taxes, federal and state income taxes (not withheld), licenses and insurance, and overhead - and a lot of billing is forgiven because it won't be compensated (it can take 10 hours to review discovery, that could be the whole budget.  Witnesses might not be interviewed, etc.

Yet, the prosecution - also taxpayer funded - has the resources and funding of law enforcement, training, experts, facilities, testing, and investigators - dozens of people.

Our agency has provided the only investigative support and expert consultations in several cases.  This while the prosecution seems shocked at the extravagant fees being paid (a very small fraction of any standard investigative or expert fees) - yet, they have their own unlimited resources that never come into question.  Furthermore, these expenses and resources do not need the approval of the court.

How could this be balanced?  Test a jurisdiction with this:
-- Budget for the defense and prosecution are the same;
-- Resources for the defense and prosecution are the same by equal access.
-- Defense should not be required to accept only the discovery from prosecution, but able to get evidence independently (records, reports and photographs, etc.) from the same sources as the prosecution.

When the prosecution begins telling how unfair it is, then further discussions can be made.