From the National Defender Investigator Association • Volume 16, March 2009

GETTING AND HANDLING THE RECANTING WITNESS

BATTLING CYBERCRIME

VIN: VEHICLE IDENTIFICATION NUMBER & HOW TO READ IT

PLUS…NDIA’S 2009 NATIONAL CONFERENCE Eagle’s Eye Page 2

NDIA EDITOR’S NOTE National Defender Investigator Association 460 Smith Street, Suite K, Middletown, CT 06457 Phone: (860) 635-5533 The law, in its majestic equality, forbids the rich as well as the poor Fax: (866) 668-9858 to sleep under bridges, to beg in the streets, and to steal bread. E-mail: [email protected] www.NDIA.net – Anatole France, The Red Lily, 1894 Offi cers & Committees OFFICERS Colleen Flanagan The great can protect themselves, but the poor and humble require (973) 645-6347 the arm and shield of the law. President colleen_fl [email protected] Matt Whalen – Andrew Jackson, 1821 (203) 503-6818 Investigative Manual [email protected] Position Open t is easy to forget for whom Vice President Investigator/Paralegal we work. We so often en- Teri Moore of the Year counter the poor in a con- (609) 989-2160 Gerald Powell I [email protected] (901) 5444920 trolled environment, e.g. jail [email protected] or prison, that our knowledge Secretary-Treasurer of their indigence, even the de- William Smith Newsletter (804) 470-4139 James Tarter Sr. gree of it, is wiped clean by the [email protected] 615-862-5730 ext 289 inmate’s uniform. Occasionally [email protected] we may take notice of how hard Northeast Director Dave Young Survey a life takes a toll on the body (973) 977-4178 Kevin Rickel as severe poverty ravages the [email protected] (617) 424-0575 [email protected] whole man. Southeast Director Chicago, IL, one of the top fi ve Marvin Jeffcoat Certifi cation The law is a double-edged (704) 417-1919 Dean Applegate investigators in the country. He marvin.jeffcoat@meck- (662) 236-2889 sword, cutting either for de- is a regular contributor to CBS, lenbergcountync.gov [email protected] fense or prosecution. To be a CNN, as well as other news defender of the poor, we must Midwest Director Membership agencies. Ciolino is a prolifi c Thomas Hinton Beverly Davidson be ever mindful of the effort writer; his book about homicide (314) 241-1255 (860) 635-5533 which we put into every case. [email protected] [email protected] defense investigations is due That is why even the most ba- to be published soon. In this West Director Web Site sic of investigative tasks must issue we bring you his article Larry Carlson James Tarter, Sr. be mastered again and again. (775) 337-4834 (615) 862-5730 ext. 289 on “Getting and Handling the [email protected] [email protected] We must work relentlessly Recanting Witness.” to protect those who cannot Executive Secretary NEWSLETTER STAFF protect themselves for we are & NDIA Offi ce In this issue, you will also fi nd Beverly Davidson Eagle’s Eye Editor up against a very resourceful, our standard news sections like (860) 635-5533 James Tarter, Sr. powerful opponent. [email protected] (615) 862-5730 ext. 289 “Field Notes” and “How-To,” [email protected] but you also fi nd we have added COMMITTEES To accomplish this, we must a new contributing author, Paul Northeast Editor look to those who excel in Marshal, whose “Tech Bits,” By-Laws Margaret Livingston the fi eld of investigation and Board of Directors (973) 648-6225 we hope, will flesh out our [email protected] pattern ourselves after them. Technology section even fur- Conference Co-Chairs Sometimes their ideals are Sean Broderick, Co-Chair Midwest Editor ther. In the following months, (415) 436-7696 Brenda Tripp controversial. Therefore, us- you will be hearing more from [email protected] (618) 482-9050 ing a critical mind, we must at least one other contributing [email protected] glean from them that which Mark Neer, Co-Chair author. (213) 894-5060 Southeast Editor we fi nd useful and put it into [email protected] Dean Applegate action. This month, the crew We hope that our continued ef- (662) 236-2889 at the Eagle’s Eye, brings you Beverly Davidson [email protected] fort to bring you the very best (860) 635-5533 one of the pre-eminent minds will inspire you to master your [email protected] West Editor in private investigation today. craft to serve the clients most Hector Botello CBS calls Paul L. Ciolino, Drew Davis (510) 272-6650 often underserved. (704) 374-0720 [email protected] founder of Paul L. Ciolino [email protected] and Associates, LLC, based in ■ James B. Tarter, Sr., Editor Eagle’s Eye Page 3

PRESIDENT’S MESSAGE INSIDE THIS ISSUE Editor’s Note ...... 2

FEATURE: Getting And Handling The Recanting Witness ...... 4

Federal Defender Investigator And Paralegal Training ...... 26

FIELD NOTES: Irma Grimes ...... 15

HOW-TO: WIN—Vehicle Identifi cation Number & How to Read It ...... 17

In Memory: Ross Crespy ...... 27

LATEST NEWS ...... 28

he other day I found myself riding my motorcycle just for the sake of riding it. It was Meet Our Feature a pleasant day, and I had nothing better to do. Connecticut, even at this time of the Contributor ...... 12 Tyear, is incredibly beautiful. As I rode, I listened to the sound of the engine thumping NDIA 2008-2009 out that signature, guttural motorcycle sound, and I began thinking about what an amazing Advertising Rates ...... 32 thing it is when so many precisely-engineered components come together to form a well- NDIA 2009 National Conference ...... 23 tuned engine. NDIA Annual Business Meeting ...... 26 In many ways, the NDIA’s core group of folks function exactly like that engine. During the time I have had the privilege to be your NDIA President, I have seen the volunteers who make NDIA Member Benefi ts ...... 32 the NDIA function come together in a way I have rarely seen in any organization. From the NDIA Membership Executive Committee to the NDIA Conference Coordinators to the Eagle’s Eye staff, inves- Renewal & Application tigators and paralegals have stepped up to serve your association, and in doing so coalesced Form 2009 ...... 33 into something more than just a group of volunteers. They have forged a strong bond and an NDIA Scholarships effi cient social network. They have become a well-tuned machine grinding out the business & Early Registration ...26 of the NDIA. And all of this is for your benefi t. President’s Message ...... 3

PROFILE: Terri To these folks, my hat is off. I thank them for making my work so much easier. There are Breneman ...... 14 too many to name, but they know who they are. So when you see them at the 2009 NDIA TechBites ...... 12

National Conference in Daytona Beach or at the 2009 NDIA Regional Conference in San TECHNOLOGY: Diego, CA, don’t hesitate to thank them for the work they do. Let them know you appreciate Battling Cybercrime ...13 their efforts. And, I challenge you to join them. Step up and offer your support. I think you Update: Clarence will fi nd the rewards of such an undertaking far exceed the work you do. Short ...... 27 Welcome New Members...... 31 Please feel free to contact me with any questions or if you wish to volunteer. You can reach me on my cell (203) 314-4506, my email [email protected], or on Facebook just search The opinions & comments made throughout this for Matt Whalen New Haven, CT. newsletter are not necessarily those of the NDIA. ■ Matt Whalen, President Eagle’s Eye Page 4

GETTING AND HANDLING THE RECANTING WITNESS

do it are limited and the path area without losing a limb to the witness is loaded with or your career is preparation rattlesnakes and landmines. and detailed, mind-numbing One wrong step and your hard work. There is no easy career or at the minimum way to do this. Whenever the your case is ruined. facts of a case are simple and Feature straightforward, the side that The single biggest reason works the hardest will usu- that there are more people ally win. Out-working the in prison for crime that they government is not easy. They didn’t commit is that a bad have at their disposal a black witness(es) sat on a wit- hole fi lled with hundred dol- ness stand somewhere in lar bills. They have unlimited the United States and lied law enforcement personnel f you enjoy getting beat or colored their statement to call on. They have all the up, doors slammed in your to a point that the defendant toys and all the money. You, face, police and prosecu- I never had a chance. Forget on the other hand, have noth- tors hating you to the point forensic or expert advice. It ing but your willingness and of wanting to lock you up, is the witness from the com- work ethic. then you are reading the right munity with no apparent ax chapter. Re-interviewing to grind that will bury an Continued on page 5 > state or government wit- innocent defendant faster nesses in a criminal case is than a judge or jury can say, the meat and potatoes of the “guilty as charged.” criminal defense investiga- The single biggest tion. There is no way around The only way to navigate it, it has to be done and done reason that there you through this treacherous right. The opportunities to are more people in prison for crime that they didn’t commit is that a bad witness(es) sat on a witness stand somewhere in the United States and lied or colored

their statement to By Paul J. Ciolino Investigation Manual, a point that the DePaul University defendant never had a chance. Eagle’s Eye Page 5

GETTING AND HANDLING THE RECANTING WITNESS

As this manual primarily anything in this case without concerns itself with capital giving much thought to it. cases, that means one thing: This point cannot be stressed you are playing in the Super enough. Prior to ever picking Bowl or World Series of the up one piece of discovery criminal justice system. The and reading it, you had bet- stakes get no higher. This is ter give serious thought as not multimillion dollar civil to how you are going to litigation where ladies and deal with every worst case gentlemen patiently and qui- scenario. It is your career etly litigate in front of some and your life on the line. If judge who is an intellectual you do not think everything giant. You and the defense through completely, you may team are in the ultimate fi nd yourself injured, dead, street fi ght. The state is used or indicted. to winning. They feel as if they are fi ghting for all that If you are a young investi- is pure and right. They are gator, or a college student defending the honor of the working for an innocence law enforcement community project somewhere in the and a poor victim, as well as United States, forget about to do it again. If the author category of doing your job. the community at large. all of the romantic notions has learned one thing over Even the state will recognize of fame and fortune that the past twenty-five years these functions as routine You on the other hand are you may be thinking about. of doing criminal defense and innocent. defending the scum of the This arena is no place for work, it is that if you do this earth. A murderer who has no amateurs and wannabes. If long enough, you will get The trouble begins when conscious or honor. Perhaps you think different, do a little hammered by some police you start investigating and a child killer. From day one research. From California agency or prosecutor some- interviewing witnesses. This you are in a hole that has no to New York, and from the where. falls under the category of opening. The fi ght is entirely Mississippi Delta to the Ca- meddlesome, intrusive, and uphill and the government nadian border, the landscape The single biggest issue that “how dare you!” When you will have no problem in is littered with the bodies and will get you “hammered” undertake this particular ruining your life if you dare ruined careers of your prede- is the interviewing of wit- endeavor, you will quickly get in the way. They will usu- cessors in these cases. nesses. Reading discovery, start receiving a lot of atten- ally stop at nothing to win. dissecting crime scene data, tion that you don’t want. You Because they feel that they The single biggest mistake taking photographs are all will be under the prosecu- are on the high moral ground, that all of these folks made fairly routine investigative tor and police department’s they will justify all that they was being unprepared and functions. spotlight. You will quickly do in order to bring this pond thinking that the government fi nd out that you are under in- scum (your client) to justice. would hesitate to make them Nobody is going to climb vestigation. Everything you If that means running over an issue in a criminal case up your backside for these Continued on page 6 > you in the process, so be because of their naïve belief activities. It falls under the it. They will not hesitate to that they were “just doing destroy you. their job.” They have made examples of many defense The single biggest issue With this in mind, I would investigators, paralegals, law caution you against doing students and won’t hesitate that will get you “hammered” is the interviewing of witnesses. Eagle’s Eye Page 6

