Associates in Forensic Investigations - Death Experts
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Join us on Coroner Talk!

9/22/2014

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Join us on Coroner Talk!
We were pleased to be invited guests for a full hour of Coroner Talk! Darren was a great host and we covered a lot of territory in a short time. The areas we focused on were 1) working with official agencies; 2) obtaining the necessary records, reports and photographs; 3) helping families with understanding the process, how to find the answers, why come questions can't be answered, and finding a path towards closure; and 4) the importance of education, training and experience.

Here is the link - http://coronertalk.com/ct9

Thanks Darren! We will be having Darren as a guest on Facts & Forensics for GIMG.tv soon.

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Elevating Investigations Using Daubert and Frye Standards

9/22/2014

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Elevating Investigations Using Daubert and Frye Standards
by Dean A. Beers, CLI, CCDI

The Legal Investigator - official magazine of The National Association of Legal Investigators - is available online

The Legal Investigator - official magazine of The National Association of Legal Investigators - is available online at http://www.bluetoad.com/publication?i=223758

As an alternating regular contributor, this issue has Dean's article 'Elevating Investigations using Daubert and Frye Standards' is included.  BUT - this is probably one of the BEST issues to date.  110% of the articles are top-notch!

Case law has defined a subject matter expert as, “…person with direct knowledge of what is done in the job, what knowledge, skills, abilities and other characteristics (KSAOs) are required, and the general background of persons who are able to do the job successfully. These may include those currently doing the job, recent incumbents, those who supervise others doing the job, and other acknowledged job experts.”  Without being a subject matter expert, you can conduct your investigations with this concept in mind, as well as prepare reports in such a manner.  One manner of doing so is by adapting the concepts of Daubert / Frye for experts to non-expert investigators to be better prepared in both investigative principles and testimony."

In a 2012 ‘The Legal Investigator’ I shared some ideas in an article, When Legal Investigators Become Consultants and Experts.  “NALI is comprised of professional legal investigators that generally practice in the areas of civil and criminal investigations, with skills and knowledge in a variety of specialized areas and from many backgrounds.  There are also the foundation of the investigative consultant – possessing a combination of education, training, skills and experience that sets one apart from the group in a specific investigative concentration.  You have met those that have used their consultations to present a founded and provable opinion to their client; a subject matter expert (SME, often pronounced ‘SMEE’).”

< Read the full article here >


If you are a legal investigator - working cases for civil plaintiff or criminal defense, you should seriously consider joining the National Association of Legal Investigators. This is a group of seriously knowledgeable investigators, great networking and conferences. You should join your state association -- and a national association that includes your areas of specialty, NALI is for us. They are also on FB at www.facebook.com/NALIonline. Did I mention great people?  www.NALI.com – Together We're Better!

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Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Cheyenne WY Licensed Private Investigators (No. OL-15-31146)
Board Certified Legal Investigator / Expert Consultant (national)
Board Certified Criminal Defense Investigators
Certified in Medicolegal Death Investigations / former Deputy Coroners

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

www.DeathCaseReview.com ~ beersda@DeathCaseReview.com
WY - (307) 222-0136 Office and (307) 222-0138 Fax
CO - (970) 480-7793 Office and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

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

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Importance of Photography in Equivocal Death Investigations

9/13/2014

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Importance of Photography in Equivocal Death Investigations
Our role as medicolegal death investigators includes reviewing cases for other professional investigators, attorneys and families.  They may question the evidence or investigative protocol - they ultimately question the Manner of Death - Natural, Accident, Suicide, Homicide and Undetermined - most often suicide.  They may question the Cause of Death - the specific actions, but not often. 

Families most often raise concerns because they do not understand the investigative process and may be influenced by lay persons (amateur sleuths) or the media and fictional television shows.  Most often, if someone would sit down and answer a few questions, the families may find themselves on the road to closure.  However, no one likes their processes and conclusions questioned.  Too often we hear from families because their requests are refused.  This is highly inappropriate.  As deputy coroners we would take any time a family needed to help them understand the process and how we reached the conclusions.  Other times it is simply a matter of not accepting the official findings and even multiple independent findings.  We most often decline these if we sense this - we are not retained to give answers wanted.