GETTING AND HANDLING THE RECANTING WITNESS

do or say will be examined Defense lawyer: Hi case. The above example is as to who was present during under a microscope. Jack, how can I help the single most popular trick the entire conversation. Who you? that a prosecutor will use on left the room, who answered If you are a former law en- you. If you have been doing the door, and what exactly forcement offi cer, it will not Prosecutor: Well it this work for more than a you did to insure that the matter one whit whether or seems that your investi- year, you almost certainly witness knew exactly who not you were the best cop to gator was out interview- have already been accused you were. I am assuming ever strap a gun or a bum. ing one of my witnesses, of this. If you have been do- here that you were not dumb They will nail you to the and he told my witness ing this work for more than enough to actually do what proverbial cross if you mess that he was a cop. I 10 years, and you have been you are being accused of. with them. If you are well think that we may have effective, this will be the known for doing this type of a serious problem here. tenth or twelfth time that you Although you may have just work prior to this case, they In fact, I may have him have been accused of this. got the information that will will have already investi- charged with imperson- For those of you who have spring your client from death gated you several times. It ating a police offi cer. no experience in dealing row, it will be worthless if it doesn’t matter what your with this issue, this is how wasn’t documented properly. background or experience Defense lawyer: Well, to handle it generally. Even if you got the real killer is, you are now in the enemy Jack, I have worked to confess, it will be worth- camp, and you will be held with my investigator for Number one rule. Do not less if you didn’t take the to a much higher standard many years and I know ever imply, insinuate, or appropriate steps to ensure then you were held to in your that he would never do act like you are anything the integrity of the statement. previous career. something like that. else but an investigator for You might as well give the the defense. Old habits die statement to your kids for Before examining how to Prosecutor: Well, Jill, hard, and you former law coloring or making paper interview witnesses and get maybe that’s true, but enforcement types should dolls. So before we talk some of them to recant prior my witness’ wife also be especially sensitive to about recantations, confes- statements made to the au- heard him say it. I think this accusation. Number two sions, and getting the reluc- thorities, let’s address what that I am going to fi le rule. As soon as you learn of tant witness to cooperate, we kind of activities that will a motion and ask the this accusation, treat it very have to have some guidelines get you in trouble, and, hope- judge to prevent your seriously. Sit down with the for making it usable. fully, how to avoid them. investigator from ha- defense attorney and prepare rassing my witnesses. a detailed memo of who said CREDITABILITY ISSUES what to whom during the Shortly after you have left Defense lawyer: Do interview. Be very specifi c Continued on page 7 > a witness’ home or job and what you want, but you attempted to or did, in fact, know this is nonsense. get a statement, the defense lawyer you are working with Prosecutor: Well we’ll will get a frantic phone call see what the judge has from the prosecutor. It might to say, Good-bye. sound something like this: Defense lawyer: Bye. Prosecutor: Jill, this is Jack from the prosecu- The opening salvo has just tor’s offi ce. I’m calling been fi red across your bow about your investigator and what happens next will in the Simpson case. set the tone for the rest of the Eagle’s Eye Page 7

GETTING AND HANDLING THE RECANTING WITNESS

BACKGROUND also necessary. Remember know. In that case you had INVESTIGATION OF he who works harder in the better fi nd a public defender WITNESSES close case will usually win. or a local investigator who is and buy them lunch. While Prior to purchasing the $6.00 I should also mention that you’re enjoying this gour- latte from Starbucks, plug- while you are still at the met meal at Aunt Millie’s ging in the Van Morrison CD courthouse closely examin- barbeque stand, fi nd out what in the old Porsche, and racing ing Bubba’s fi les, you might the local customs are. Ask down the interstate to inter- also want to check up on the for an example of previous view and get confessions, principal police offi cers and written statements that they you might want to consider prosecutors records as well. have obtained and used suc- doing a background investi- Hell, they already checked cessfully. gation on Bubba Jones, the up on you. If you’re feeling star witness. The background really ambitious, check the should consist of more than FACT PROVERS judges campaign contribu- you asking your old police After you have familiarized tion records. We wouldn’t contacts to violate 15 de- of the state’s or govern- yourself with Bubba’s life want any old the state wit- partment regulations while ment’s star witnesses have history and all of his previ- nesses to have a potential doing a NCIC check on your spent some quality time prior ous statements, it is time to confl ict of interest with the witness. to this case. This is where proceed to the double wide. Bubba will have record per- judge would we? The timing of this little jaunt For starters, you will have taining to the many nefarious is critical. Who goes and who read every police report, prior acts he has committed. GUIDELINES stays home is also important. statement, grand jury tes- In addition, you will want First and foremost, no matter For the sake of space, please timony transcript, and any to romp through the divorce how much experience you consider the following: other documents that Clar- and civil record division have, you had better under- ence Darrow III has been so that you may be able to stand the laws and local rules • Never call for an kind enough to provide you fi nd out who or what is also in the jurisdiction you are appointment with. Hopefully by this time upset or has been wronged working in. Every county, you reach Bubba’s double by Bubba. every state has different local • Always go very wide, you will be more fa- rules and customs. early or very late miliar with his prior state- Now if Bubba has lived in ments than he is. If you’re more than one county during Just because something is ac- • Never interview in not, that may prove to be his adult life, you should also ceptable in Chicago, doesn’t the presence of law very costly after, through make arrangements to have mean that it is acceptable in enforcement personnel sheer charm and force of somebody check those court- Starkville, Mississippi. It personality, you have talked houses for Bubba-related is your job to fi nd this out. • Always be mindful Bubba into puking all over documents. You know: once Finding out about it after you of your physical himself. If you get Bubba to a bum, always a bum. None have started interviewing surroundings spill his guts, and he makes a of this is fun or exciting, but witnesses is worthless. mistake or you forget to ask it sure is interesting reading • Dress for the area an important salient detail, about the state’s star witness. Hopefully you are working you may never get a second It can also refl ect upon how with an attorney who is well • If you can obtain chance. you are going to deal with versed in these matters. If the witness’ garbage Bubba. You may be thinking they are not, you had better undetected, do it The second step should take to yourself about now that find somebody who is. If place down at the local court- this sure seems like a lot of the attorney is from another house. This is where many effort and work. It is. But it’s jurisdiction they may not Continued on page 8 > Eagle’s Eye Page 8

GETTING AND HANDLING THE RECANTING WITNESS

In addition, whenever pos- of you going on this inter- for any potential danger, sible, bring a witness with view, there will be a number but, most of all, they should you. This will prove to save of considerations prior to remain quiet and pay atten- you much grief later when leaving for the fi eld trip. The tion to what is being said. On the prosecutor has contacted fi rst consideration should be occasion, you will ask them the defense lawyer and ac- sex, race, and geographi- to take copious notes of the cused you of misrepresenting cal location of the witness. conversation. Hopefully, your offi ce. The witness can All of these factors play an their presence will reassure be another investigator, para- important role in who you the witness. The witness will legal, student, or any other chose to bring with you. hopefully have something unbiased party. Relatives Hopefully, your background in common with the prover of the client, attorneys, and investigation of the witness such as race, background, or other interested personnel will have helped determine regional compatibility. should be left at home. these factors. PSYCHOLOGICAL favorite, “I don’t know you, When you initially approach In any event, if you were FACTORS & RECANTING talk to my lawyer(s)”. Now I any witness there are a num- interviewing a young black Witnesses, in general, are a don’t want to get off on a rant ber of factors to consider. male who lives in a hous- pain in the ass. If they aren’t here, but have you ever no- First and foremost, you must, ing project in an urban area, looking for something mate- ticed that when the genius in whenever possible, pick the you would not want to bring rialistic, they are looking for bib overalls answers the door time and place. Sometimes a young Caucasian female some sort of reward for be- at his doublewide trailer, you will not be able to do journalism student from Ala- ing honest. They are seldom with the refrigerator on the this for a myriad of logistical bama with you. Consequent- forthright and completely front porch, the electricity is or time issues. Nevertheless, ly, if you are interviewing a honest. By the time you being run from a neighbor’s always try and pick your middle-aged, white farmer in have reached them they are barn via extension cord, and moment because any slight Hobart, Indiana, you would usually so screwed up, they his car is on cinder blocks in edge you can gain may be not want to bring an African are almost worthless. 90% the front yard, you have to the one that will get you the American female paralegal of the witnesses that I have think that maybe this clown statement that will enable from Brooklyn with you. dealt with over the past 25 wouldn’t know a lawyer if your client to go free, or get The idea of course is to bring years are reluctant to speak one fell on top of him from a new trial or hearing. someone who will not poten- to you by the time you show a skyscraper. tially offend or put the wit- up. The other 10% can’t wait If there are going to be two ness on guard any more then to talk to you, either because But, yet, while I’m ponder- they will be anyway because they want to bury your client ing how this brilliant yet of your presence. or they want to be appointed humble individual is threat- the head of the cheerleading ening to sic his 80 lb. pit Your prover should be very committee for your client. bull on me for disturbing his familiar with what you are Either way they are not much afternoon high on meth, I’m trying to accomplish. They help. wondering how or what can should have read everything I say that will convince him you did, and you should In any event, this is not to talk to me. So I always do thoroughly brief them prior work for the meek or timid. the right thing and start lying to contacting the witness. Usually within the fi rst 25 immediately. They are there for a number seconds of the conversation, of reasons. They should take I will hear “I don’t want to notes if notes are to be taken. be involved”, “I don’t want They should be on the alert to talk to you”, or my all-time Continued on page 9 > Eagle’s Eye Page 9

GETTING AND HANDLING THE RECANTING WITNESS

Yes lie. It is legal, it is moral, In some states you can sur- and it works. The Supreme reptitiously record the con- My name is Earnest Banks, and I am 62 years old. I Court says you can do it, and versation; however, in most live at 6767 W. 59th Street in Chicago, Illinois. I am you can do it as often when states you cannot. For ex- speaking with witnesses or ample, in Wisconsin there is employed as a sheet metal worker in Robbins, Illinois. any other manner of bad one party consent; in Illinois, I understand that I am giving this statement to Paul guy. Now, I know the moral it is two party consent. In Ciolino, who has identifi ed himself as a private inves- police folks are reading this other words, you can record tigator working for Ferguson Jenkins, the defendant and they are thinking, “I a conversation in Wisconsin in a homicide that occurred across the street from could never do that!” and without a witness’ knowl- where I live in October of 2001. I also understand “Jeez, if I can get Ciolino edge, but in Illinois you have that Mr. Ciolino is not a police offi cer and is in no way on the witness stand I will to get their permission prior representing the police or prosecutor’s offi ce. show the jury he lied to the to turning on any recording witness.” Well, go ahead, I device. will admit to it freely. No I am giving this statement of my own free will. No question about it, I will lie to Getting a witness to talk promises, no rewards, or coercion has been used or a witness and lie often. is only the beginning. The made to me. real skill lays in getting the The fi rst and the biggest lie I witness to formalize his or On October 2, 2001, at approximately 10:00 p.m., will tell them is that this will her statement. I have had my wife Louise and I were sitting on our front porch only take a minute. I will tell a great amount of luck or, when we heard a number of gunshots. When we that lie 10 or 15 times during perhaps, even skill in get- an interview, because the ting witnesses to talk to me. looked across the street, we saw approximately seven single greatest excuse you However, if you don’t ease to ten black males running west down 59th Street. We will hear after the litany of them into signing or agree- did not recognize any of them. In fact, we only saw the fi rst few is, “I’m too busy ing to a taped interview, them running away from us, so their backs were to to talk right now.” That’s it will become a matter of us. When I looked across the street, I saw Ron Santo, when the big lie of “it will their word against yours at a my neighbor, lying at the foot of his front porch. His only take a few minutes” will later date. Thus, this is why wife was in the doorstep screaming, “They shot Ron! take place. you should always have a They shot Ron!” I told my wife to call 911, and I ran legitimate prover present across the street to see if I could help Ron. When I DOCUMENTING THE when conducting interviews. INTERVIEW While it is not as good as a got there he was obviously dead, as there was blood If you don’t get the interview signed or recorded statement, everywhere, and he was not moving or breathing. formally documented, the it is better than nothing but Mrs. Santo was crying and screaming incoherently. I entire process may be a waste your word. asked her who shot Ron. She stated that she didn’t see of time. Different lawyers them, she only heard the gunshots and came running have different views on how Now prior to taking the state- to the front door. to best accomplish this. As ment you will always want the attorney you are work- to work in some standard Later that night, two violent crime detectives came ing with has to eventually disclaimer language. Here is to my house and asked me what I saw. I told them introduce this documentation a sample of a standard writ- into court as evidence, you ten statement, usually done exactly what I am saying here, basically nothing. They had better have a clear under- in long hand. became very angry with me and accused me of lying. standing as to how you are going to accomplish this. Continued on page 10 > Eagle’s Eye Page 10

GETTING AND HANDLING THE RECANTING WITNESS

They then took me to the Chicago Police Department got there a different state’s attorney met me. He had were they put me in a small room for several hours. my written statement and he asked me if I had signed During this time, I was constantly getting yelled at it. I told him I signed it, but it was all bullshit. He and threatened with arrest if I didn’t tell them who said “What do you mean?” I said, “It didn’t happen shot Ron. They also told me that if I didn’t tell them like that, I never seen the shooter.” He said, “Just who shot Ron, then maybe my son Ernie Jr. would be a minute,” and walked out. A few minutes later the arrested for the shooting. They told me that another two detectives came in and I could tell that they were witness had said that they recognized Ernie as one really mad. They told me that I had better get my shit of the guys running from the scene. I told them that together or I would get indicted for perjury. They gave was impossible, that my son was with his sister Jewel me my statement and told me that if I didn’t identify at the time of the shooting. Tyrone, that my ass would get locked up.

After several hours I was shown a picture of Tyrone The state’s attorney come back in and asked me if Williams a neighbor’s son. The older detective told I had read the statement. I told him yes. He said, me that Tyrone was the one who did the shooting. He “Are we straight on this?” I told him “Yeah, we’re told me that if I didn’t do exactly as he said that my straight.” I then walked into the grand jury and told son would also be arrested. I knew that Tyrone had them folks that Tyrone was the shooter. I lied because been in a gang, and that the police were always at I knew that is what everybody wanted me to say. his parent’s house. So I told the Detective, “Yeah I seen Tyrone do the shooting.” The detective told me I have had no other contact with the police or pros- that I would have to sign a statement with the states ecutors in this case since my trip to the grand jury. I attorney saying that I seen Tyrone do the shooting. have read this statement and made it of my own free He told me that I could go home after I signed the will. No promises, threats, awards, or coercion of any statement. kind has been made to me. This statement is true and correct to the best of my knowledge. When the state’s attorney came, she asked me what happened and I told her what the detective wanted me to say. I basically lied to her and told her that I saw Tyrone shoot Ron Santo. In fact, I never saw anyone shoot Santo. I only heard gunshots and saw a bunch of people running away from me with their back to me.

Sometime later maybe in November, I was at work Signed/Printed Name/Date in Robbins when the detectives who had originally questioned me came to my work and took me out of there. They drove to the courthouse at 26th & Cali- fornia where I was taken to the Grand Jury. When I Witnessed by: Paul J. Ciolino/Date/Time

Continued on page 11 > Eagle’s Eye Page 11

GETTING AND HANDLING THE RECANTING WITNESS

Have the witness sign and recorder and inform the wit- initial each page, beginning ness that you are going to to ending. After you get back make some “oral notes” so to the offi ce, make a copy that you don’t make any and mail it to the witness. If mistakes when the report you are a notary, leave a spot is typed up later. Start by on the signature part where saying the time, date, and you will put the general place of interview. State your “signed and sworn before name and ask the witness his me” language. or her name. Also ask them for a date of birth or social If you are videotaping the security number for further statement, a signed statement identifi cation. Then start re- is generally unnecessary. If peating what they have told THE DEVIL is all part of your job. Our you are tape recording the you. Stop every few seconds IS IN THE DETAILS only obligation is to try our statement, you will want to and ask the witness “is this Overcoming the seemingly best and give an honest ef- have the tape transcribed accurate so far?” overwhelming evidence fort. We are not in a position later, so that you will have against your client is never to create facts, we merely written record of the state- Engage the witness as much easy. Getting one great state- report them. When those ment. as possible so that it is clear ment does not make a great facts differ from our client’s that the witness is agreeing and believable defense. It is recollection of the events, we In the event that you have with everything you are stat- always an accumulation of are obligated to repost them a witness who is talking ing into the tape recorder. facts the will overcome the as discovered. to you but is very hesitant odds against your client. about signing or giving a If nothing else, this message Whatever the facts might re- documented statement to will show that the witness I always tell attorneys that veal themselves to be, there you, I would suggest the was interviewed and that he I am but a mere gatherer of is always hope. If we aren’t following. or she has indeed stated what facts. I don’t deal in fairy the eternal optimists of the you are reporting. It is not the tales and “I wish” scenarios. world, I don’t know who is. After the interview is com- most locked in statement that I may be aggressive, I may plete and the witness has you will ever take, but it is be dedicated, but I’m not It has been my experience refused to write or sign any- better than the alternative of stupid. I am not going to that you just never know thing that has been presented going back empty handed. jeopardize my reputation or what will eventually help to him, pull out a small tape character so that I can make your client’s cause. He may a client look good. The facts be guilty, but there are al- are what they are. Our job is ways those extenuating cir- to gather usable and relevant cumstances. Your work may facts. Occasionally, the facts not spring him or her from will differ from what we the penitentiary, but it may It has been my experience that you have been led to believe. In wind up reducing his even- those instances, we have an tual sentence to something just never know what will eventually obligation to be frank and they can live with. It may also save his or her life so help your clients cause. He may be honest with the client and the attorney. that they can fi ght another day. ■ guilty, but there are always those The attorneys may want to extenuating circumstances. shoot the messenger, but that Eagle’s Eye Page 12 MEET OUR FEATURE CONTRIBUTOR TechBite for the Illinois Department of He appears regularly on FOX, Children & Family Services, CNN, MSNBC, CBS, NBC, 100 million hard drives fail every year. I’ve had my he is an adjunct lecturer at the and ABC. share, including one last Medill School of Journalism at Christmas Eve. When was Northwestern University in Ev- He is the 1999 “Dante Award” the last time you backed anston, Illinois, and Columbia recipient, the fi rst non-journal- up your notebook? Your College, Journalism Depart- ist to win this award that has home desktop? Your ment in Chicago. He has also been presented by The Joint work PC? been a guest lecturer at Yale Civic Committee of Italian aul J. Ciolino is a life- Law School. He was also one Americans for the past twenty- 500 gigabyte external long resident of the Chi- of the co-founders and primary nine years. The award is pre- USB drives are selling Pcago area and owner instructors on investigative sented to an individual, “who for $99 to $129 on sale. of Paul J. Ciolino Associates, tactics at the first Confer- is fearless in his pursuit of That’s enough to back LLC. He specializes in com- ence on Wrongful Convictions justice.” Ciolino has also been up a notebook and most plex criminal defense and and the Death Penalty held at awarded the fi rst “Advocate for people’s desktop(s). fraud investigations. Ciolino’s Northwestern Law School in Justice Award” which is pre- My favorite backup participation in wrongful con- Chicago, Illinois. sented by the Illinois Attorneys software is CMS viction investigations helped for Criminal Justice, and the Ciolino was the primary investi- 1999 “Louisiana Investigator Products’ BounceBack free fi ve men from death row in Professional ($79, www. gative advisor to the Innocence of the Year” award. In August Illinois. A stunning videotaped cmsproducts.com). Projects at: Northwestern Law of 1999, Ciolino was awarded homicide confession that he While Windows has a obtained from a double murder School; The Medill School of the prestigious “International built in backup program, suspect in February of 1999 has Journalism at Northwestern Investigator of the Year” award BB Pro can create a been seen on major television University; and DePaul Uni- by The Council of International backup drive that can outlets. He has been the subject versity, Center for Justice in Investigators. be simply installed to of newspaper and magazine Capitol Cases, College of Law, replace a failed drive articles in the United States, all in Chicago. In 1999, Illinois Governor (obviously you can’t put Canada, Europe, South Amer- George Ryan issued the fi rst a 3.5” hard drive into a ica, and Australia. CBS News Ciolino is the author of In The ever moratorium on the death notebook). Anchor Dan Rather has called Company of Giants: The Ulti- penalty in the United States Ciolino “One of America’s Top mate Investigation Guide For after Ciolino obtained a video- What I really like about BB Pro is it’s the ultimate Five Investigators.” Legal Professionals, Journal- taped confession in a 1981 ists & The Wrongly Convicted. double homicide case. As a “nagware.” You tell it how often you want to back He is licensed in Illinois. He He is the co-author of the best result of that investigation and up and it will nag you to has earned a number of pro- selling and critically acclaimed confession, Anthony Porter textbook Advanced Forensic was released from death row plug in that external drive fessional designations such as: and do your backups. Certifi ed Fraud Examiner, Cer- Civil Investigations published in Illinois after having served by Lawyers and Judges Pub- eighteen years for a crime that tifi ed International Investigator, So really, when was the and Board Certifi ed Forensic lishing Company. He is also the he had not committed. last time you backed Examiner (Fellow). He has co-author of Advanced Foren- up? given dozens of speeches on a sic Criminal Defense Investiga- Ciolino is a past president of diverse array of investigative tions which was published in the National Association of Le- Gregg Marshall, CPMR, topics ranging from debunking November of 1999. His articles gal Investigators, Inc. (NALI), CSP, is a speaker, experts, to investigative eth- on investigative topics have is on the Board of Directors author and consultant. ics, to child homicide, sexual been published worldwide. for the Council of International He can be reached by abuse, repressed memories, and He is a three-time winner of Investigators, and is a past email at gmarshall@ death penalty investigations. A NALI’s annual Editor-Pub- President and Life Member of repconnection.com, or seven-year U.S. Army veteran, lisher Award for best articles the Special Agents Association visit www.repconnection. com. and the former chief investiga- published in their educational in Chicago. ■ tor of the child homicide team journal, The Legal Investigator. Eagle’s Eye Page 13