For the professional investigator, this is why we developed the distance learning course - Death Investigations for Private Investigators at www.MedicolegalDeathInvestigations.com
.  For the lay person, particularly loved ones, this is why we wrote the book - A Survivors' Guide to Death Investigations at www.UnderstandingDeathInvestigations.com.  It is why we love what we do, as Voltaire said, "To the living we owe respect.  To the living we owe the truth."  What do we do?  We are Expert Medicolegal Investigator available to review the records, reports, photographs and evidentiary documentation in order to provide a non-medical expert opinion, within the scope of our education, training and experience, as to the totality of the circumstances of the fatal or non-fatal event and the competency of the official investigation, with respect to death investigation protocol and standards.  One of the key items of review are photographs.  However, because we often receive pushback from official agencies, or there are statutory restrictions to the release of information (i.e. the Dale Earnhardt Law in Florida that prohibits release of photographs, except to next-of-kin or by court order) we may not have photographs to review.  How important are photographs?  Specific to our consultations, two cases give excellent examples of the importance.

Suicide or Homicide by Ligature Strangulation

A grandson hired some renowned private investigators to find the killer of his grandfather - he absconded from parole in the 60s.  The homicide was in the early 1950's, before grandson was born.  After finding the killer about five years ago, they began to learn of other suspicious deaths around him.  One was his son-in-law, found sitting next to his refrigerator with a belt around his neck and through the handle.  It was ruled a suicide.  Of course the myth is that people don't kill themselves this way - but it is frequent (Robin Williams was similar, but using a door). 

Unfortunately a fire burned some medical examiner records, including this case - but the family did have the autopsy report.  The police provided their reports, very poorly done, to the family.  No photographs of the autopsy because of the fire; and none from the police - these were lost.  We called and spoke to the evidence property Sergeant - who happened to have been at the scene.  He informed us the original lead detective. deceased and often did not develop his rolls of film unless asked to - a very bad evidence and protocol violation.  He had nothing, but had just inherited a big mess - it was actually national news how bad the evidence room was.  Months later we received a package with a CD of photographs!  In cleaning the mess they found a box of undeveloped rolls of film from the deceased detective.  Not many, not even a dozen, photographs of our case.  But - there was one, just one, that showed some bending of the belt consistent with how his wife (daughter of suspect) reported finding him; and showed an intact belt contrary to family 'facts' that the belt had been cut by the daughter (decedent's wife). 

Before this we were certain it was consistent with suicide - but shows like CSI create all kinds of myths for families and investigators; everyone is an amateur CSI...most are wrong.  That tidbit finally convinced the grandson and other investigators.  The grandson had flown here to visit family and specifically with the medical examiner investigator, since resigned for other opportunities. The evidence Sergeant appreciated an independent review, even if it were to have found something, and kept his word to share anything he found. We kept our word to keep what he requested to be as confidential.  We still have a good relationship. 

The family and all involved are now happy.  Most important, an man guilty of one homicide decades ago was no longer a suspect in a witch hunt for what was not a homicide and all other 'suspicious' deaths around him.

So, everything is important and we are not out to debunk a valid official investigation and findings.  It does happen, but most often we find ourselves supporting the findings and helping families find closure.  You can learn more about our processes and reviewed cases at www.deathcasereview.com/sample-cases.html.

Suicide or Homicide by Shotgun
In another case, a family retained us to review their son's suicide by shotgun.  It took them two years to get the records and photographs, not many.  Unknown to us, they made an appointment with an attorney to discuss a wrongful death case (the death was in a southern state and the family was in a northern midwest state). 