BATTLING CYBERCRIME

Criminals Can’t evidence remains intact and out of North Carolina,” Benton the contents of the computer says, “if the Shadow had been Escape Their Own remain in an unaltered state, fi t available to us at that time.” Digital Shadow When for use at trial). Due to the initiative and com- Investigators Use mitment to the city of Wilm- Voom’s Computer “What a competent [computer ington by Chief Evangelous, Forensics Device forensics] examiner can do in the Wilmington a day with the Shadow, would t seems that no matter what surely take weeks or months illegal activity is pursued, using alternative forensic pro- Iwhether it is pornography, cedures,” notes Will Docken, kidnapping, murder, or even former U.S. Customs Special terrorism, the so-called crimi- Agent and founder of Will nal masterminds leave a wind- Docken Investigations (www. ing but traceable trail of related willdocken.com). “The ability computer data linking these to [immediately] boot, run, and perpetrators to their crimes. thus investigate any computer In the current era of escalating with any operating system is crimes involving computer not possible with any other usage, it has become essential forensic procedure or device that law enforcement has im- of which I am aware.” Technology mediate access to potentially Police Department now utilizes critical computer data. “Immediacy of access to digital the advanced technology of data is essential,” states De- Voom’s Shadow II, overlooked Crime waits for no man. Right tective Bobby Benton of the by many larger law enforce- now, computer crime labs Wilmington Police Department ment agencies, to facilitate across the nation are backed in North Carolina. After hav- their cybercrime investigations. up from as much as several ing the Shadow demonstrated Take the case of Mark Jensen, months to a year for forensi- to him, Detective Benton la- convicted in February, 2008, of cally processing and obtaining mented not having access to murdering his wife. Initially, vital information from suspect this technology sooner. Benton Rhonda Mitchell was called by computers. Local investiga- explains, “Recently, there was the prosecution to testify in the tive teams are hampered by a shooting in a local store. capacity of computer forensic computer forensic tools that The homicide was caught on expert. Upon cross-examina- require hours to forensically security cameras located on the tion, however, she was un- copy and transfer data for premises and stored digitally. able to effectively explain the viewing, in order to maintain These images, however, were manner in which the forensic forensic soundness. However, not able to be viewed immedi- soundness of the computer evi- there is no need to wait for ately in order to maintain the dence was maintained, due to processing according to David forensic integrity of this digi- the complicated and technical Biessener, CEO of Voom Tech- tally stored data. Identifi cation nature of the process. Because nologies, Inc. (www.voomtech. of the perpetrator was, there- of this, Martin Koch was then com). Using a unique device fore, delayed by seven or eight called to testify in this capacity. called the Shadow, patented hours.” In the meantime, the Mr. Koch used the Shadow to by Mr. Biessener in 2002, a perpetrator eluded authorities effectively present and explain suspect computer can be booted and made his way hundreds of the computer evidence to the and run on the spot, allowing miles and several states away judge, jury, defense and other Released by PRNewswire for immediate examination of where, fortunately, he was court attendees. In fact, one of VOOM Technologies, Inc., eventually apprehended. “The the three key pieces of evidence December 16, 2008; 5:20 a.m., its contents, without forensic Minneapolis, MN compromise (i.e., the chain of suspect may not have made it Continued on page 14 > Eagle’s Eye Page 14

TECHNOLOGY: BATTLING CYBERCRIME TERRI BRENEMAN quoted by the jury as essential le erri Breneman, Research and Writing Specialist at the in reaching their guilty verdict, Federal Public Defender’s Offi ce in St. Louis, Missouri, was evidence presented by Tis a writer of mysteries. No, not the briefs that seems to expert Martin Koch, using the puzzle the court. These are genuine mysteries, complete with Shadow. During the trial, the dark and stormy nights, twists, turns, and red herrings. Pro fi Jensen home computer was brought into the courtroom, the Terri said, “I’m writing a mystery series, The Toni Barston Mys- Shadow was connected, and tery Series. The main character is an attorney in the Prosecutor’s that which would have been Offi ce and her partner is the lead investigator. displayed on the monitor was projected onto a screen for the The fi rst book was Anticipation, the second was Borderline and court to view. Part of the evi- the third was Compulsion. The fourth, Delusional, will be out dence accessed and shown via in June. the Shadow included links to poisons and their effects. It was “In each book, the killer has some type of mental illness...I used ultimately demonstrated that to be a psychotherapist.” She started writing in law school and links to antifreeze poisoning published her fi rst book in 2006. were followed (the decedent was found to have antifreeze in In fact, Terri’s work is SO good that her third novel, Compul- her blood at the time of death), sion, was nominated for 2008 Best Lesbian Mystery by GCLS a link to the symptoms of anti- (Golden Crown Literary Society). freeze poisoning was followed, however, no link to remedies You can fi nd Terri’s mysteries on Amazon.com or available on or antidotes to poisons had her website www.terribreneman.com. ■ been followed. Defense tactics aimed at suggesting suicide were thwarted due to the fact that by the defendant’s own words, his wife was completely bedridden for three days prior to her death, and the Shadow showed clearly that the sites in question (including their contents) had been accessed during that time period. Mark Jensen was sentenced to life in prison without parole in Wal- worth County, Wisconsin, in connection with murder of his wife 10 years prior (i.e., 6 years prior to the invention of the Shadow right across the state line in Lakeland, MN).

For more information, con- tact: Maureen T. Aro, Market- ing Voom Technologies, Inc., [email protected], 910-270-6248/910-297-8622, www.voomtech.com. ■ Eagle’s Eye Page 15

IRMA GRIMES

‘I just didn’t do it!’ If we inves- “Then, it’s finding out the tigators had a dime for every client’s background—their time we heard that, we’d be horrible secret,” she said. “I halfway to Tahiti by now. always say [to new investiga- tors]: Respect your clients. Just But Irma Grimes didn’t roll her because they’re in the circum- eyes whenever she heard a cli- stance they’re in doesn’t mean ent insist that they were inno- they’ve lost their dignity.” cent. In fact, she embraced it. Grimes recalls fondly a young “To me, believing what the client charged with driving client is telling you, and going with a suspended license who out and corroborating what insisted that he wasn’t even the client is telling you, I think in the car. As hard as it was to that’s the most rewarding part “When I fi rst started [in 1975], believe him, Grimes did. She of the job,” she said. there were only 13 investigators retraced the police officer’s in the state,” Grimes recalls. “I voyage as written in the police Now the head of the Investiga- was the fi rst female hired.” report, and confi rmed it was tive Division of the Connecti- bogus. cut Public Defender’s Offi ce, Referred to as an “investiga- Grimes was a clean slate when tive aide”, Grimes said being “The report said they made a Field Notes she fi rst started interpreting for the only woman in her fi eld right and then a left. There was the Connecticut courts at the was a hurdle, especially when no way you could make [those young age of 22. it came to the Department of turns],” she said. Corrections. “I had no awareness of the Grimes also recalls a client who criminal system. It opened my “It was very diffi cult. No fe- was charged with two counts eyes,” Grimes said of her per males were allowed into the of robbery at the age of 20. diem job as a Spanish transla- jails,” she said. “It was totally He, too, insisted that he just tor. So much so, that 35 years different.” didn’t do it. later Grimes’s days are almost completely dedicated to crimi- With clients, though, Grimes “My investigation revealed that nal defense and advocacy. feels defense investigators of on the day of the robbery he had any gender face an even bigger come down with food poison- “I feel the representation of challenge. ing at work,” Grimes said. the indigent defendant is one of the most important roles in “I think generally there’s mis- The client’s illness was so the criminal justice division. trust of the public defender severe that he was sent to the In protecting the rights of in- system. Our clients are incar- hospital. He was released just digent defendants, we are tak- cerated and we have a higher 30 minutes before the robbery ing a stand against injustice,” number of clients, so there’s took place. The doctor that Grimes said. always going to be that miscon- tended to him remembered ception,” Grimes said. “[Being the young man because of For Connecticut’s multi-tiered a woman] was a challenge in his pleasant nature, and told Public Defender’s Office, itself, but even more of a chal- Grimes that his condition made Grimes supervises the Latino lenge is to acquire their trust.” the allegations preposterous. Practice overseeing a staff of 68 to 78 full-time and per diem Once she broke the barrier, investigators. Grimes said, the real work By Gisela Garcia began. Continued on page 16 > Eagle’s Eye Page 16

IRMA GRIMES, CONTINUED…

“He was a very personable “He knew we gave it our all. He “We fi nd the need for them to At the end of the day, Grimes young man. He’d worked his knew that we worked hard for reach out for services,” Grimes shares her life in New Britain, entire life since he was 16,” him, and that unfortunately, the said. Connecticut, with her hus- Grimes said. “I truly believe system doesn’t always work.” band, Eddie Ortiz, and his two to this day that he was inno- During Stand Downs, Grimes children: Eddie Jr., 26, and cent.” Grimes’s passion for advo- and other volunteers set up Glendaliz, 23, who also goes cacy doesn’t stop when she tents which offer free advice to St. Joseph’s College (to Sadly, a jury did not, and he was goes home for the day. At age and services. Some veterans Glendaliz’s chagrin). found guilty on both counts. 58, Grimes is enrolled at St. have left Stand Downs with However, Grimes said even the Joseph’s College, seeking a their driver’s license reinstated “She says, ‘Don’t take any notoriously harsh judge gave degree in Latino Community after years of suspensions or classes with me!’” Grimes said, the client a break by running Practice. with old minor misdemeanors laughing. ■ the sentence concurrent, which, handled in a makeshift court she said, refl ected that the judge On her off time (when she fi nds system tent. Others have found was just as touched by the cli- it), Grimes advocates for veter- out that they have early-stage ent as Grimes was. ans with Stand Down, an event oral cancer, thanks to a free organized by the Department of dental check tent. “He still calls me every once Veterans’ Affairs, dedicated to in a while,” she said, “which gathering social service volun- “It’s so rewarding, it’s just in- is remarkable, considering the teers to aid homeless veterans credible to see them,” Grimes case was from 1985.” with health and legal matters. said. Eagle’s Eye Page 17

VIN—VEHICLE IDENTIFICATION NUMBER & HOW TO READ A IT

very vehicle has a unique VIN thefts and insurance coverage. Each char- (Vehicle Identification Number). acter or digit has a particular purpose. EThe VIN number is stamped onto a small metal plate and is attached to the HISTORY OF THE VIN driver’s side of the dash where it meets the Detroit automobile manufacturers began window. The VIN allows the Department stamping and casting identifying numbers of Motor Vehicles or the Department of on cars and their parts in the mid 1950’s. Transportation to keep track of the vehicles The primary purpose of this vehicle iden- registered owner. tifi cation number (VIN) was to give an accurate description of the vehicle when Police also use this number to verify that mass production numbers were starting a vehicle has not been stolen and is in the to scale in very signifi cant numbers. The possession of the original owner. However, early VINs came in a range of variations it takes professional thieves only seconds depending on the individual manufacturer to replace this plate with one from a legally at that time. How-to purchased junk car of the same make and model. In the early 1980’s the U.S. National highway Traffic Safety Administration VEHICLE IDENTIFICATION NUMBER (USDOT) required that all road vehicles (VIN): WHAT IS IT? must contain a 17 character VIN. This A car’s vehicle identifi cation number (VIN) established the standard fi xed VIN system is the automotive equivalent of human which major vehicle manufacturers use “DNA.” currently. The result was a unique “DNA” style number for each individual vehicle It sets the vehicle apart from the millions rolled off the assembly line. of other vehicles out there. In recent times it has been refl ected in 17 digit characters. The Vehicle Identifi cation Number was It displays a car’s uniqueness and heritage originally described in ISO Standard 3779 and provides a form of “factory to scrap in February 1977 and last revised in 1983. yard” identifi cation. It can be used to track The ISO-VIN was designed to identify recalls, registrations, warranty claims, motor vehicles, trailers, motorcycles and

Continued on page 18 >

Printed with permission from VinGuard Eagle’s Eye Page 18

HOW-TO: VIN—VEHICLE IDENTIFICATION NUMBER & HOW TO READ IT

mopeds and consists of several parts de- scribed below.

HOW TO READ A VIN

1st Character- Identifies the country in which the vehicle was manufactured. For example: U.S.A. (1or 4), Canada (2), Mexico (3), Japan (J), Korea (K), England (S), Germany (W), Italy (Z)

2nd Character - Identifi es the manufac- turer. For example; Audi (A), BMW (B), Buick (4), Cadillac (6), Chevrolet (1), Chrysler (C), Dodge (B), Ford (F), GM Canada (7), General Motors (G), Honda (H), Jaquar (A), Lincoln (L), Mercedes Benz (D), Mercury (M), Nissan (N), Olds- mobile (3), Pontiac (2or5), Plymouth (P), Saturn (8), Toyota (T), VW (V), Volvo (V).

3rd Character - Identifi es vehicle type or manufacturing division.

4th to 8th Characters - VDS - Vehicle Descriptor Section. These 5 characters oc- cupy positions 4 through 8 of the VIN and may be used by the manufacturer to identify attributes of the vehicle. Identifi es vehicle features such as body style, engine type, model, series, etc.

9th Character - The check digit “charac- ter or digit 9” in the sequence of a vehicle identifi cation number (VIN) built begin- ning with model year 1981 (when the 17 character digit format was established) can best be described as identifying the VIN accuracy.

A check digit shall be part of each VIN (since 1981) and shall appear in position nine (9) of the VIN on the vehicle and on any transfer documents containing the VIN prepared by the manufacturer to be given to the fi rst owner for purposes other than resale. Thus, the VINs of any two vehicles

Continued on page 19 > Eagle’s Eye Page 19

HOW-TO: VIN—VEHICLE IDENTIFICATION NUMBER & HOW TO READ IT manufactured within a 30 year period shall PARTS OF THE VIN digit and the 12th, 13th and 14th position not be identical. The check digit means a Modern Vehicle Identification Number of the VIN for a second part of the identi- single number or letter “x” used to verify systems are based on two related standards fi cation. Some manufacturers use the third the accuracy of the transcription of the originally issued by the ISO in 1979 and character as a code for a vehicle category vehicle identifi cation number. 1980, ISO 3779 and ISO 3780, respectively. (e.g., bus or truck), a division within a Compatible but somewhat different imple- manufacturer, or both. For example, within After all other characters in the VIN have mentations of these ISO standards have 1G (assigned to General Motors in the been determined by the manufacturer the been adopted by the European Union and United States), 1G1 represents Chevrolet check digit is calculated by carrying out a the United States of America [1]. passenger cars; 1G2, Pontiac passenger mathematical computation specifi ed. This cars; and 1GC, Chevrolet trucks. is based on WIN position, sample WIN, The VIN is composed of the following assigned value code, weight factor and sections: WMI REGIONS multiply assigned value times weight fac- The fi rst character of the WMI is the region tors. The values are added and the total is in which the manufacturer is located. In divided by 11. The remainder is the check Standard practice, each is assigned to a country of digit number. The correct numeric remain- 1 2 3 4 5 6 7 8 9 10 11 manufacture. Common auto-manufacturing der - zero through nine (0-9) will appear. 12 13 14 15 16 17 countries are noted. However, if the remainder is 10 the letter “X” is used to designate the check digit ISO 3779 WMI Region Notes value/number. WMI A-H Africa VDS 10th Character - Identifi es the model year. VIS AA-AH South Africa For example: 1988 (J), 1989 (K), 1990 (L), J-R Asia 1991 (M), 1992 (N), 1993 (P), 1994 (R), North American 1995 (S), 1996 (T), 1997 (V), 1998 (W), > 500 vehicles / year J Japan 1999 (X), 2000 (Y) - 2001 (1), 2002 (2), Manufacturer Identifi er KL-KR South Korea 2003 (3). Vehicle Attributes L China Check Digit MA-ME India 11th Character - Identifi es the assembly Model Year MF-MK Indonesia plant for the vehicle. Plant Code ML-MR Thailand Sequential Number 12th to 17th Characters - VIS - Vehicle PA-PE Philippines Identifi er Section. The last 8 characters of North American PL-PR Malaysia the VIN are used for the identifi cation a of < 500 vehicles / year specifi c vehicle. The last four characters Manufacturer Identifi er S-Z Europe shall always be numeric. Identifies the Vehicle Attributes SA-SM United Kingdom sequence of the vehicle for production as Check Digit SN-ST, W Germany it rolled off the manufacturers assembly Model Year SU-SZ Poland line. Plant Code TA-TH Switzerland Manufacturer Identifi er TJ-TP Czech Republic Vehicle Identifi cation Numbers (VINs) Sequential Number are used to uniquely identify motor ve- TR-TV Hungary hicles. Prior to 1980 there was not an VA-VE Austria accepted standard for these numbers, so VF-VR France different manufacturers used different WORLD MANUFACTURER IDENTIFIER VS-VW Spain formats. Modern day VINs consist of 17 The fi rst three characters uniquely identify VX-V2 Yugoslavia characters that do not include the letters the manufacturer of the vehicle using the XL The Netherlands I, O or Q. World Manufacturer Identifier or WMI code. A manufacturer that builds fewer than 500 vehicles per year uses a 9 as the third Continued on page 20 > Eagle’s Eye Page 20

HOW-TO: VIN—VEHICLE IDENTIFICATION NUMBER & HOW TO READ IT

XS-XW USSR COMMON WMIS VSG Nissan Spain X3-X0 Russia VSE Suzuki Spain YA-YE Belgium WMI Manufacturer (Santana Motors) YF-YK Finland A3 Mitsubishi VWV Volkswagen Spain YS-YW Sweden HD Harley-Davidson WAU Audi ZA-ZR Italy JA Isuzu WBA BMW JF Fuji Heavy Industries WBS BMW M 1-5 North America (Subaru) WDB Mercedes-Benz 1, 4, 5 United States JH Honda WDC DaimlerChrysler 2 Canada JK Kawasaki (motorcycles) WF0 Ford Germany WMW MINI 3 Mexico JM Mazda JN Nissan WP0 Porsche 6-7 Oceania JS Suzuki W0L Opel WVW Volkswagen 6A-6W Australia JT Toyota KL Daewoo General WV1 Volkswagen Commercial 7A-7E New Zealand Motors South Korea Vehicles WV2 Volkswagen Bus/Van 8-0 South America KM8 Hyundai KMH Hyundai XTA Lada/AutoVaz (Russia) 8A-8E Argentina KNA Kia YK1 Saab 8F-8J Chile KNB Kia YS3 Saab 8X-82 Venezuela KNC Kia YV1 Volvo Cars 9A-9E, 93-99 Brazil KNM Renault Samsung YV2 Volvo Trucks 9F-9J Colombia L56 Renault Samsung YV3 Volvo Buse L5Y MERATO MOTORCYCLE ZAM Maserati Biturbo Taizhou Zhongneng ZAP Piaggio Vespa ZCG Cagiva SpA LIST OF COMMON WMIS LSY Brilliance Zhonghua ZDM Ducati Motor Holdings SpA The Society of Automotive Engineers LTV Toyota Tian Jin ZDF Ferrari Dino (SAE) in the US assigns WMIs to countries LVS Ford Chang An ZFA Fiat and manufacturers. The following table LZM MAN China ZFF Ferrari contains a list of commonly used WMIs, LZE Isuzu Guangzhou 1FA Ford Motor Company although there are many others assigned. MA3 Suzuki India SAL Land Rover 1FB Ford Motor Company SAJ Jaguar 1FC Ford Motor Company SCC Lotus Cars 1FD Ford Motor Company SHS Honda UK 1FM Ford Motor Company SJN Nissan UK 1FT Ford Motor Company SDB Peugeot UK 1FU Freightliner TMB _koda 1FV Freightliner TMT Tatra 1F9 FWD Corp. TRA Ikarus Bus 1G General Motors USA TRU Audi Hungary 1GC Chevrolet USA A car’s vehicle TSM Suzuki, (Hungary) 1GT General Motors USA UU1 Dacia, (Romania) 1G6 Cadillac USA identifi cation number VF1 Renault 1G2 Pontiac USA 1GM Pontiac USA (VIN) is the automotive VF3 Peugeot VF7 Citroën 1H Honda USA equivalent of VSS SEAT 1L Lincoln USA VSX Opel Spain Continued on page 21 > human “DNA.” VS6 Ford Spain Eagle’s Eye Page 21