After we concluded it was a suicide - they were a bit upset having made the appointment and flights.  In this case, most of the photographs were very helpful.  They dispelled some myths and answered for the family some serious questions they had.  Questions that no person in the official investigation would take the time to discuss and answer.

The decedent had taken
two shotguns with him - an over / under (two barrels, one on top of the other, versus side-by-side) and a semi-automatic shotgun (would discharge, eject and reload with each pull of the trigger, versus a pump action requiring the forestock pump to eject and reload with each pull of the trigger).  However, the family was not sure how it could be determined which was used and how he could have been holding one.

The autopsy photos showed a burn on his hand that answered how he was holding the shotgun, and also indicated which shotgun.  This burn was angled in such a manner to assist in determining how the shotgun was likely held, and it was consistent with a burn from one cylindrical object.  One of the scene photographs had the shotgun and confirmed the rest.  From the reports it was learned that one shotgun shell was found approximate to the decedent; the over/under shotgun was unloaded and the break-open breech was closed). 

The family had many questions for us and we answered all that were answerable (some questions simply have no answer - we blame myths for this).  The family was able to have more answers and some sense of closure.  Without the photographs we would have never been able to definitively answer the questions or reach a conclusion.

So, everything is important and we are not out to debunk a valid official investigation and findings.  It does happen, but most often we find ourselves supporting the findings and helping families find closure.  You can learn more about our processes and reviewed cases at www.deathcasereview.com/sample-cases.html.
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Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Cheyenne WY Licensed Private Investigators (No. OL-15-31146)
Board Certified Legal Investigator / Expert Consultant (national)
Board Certified Criminal Defense Investigators
Certified in Medicolegal Death Investigations / former Deputy Coroners

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

www.DeathCaseReview.com ~ beersda@DeathCaseReview.com
WY - (307) 222-0136 Office and (307) 222-0138 Fax
CO - (970) 480-7793 Office and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

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

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Dean Beers Elected to NCISS 2nd Vice President

9/7/2014

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Picture(also pictured - Tom Shamshak, 1st Vice President; Debbie Anderson, Secretary; and Terry Myer, 3rd Vice President)
September 09, 2014 – For Immediate Release – Las Vegas, NV

Dean A. Beers, CLI, CCDI Elected as 2nd Vice President
National Council of Investigation & Security Services


The National Council of Investigation & Security Service (NCISS) held its annual meeting and conference, from September 4th to September 6th, in Las Vegas NV.  In the elections Dean A. Beers, CLI, CCDI was nominated and elected to the position of 2nd Vice President.  He was most recently 2nd Vice President, and previously Secretary and the Regional Director for CO, WY, NE, NM, ID & UT.

Dean is looking forward to continued work on the legislative issues that impact professional investigators and security personnel throughout the country, primarily concerning federal legislation and rule making, as well as with states and their associations on local matters.  Of particular focus is the State Association Advisory Board / State Legislation Awareness Monitoring (SAAB / SLAM) introduced last year by then President Bob Heales.  The SAAB / SLAM Program is a cooperation of member state associations to assist with responding to their legislative needs, while increasing the strength of NCISS responding to federal legislation and regulation.  In addition, the SAAB / SLAM Program benefits NCISS membership through increased networking, leadership mentoring and continuity, with the ability to proactively monitor and appropriately respond.

NCISS has close to 900 members and serves over 60,000 individuals through member investigative and security agencies.  NCISS 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 an increasing number of problems confront 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.

Dean is the past Board Chairman of the Professional Private Investigators Association of Colorado, Governor of the Americas for the World Association of Detectives, and Region 6 representative on the Certified Legal Investigator committee for the National Association of Legal Investigators.  In addition, he is a member of the Florida Association of Licensed Investigators, Texas Association of Licensed Investigators, California Association of Licensed Investigators, Criminal Defense Investigation Training Council, and National Defender Investigators Association.  Details are available at http://www.deathcasereview.com/principals-bios.html

Respectfully submitted,
Associates in Forensic Investigations, LLC
Associates@DeathCaseReview.com

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