HOW-TO: VIN—VEHICLE IDENTIFICATION NUMBER & HOW TO READ IT

COMMON WMIS, CONTINUED… VEHICLE DESCRIPTOR SECTION The 4th through 9th positions in the 1ME Mercury USA 4UZ Frt-Thomas Bus VIN are the Vehicle Descriptor Section 1M1 Mack Truck USA 4V1 Volvo or VDS. This is used, according to local 1M2 Mack Truck USA 4V2 Volvo regulations, to identify the vehicle type 1M3 Mack Truck USA 4V3 Volvo and may include information on the 1M4 Mack Truck USA 4V4 Volvo platform used, the model, and the body 1R9 Roadrunner Hay 4V5 Volvo style. Each manufacturer has a unique Squeeze USA 4V6 Volvo system for using this fi eld. 1N Nissan USA 4VL Volvo 1NX NUMMI USA 4VM Volvo North American Check Digits 1VW Volkswagen USA 4VZ Volvo One element that is fairly consistent is the 1XK Kenworth USA 5F Honda USA-Alabama use of position 9 as a check digit, com- 1XP Peterbilt USA 5L Lincoln pulsory for vehicles in North America 1YV Mazda USA 5N1 Nissan USA and used fairly consistently even outside 2FA Ford Motor Company 5NP Hyundai USA this rule. Canada 5T Toyota USA - trucks 2FB Ford Motor Company 6F Ford Motor Company VEHICLE IDENTIFIER SECTION Canada Australia The 10th through 17th positions are used WMI Manufacturer 6G2 Pontiac Australia (GTO) as the Vehicle Identifi er Section or VIS. 2FC Ford Motor Company 6H General Motors-Holden This is used by the manufacturer to iden- Canada 6MM Mitsubishi Motors Australia tify the individual vehicle in question. 2FM Ford Motor Company 6T1 Toyota Motor This may include information on options Canada Corporation Australia installed or engine and transmission 2FT Ford Motor Company 8AG Chevrolet Argentina choices, but often is a simple sequential Canada 8GG Chevrolet Chile number. In fact, in North America, the 2FU Freightliner 8AP Fiat Argentina last fi ve digits must be numeric. 2FV Freightliner 8AF Ford Motor Company 2G General Motors Canada Argentina North American Model Year 2G1 Chevrolet Canada 8AD Peugeot Argentina One consistent element of the VIS is 2G2 Pontiac Canada 8GD Peugeot Chile character number 10, which is required 2HG Honda Canada 8A1 Renault Argentina (in North America) to encode the model 2HK Honda Canada 8AK Suzuki Argentina year of the vehicle. 2HM Hyundai Canada 8AJ Toyota Argentina 2M Mercury 8AW Volkswagen Argentina North American Plant Code 2T Toyota Canada 93V Audi Brazil Another consistently-used element 2WK Western Star 9BG Chevrolet Brazil (which is compulsory in North America) 2WL Western Star 935 Citroën Brazil is the use of the 11th character to encode 2WM Western Star 9BD Fiat Brazil the factory of manufacture of the vehicle. 3FE Ford Motor Company 9BF Ford Motor Although each manufacturer has their Mexico Company Brazil own set of plant codes, their location in 3G General Motors Mexico 93H Honda Brazil the VIN is standardized. 3H Honda Mexico 9BM Mercedes-Benz Brazil 3N Nissan Mexico 9BS Scania Brazil 3VW Volkswagen Mexico 93Y Renault Brazil 4F Mazda USA UU1 Renault-Dacia 4M Mercury Romania-Pitesti 4S Subaru-Isuzu Automotive 93R Toyota Brazil 4T Toyota 9BW Volkswagen Brazil 4US BMW USA Continued on page 22 > Eagle’s Eye Page 22

HOW-TO: VIN—VEHICLE IDENTIFICATION NUMBER & HOW TO READ IT

MODEL YEAR ENCODING WORKED EXAMPLE Besides the three letters that are not allowed in the VIN itself (I, O and Q), the letters U and Consider the hypothetical VIN 1M8GD- Z and the digit 0 are not used for the year code. Note that the year code can be the calendar M9A_KP042788, where the underscore year in which a vehicle is built, or a model or type year allocated by the manufacturer. will be the check digit. The year 1980 is encoded as “A,” and subsequent years increment through the allowed letters, so that “Y” represents the year 2000. 2001 through 2009 are encoded as the digits VIN: 1 M 8 G D M 9 A _ K P 0 4 2 7 8 8 1 through 9, and subsequent years are encoded as “A,” “B,” “C,” etc. Value: 1 4 8 7 4 4 9 1 0 2 7 0 4 2 7 8 8 Code Year Code Year Code Year Code Year A 1980 L 1990 Y 2000 A 2010 Weight: 8 7 6 5 4 3 2 10 0 9 8 7 6 5 4 3 2

B 1981 M 1991 1 2001 B 2011 Products: 8 28 48 35 16 12 18 10 0 18 56 C 1982 N 1992 2 2002 C 2012 0 24 10 28 24 16 D 1983 P 1993 3 2003 D 2013 The sum of all 16 products is 351. Divid- E 1984 R 1994 4 2004 E 2014 ing by 11 gives a remainder of 10, so the F 1985 S 1995 5 2005 F 2015 check digit is “X” and the complete VIN G 1986 T 1996 6 2006 G 2016 is 1M8GDM9AXKP042788. ■ H 1987 V 1997 7 2007 H 2017 J 1988 W 1998 8 2008 J 2018 References K 1989 X 1999 9 2009 K 2019 1. United States Federal VIN Requirements (Title 49, Chapter V, Part 565) CHECK DIGIT CALCULATION First, fi nd the numerical value associated with each letter in the VIN. (I, O and Q are not allowed.) Numerical digits use their own values.

A: 1 J: 1 F: 6 W: 6 B: 2 K: 2 S: 2 G: 7 P: 7 X: 7 C: 3 L: 3 T: 3 H: 8 Y: 8 D: 4 M: 4 U: 4 R: 9 Z: 9 E: 5 N: 5 V: 5

Second, look up the weight factor for each position in the VIN except the 9th (the position of the check digit).

1st: x8 5th: x4 10th: x9 14th: x5 2nd: x7 6th: x3 11th: x8 15th: x4 3rd: x6 7th: x2 12th: x7 16th: x3 4th: x5 8th: x10 13th: x6 17th: x2

Third, multiply the numbers and the numerical values of the letters by their assigned weight factor, and sum the resulting products. Divide the sum of the products by 11. The remainder is the check digit. If the remainder is 10, the check digit is the letter X. Valid check digits also run through the numbers zero to 9. Eagle’s Eye Page 23

NDIA 2009 NATIONAL CONFERENCE The NDIA Conference Committee is pleased to announce DAYTONA BEACH, FLORIDA has been selected as the location for the NDIA National Conference for 2009. The dates are Thursday, April 2, 2009- Friday, April 3, 2009.

For this year’s program we are Attorney James Cooney from memory and interrogating pleased to have three Keynote Charlotte, North Carolina, witnesses, he co-developed Guest Speakers. These include will also be giving a Keynote the Cognitive Interview, a H. Dean Steward, prominent Presentation on the Duke questioning technique that en- California criminal defense Lacrosse Rape Case. He se- ables witnesses to recall more attorney and former Federal cured a dismissal for his cli- information about a witness Public Defender who recently ent, Reade Seligmann, in that event. He was authored many represented Lori Drew, who case. His presentation will publications on the Cognitive was charged in Federal Court discuss the role of the District Interview techniques. Hilton Daytona Beach in Santa Ana, California with Attorney and the scope of the Oceanfront Resort setting up a hoax MySpace police misconduct in the in- The Daytona Beach Hilton 100 North Atlantic Avenue site. Her case drew national vestigation. The third Keynote will be the host hotel. It is Daytona Beach, FL 32118 and international attention due Speaker will be Dr. Ronald P. located on the beachfront to it’s implication regarding Fisher from the Florida Inter- and boardwalk in downtown Reservations: 386-254- the use of the Internet to com- national University. Through Daytona Beach. The Daytona 8200 or 866-536-8477 mit alleged criminal activity. his research of eyewitness Beach Hilton has 744 newly renovated spacious guest Room Rate: $117 rooms and is within walking 2009 Per Diem Rate distance to many attractions in Conference Fee: $225 the local area. Daytona Beach Member; $300 Non-Member is most famous for hosting the (Early Registration) annual Daytona Beach 500 $260 Member; $340 Non- at the Daytona International Member (Late Registration) Speedway. Within walking distance of the hotel you will fi nd the Ocean Walks Shops and Movies. Reservations can be made at this time. Make your reservations early. Be sure to mention our group name and request the gov-

Continued on page 24 > Eagle’s Eye Page 24

NDIA 2009 NATIONAL 2009 NATIONAL CONFERENCE AGENDA CONFERENCE APRIL 1: FEDERAL DAY TRAINING

ernment rate when mak- THURSDAY, APRIL 2 ing your reservations at 8:30-9:00 am OPENING REMARKS Daytona. Daytona Beach Robert Wesly, Public Defender for Orange & Osceola Counties, Hilton, 100 North Atlantic Ninth Judicial Circuit Avenue, Daytona Beach, Florida 32118. Their phone 9:00-10:30 am PLENARY SESSION, Investigative Lessons number is (386) 254-8200. from the Duke Lacrosse Case, Jim Cooney The Hotel website is www. 10:45-12:15 pm BREAKOUTS daytonabeachhilton.com. Mortgage Fraud, Kevin Tate & Margaret Hix You may view it for pic- Sexual Abuse Investigation, Mark Murnan tures of this lovely beach The Future is Now: Native File E-Discovery, Pam Bishop Internet Research, Terry Walling front resort. The Daytona Beach Hilton has reserved 12:15-1:30 pm LUNCH ON OWN a block of rooms at the prevailing government 1:30-3:00 pm BREAKOUTS rate, currently $117.00; Computer Forensics - Beginning, Bruce Johnson & Troy Schnack Cellular Forensics (Triangulation), K. Gus Dimitrelos (single or double occu- Analyzing Social History Records, Betsy Biden & Melissa Kupferberg pancy). The total per diem Sentencing Mitigation in Child Pornography Cases, Kim Savo cost is $156.00 (based on 2008 fi gures). 3:15-4:45 pm BREAKOUTS Selecting and Working with Mental Health Experts, Betsy Biden & Melissa Kupferberg For federal employees, the Homicide Investigations, Brandon Perron Federal Judicial Center Forensic Visual Communication, Brian K. Anders & Cliff Cameron will hold its training on Complex Fraud Investigations, William Michaelson Wednesday, April 1, 2009, 5:00 pm NDIA GENERAL BUSINESS MEETING at the same location. If you have any questions about 6:30-9:00 pm PRESIDENT’S RECEPTION the NDIA National Con- ference in Daytona Beach, FRIDAY, APRIL 3 Florida, please view the NDIA website at www. 8:30-10:00 am GENERAL SESSION, Cognitive ndia.net (including the Interviewing, Dr. Ronald Fisher conference agenda) and please feel free to call ex- 10:15-11:45 am BREAKOUTS Cognitive Interviewing Part II, Dr. Ronald Fisher ecutive secretary Beverly DNA=Do Not Answer: What Did The Police Lab Miss?, Genetic Davidson at (860) 635- Technologies 5533, Conference Com- Computer Forensics - Advanced, Bruce Johnson & Troy Schnack mittee Member Colleen Profi ling Using Internet Resources or Other Topic, Michelle Stuart Flanagan-Taylor at (973) 11:45-1:00 pm LUNCH ON OWN 645-6347, or Conference Co-Chairman Mark Neer 1:00-2:30 pm BREAKOUTS at (213) 894-5060. Paralegal Roundtable: Practical Suggestions, Jan Kullberg & Panel Investigator Roundtable: Practical Suggestions, Tom Hinton & Panel Defending Child Pornography Cases with Computer Forensics, See you in Daytona Kevin Ripa Beach. 2:45-4:15 pm PLENARY SESSION, Ethics & My-Space, H. Dean Steward ■ Mark Neer 4:30-5:00 pm CLOSING REMARKS, Certifi cates Presented Eagle’s Eye Page 25

2009 NATIONAL CONFERENCE DAYTONA BEACH, FLORIDA • APRIL 1-3, 2009 HILTON DAYTONA BEACH OCEANFRONT RESORT 100 North Atlantic Ave. • Daytona Beach, FL 32118 (386) 254-8200 for Hotel Reservations ($117 Per Diem Rate) www.daytonahilton.com

FEDERAL DAY TRAINING: APRIL 1. Register through FJC or check with your AO.

REGISTRATION FORM

Name: ______

Agency/Firm: ______

Address: ______

City: ______State: ______Zip: ______

2009 NDIA Member? ❑ Yes ❑ No Member # ______

Phone: ______E-Mail ______

Fax: ______Cell: ______Pre-Registration BEFORE 1/31/09: Registration BEFORE 3/17/09: Registration AFTER 3/17/09: ❑ $175 Member ❑ $225 2009 Member ❑ $260 2009 Member ❑ $250 Non-member ❑ $300 Non-member ❑ $340 Non-member ❑ $325 Member/Non-Hilton ❑ $360 Member/Non-Hilton ❑ $400 Non-Member/Non-Hilton ❑ $440 Non-Member/Non-Hilton NOTE: Attendees NOT staying at the Hilton who are not residence of Daytona Beach are being charged an additional $100 Registration Fee. The fee will NOT be assessed if the hotel is full.

AMOUNT ENCLOSED: ______Please make check payable to: NDIA

Check Type of Payment: ❑ Check/Money Order enclosed ❑ Agency Voucher Enclosed ❑ MC ❑ VISA ❑ Amex ❑ Discover (NOTE: There is a $35 fee for checks returned for insuffi cient funds or credit card declines)

Card Number: ______Billing Zip Code: ______

Name on Card: ______Expiration Date: ______Security Code: ______

Signature: ______

Please make check payable CONFIDENTIALITY PLEDGE: to “NDIA” and mail to: This pledge MUST be read and signed before NDIA NDIA, Beverly Davidson will be able to process to process your registration! 460 Smith Street, Ste. K Middletown, Ct 06457 I hereby acknowledge that materials and informa- tion provided in this packet, at this seminar (April 1-3, 2009), and on the CD Rom are confi dential NDIA Tax ID# 85-043-5581 information and may not be disclosed except to other defense practitioners. This information refl ects Individuals must make their own hotel thoughts, opinions, impressions, and strategies with reservations no later than March 10, 2009 regard to previous and ongoing cases, and as such, to get the prevailing per diem rate ($117). is protected under the attorney-client privilege and work product doctrine. The materials provided at the Reservations will be taken on a fi rst come fi rst seminar and on this CD Rom are licensed to partici- serve basis. CUT OFF DATE FOR RESERVA- pants for use in defense of criminal cases only, and TIONS AT PER DIEM RATE IS MARCH 10,2009. any other use or distribution is a violation of copyright For reservations, call the Dayton Beach Hilton laws and the attorney’s ethical obligation. By signing at (386) 254-8200 and identify yourself as being this pledge, I agree to abide by this understanding with the NDIA in order to receive the prevailing and to keep all information privileged. My signature government rate ($117 per night). Call Beverly also indicates that I am involved in the defense of Davidson, (860) 635-5533, at NDIA for further persons accused in criminal cases and I do not work information, or email her at [email protected]. The for the prosecution or a law enforcement agency. fax number is (866) 668-9858. You can also register via the NDIA website, www.ndia.net. Signature ______Date ______Eagle’s Eye Page 26

NDIA SCHOLARSHIPS & EARLY REGISTRATION FEDERAL DEFENDER INVESTIGATOR AND he National Defender Investigator Association will be of- fering additional scholarships to the National Conference PARALEGAL TRAINING Tin Daytona Beach this year. There will be two scholarships offered per region (Northeast, Southeast, Midwest, and West). One The Federal Judicial Center (FJC) will hold its national scholarship for each region will include a one-night stay at the seminar for federal defender investigators and paralegals conference hotel plus conference registration fee. This scholarship/ on Wednesday, April 1, 2009, at the Hilton Dayton Beach hotel package will only be available to those who register with the Oceanfront Resort in Daytona Beach, Florida. This semi- Early Bird incentive, which means registering prior to January 31, nar immediately precedes the NDIA Conference which 2009. The second scholarship for each region will ONLY include runs from Thursday, April 2 to Friday evening, April 3, the registration fee, and recipients will be responsible for their 2009. own rooms. The conference is being developed with an advisory Interested applicants must be members in good standing of NDIA group of trainers, investigators, and paralegal special- and should contact their Area Director to apply. The deadline to ists from around the country and the Offi ce of Defender apply is 60 days before a conference if you are interested in the Services. The FJC will provide further information about Early Bird Scholarship or 30 days before the conference for the the seminar to all federal defender offi ces as soon as it Registration Fee Only Scholarship. If there are more than eight is fi nalized. applicants for a conference, the Board will award the scholarships. Any questions concerning the scholarships should be directed to Please feel free to contact Chuck Arberg, Federal Judicial any member of the Board of Directors or Beverly Davidson at the Center, via e-mail at: [email protected]. NDIA offi ce, (860) 635-5533.

■ Beverly Davidson

NDIA 2009 ANNUAL BUSINESS MEETING

The 2009 Annual Business Meeting of the National Defender Investigator Association will be held on Thursday, April 2, 2009, 5:00 pm, at the Hilton Daytona Beach Oceanfront Resort, 100 North Atlantic Avenue, Daytona Beach, Florida (room location TBA.) The meeting will take place during the 2009 NDIA National Conference. The NDIA Annual Business Meeting is open to all members in good standing. Any such member may vote on NDIA business agenda items and bring matters not listed on the agenda up for discussion.

■ William Smith, Secretary/Treasurer Eagle’s Eye Page 27

In Memoriam ROSS CRESPY

On Friday, October 31, 2008, Ross Crespy, a noted criminal defense investigator from the San Diego area passed away after an eighteen month fi ght with cancer. Ross was UPDATE: born on January 29, 1955 and was 53 years old. He was the middle sibling of three. He CLARENCE operated Gold Shield Intelligence Agency, www.goldshieldia.biz. SHORT Ross started out in the law enforcement fi eld. Upon completing his time there, he became Marvin Jeffcoat spoke with Clarence Short on January 6, one of the many to move over to the criminal defense side of the profession. Ross was 2009. Clarence was very up- a private investigator who conducted criminal defense investigation and specialized in beat and stated that he should be heading home in two weeks DUI cases. In fact, Ross had his own listserve [email protected]. Ross if possible. His son came home was a member of the [email protected], the DefenseTeam@yahoogroups. and did some work on Clar- ence’s house to make it handi- com, [email protected], and [email protected]. cap accessible. In the mean- time, Clarence has an appoint- ment with the V.A. hospital to Ross was an involved and giving individual and would always respond to anyone that see what type of assistance they can provide to him. had a question, an experience, a concern, or just needed a sounding board on a case. He proved guidance and made recommendations frequently, and was a particularly helpful “He wanted to thank each of you for your thoughts and contact in the Southern California area, if one needed assistance there. Comments from prayers and to let you know that he will not be coming to the the family indicated that Ross did not let them know of the extent of his illness. They Nationals in Daytona in April,” said, “Ross was a giver and did not wish to take anything from anyone.” said Jeffcoat. Jeffcoat also hoped to see him that Friday at the Rehabilitation and Health There were no memorial services; however, sentiments and donations can be left at the of Gastonia facility located off of Highland and Airline. American Cancer Society Mosaic of Hope page for Ross. (To go to Ross’ page at the

“I will keep you posted and Mosaic, simply copy and paste this URL into your browser: http://main.acsevents.org/ continue to keep Clarence site/TR/Events/MosaicofHope?pg=fund&fr_id=9910&pxfi d=365026) and his family in your thoughts and prayers,” Jeffcoat con- cluded. ■ ■ Tommy Luongo Eagle’s Eye Page 28

New Fingerprint removed. They conducted a Professor Rob Hillman of Breakthrough By Forensic study into the way fi ngerprints the Department of Chemistry Scientists can corrode metal surfaces. added: “It is very satisfying to The technique can enhance - see excellent fundamental sci- after fi ring- a fi ngerprint that ence being applied to a practi- Public Defender Hires 12, has been deposited on a small cal problem. We are delighted Fires 14 Employees calibre metal cartridge case to have the opportunity to before it is fi red. collaborate with Dr. Bond and News From Jessie his colleagues and we look Hayward, Director Of Dr John Bond, Honorary Fel- forward to some very exciting Investigations, Offi ce Of low at the University of Le- chemistry and its application to The Public Defender icester and Scientifi c Support forensic science.” Manager at Northamptonshire Police said: “For the fi rst time As a result of the research, we can get prints from people cases dating back decades who handled a cartridge before could be reopened because the it was fi red.” underlying print never disap- NEW FINGERPRINT pears, say the scientists. The BREAKTHROUGH BY “Wiping it down, washing it technique also works in cases FORENSIC SCIENTISTS in hot soapy water makes no where prints may be left on University of Leicester and difference - and the heat of the other metals. Northamptonshire Police shot helps the process we use. research reveals new tech- Dr Bond added: “It’s certainly

Latest News niques for identifying prints “The procedure works by ap- possible hundreds of cold cases on metal plying an electric charge to a could be reopened because metal - say a gun or bullet - with this method the only way University of Leicester, Issued which has been coated in a fi ne to avoid a fingerprint being on 2 June, 2008 conducting powder, similar to detected is through abrasive that used in photocopiers. cleaning as that takes a layer Forensic scientists at the Uni- off the metal. versity of Leicester, working “Even if the fingerprint has with Northamptonshire Police, been washed off, it leaves a Dr Emma Palmer, Director of have announced a major break- slight corrosion on the metal the Forensic Research Cen- through in crime detection and this attracts the powder tre said: “This collaboration which could lead to hundreds when the charge is applied, between the University of of cold cases being reopened. so showing up a residual fi n- Leicester and Northampton- gerprint. shire Police is an excellent The University’s Forensic Re- example of applying research search Centre has been work- “The technique works on ev- to a practical problem in crime ing with Northamptonshire erything from bullet casings detection.” Police’s scientifi c support unit to machine guns. Even if heat to develop new ways of tak- vaporises normal clues, police Dr Bond and Professor Rob ing fi ngerprints from a crime will be able to prove who Hillman of the Chemistry De- scene. handled a particular gun.” partment at the University now intend to take this research Researchers in the University Dr. Bond’s initial findings, forward via a three-year Ph.D. Department of Chemistry and which prompted the joint study, studentship to commence next the Police’s scientific sup- have been announced in a pa- academic year. The new project port unit have developed the per in the American Journal of will explore further the cor- method that enables scientists Forensic Science. rosion of metal by fi ngerprint to ‘visualise fi ngerprints’ even residue and investigate how it after the print itself has been Continued on page 29 > Eagle’s Eye Page 29

LATEST NEWS, CONTINUED… might be used to detect more Richards, who resigned last staunch supporters,” he said. Owens said he expects to re- crime with forensic science. week, was an assistant public “In my mind, that doesn’t hold lease a list of the other 10 at- defender who was endorsed by water.” torneys hired today. For more information, please retiring Public Defender Jack contact Dr John Bond via Behr. Her campaign manager, Those shown the door Tuesday Tuesday night, Owens and University of Leicester press Assistant Public Defender El- will receive no severance pay Henderson were at the Escam- offi ce: 0116 252 3335. ton Killam, also resigned last or accrued vacation pay, offi ce bia County Jail to speak with week. manager Cindy Pedersen said. inmates the offi ce represents Those with 10 years of service in preparation for hearings “The bottom line is that this is or more are allowed by state today. PUBLIC DEFENDER HIRES total political retaliation,” said law to collect 25 percent of all 12, FIRES 14 EMPLOYEES Clint Merritt, 34, a four-year accumulated sick leave up to Alleged Threats investigator who was among 480 hours. Tuesday culminated an unusual Pensacola News Journal, Kris those fired. “He’s trying to sequence of events regard- Wernowsky • kwernowsky@ make the place more effi cient The 12 attorneys Owens hired ing alleged threats to Owens’ pnj.com • January 7, 2009 by terminating people who included his Democratic op- safety. have worked here for 20-plus ponent, Tony Henderson, who Public Defender James Owens years - good employees - and is a longtime assistant public At 4:59 p.m. Friday, Owens fi red at least 14 of his 125 em- replacing them with riffraff.” defender but resigned to seek ordered the more than 60 em- ployees and hired 12 attorneys the top job. ployees of the Pensacola offi ce on Tuesday, the day he was Seven of the 14 fi red employ- to clean out their desks before sworn into offi ce. ees contributed to Richards’ Owens and Henderson are the end of the workday Mon- campaign. At least fi ve others longtime friends. They played day. Employees in Santa Rosa, After taking the oath of offi ce were known Richards support- on the Milton High School Okaloosa and Walton county from Circuit Judge Ron Swan- ers but didn’t make a contribu- football team together, and offi ces were not affected. son in Milton, Owens publicly tion. Henderson was best man in addressed the pink slips. Owens’ wedding. Over the weekend, Owens Owens said politics did not revealed that someone made a He said the three attorneys, fi ve play a role in his decisions. Also hired was Ken Ridle- threat of violence toward him. investigators and six support hoover, a defense attorney in He said he wanted to have the workers were laid off to make “There were people who were private practice. He donated office searched for weapons the offi ce more effi cient and to supporters of Kelly who are $1,000 to Owens’ campaign. should anyone being fired allow for the hiring of more at- still in this offi ce today, very choose to retaliate. torneys for the courtroom. No one was allowed to return to “I was told when I became the offi ce until 8 a.m. Tuesday, public defender, don’t make and they had to go through the any waves, don’t let anyone M.C. Blanchard Judicial Build- go, keep the status quo and you ing and its metal detectors. won’t have an opponent in four years,” Owens said. “My plan “That was nothing but a diver- is with my platform. We’ve got sion to get everybody to clean to restructure our offi ce.” their desks out because he knew some of us were not com- The fired employees com- ing back,” said Carol Freeman, plained that the common de- 54, who was fi red after 26 years nominator among them was as a legal assistant. their support for Owens’ oppo- nent, Kelly Merritt Richards, in the Republican primary. James Owens, Public Defender Continued on page 30 > Eagle’s Eye Page 30

LATEST NEWS, CONTINUED…

As the employees fi ltered in Assistant Public Defender John ham, offi ce manager in Shali- tion. Ms. Simmons began her Tuesday morning, a reception- Nugent was set to pick a jury mar; Tim Brown, investigator; career with the Offi ce of the ist detained them in the Public in front of Circuit Judge Nick and Jim Tongue, attorney. Public Defender in 1991, and Defender’s Offi ce lobby. The Geeker on Monday morning, has consistently distinguished receptionist called Owens to but the trial was delayed be- herself as a self motivated and announce each arrival. cause he was unsure whether highly skilled investigator. For he’d have a job Tuesday. NEWS FROM JESSIE the majority of the last several Owens then appeared at the HAYWARD, DIRECTOR OF years Ms. Simmons has been door to the lobby and directed His instinct was right. He was INVESTIGATIONS, OFFICE an integral part of the Union each employee to his or her of- fi red. OF THE NEW JERSEY STATE County Drug Court Team. Ad- fi ce or to the law library. PUBLIC DEFENDER ditionally, she has continued to “It’s a good thing I asked for roll up her sleeves and assist Those told to report to their a continuance or my poor boy Effective February 2, 2009, I in the investigative support offi ces were safe. Those told would be sitting up there right am pleased to announce the for other Union Trial Region to report to the law library now with a jury and no attor- following promotions: case work whenever the need were fi red. ney,” Nugent said. has arisen. Ms. Simmons’ Gerri Reed-Harris, Acting unfaltering commitment to the Several of those beckoned into “All you were doing was try- Chief Investigator, Union Trial Union Trial Region, this entire the law library said at least ing to protect your clients,” Region and Adrianne Sim- agency, and our mission makes three Escambia County depu- Merritt said. mons, Assistant Chief Investi- her the perfect choice for As- ties were present when Owens gator, Union Trial Region sistant Chief Investigator. told them they were fi red. “And I got the ax,” Nugent said. Gerri Reed-Harris holds a Please join me in wishing, Ms. Eleven of the fi red employees Bachelor of Arts Degree from Reed-Harris and Ms. Simmons worked in the Pensacola of- Jessica Mixson, 22, recently Rutgers University. Ms. Reed- success in their new assign- fice; three others worked in graduated from the University Harris began her career with the ments. ■ Okaloosa County. of West Florida with a legal Offi ce of The Public Defender studies degree and got a job in 1983. In 2006, she became The Gathering eight months ago doing re- an Assistant Chief Investigator The former employees gathered search in the Public Defender’s in the Offi ce of Law Guardian. outside the Judicial Center. Offi ce. During her tenure as Assistant They called family members Chief Investigator, Gerri has and friends, hurled expletives “I just bought a house and a built a well deserved reputation and talked of suing Owens. car,” she said. “He just told as a consummate professional. me my services were no lon- Ms. Reed-Harris is a highly Freeman, 54, and Hazel Smith, ger needed. Then he gave me conscientious, effective super- 68, a 29-year legal assistant, a hug.” visor with superb innate and were the first two told that learned skills. Her tenacious, “their services were no longer Confi rmed dismissals include: methodical, systematic “get needed.” Carol Freeman, legal assistant; the work done” approach will Hazel Smith, legal assistant; be a tremendous asset to the “The only reason I can think Clint Merritt, investigator; Kim Union Trial Region and the of is that I supported Kelly Stansel, information technol- entire agency. Richards,” Freeman said. “I ogy; Richard Wallace, investi- had no words against him in gator; David Alverson, inves- Adrianne Simmons holds a the campaign.” tigator; Paul Hamlin, attorney; Bachelor of Arts Degree from Kathy Pride, legal assistant; Rutgers University and has “It’s just so humiliating after John Nugent, attorney; Jessica earned one year of training 29 years,” Smith said, trying Mixson, legal research; Crystal with Rutgers’ Graduate Pro- not to cry. Ward, investigator; Gina Gra- gram in Public Administra- Eagle’s Eye Page 31

WELCOME NEW 2009 MEMBERS

Alberto, Deborah Gergis, George Knight, Melvin Saiki, Rod Southern Ctr. for Human Rights Investigative Support Unit, Inc. Central VA Capital Federal Public Defender Atlanta, GA South Bend, IN Defender Offi ce Portland, OR Richmond, VA Anderson, Fredrick Glennon, Michael Schaerrrer, Mark Federal Public Defender Criminal Confl ict Civil Krzyzanek, Tom Utah Federal Defender Offi ce San Francisco, CA Regional Counsel Federal Defenders of Salt Lake City, UT Port St. Lucie, FL E, WA & ID Baker, Melissa Spokane, WA Schnack, Sandy The Defender Association Gomez, Rolando Offi ce of the Federal Seattle, WA Federal Public Defender LaRose, Sheila Public Defender McAllen, TX The Defender Association Kansas City, KS Beeman, Greg Seattle, WA Spokane County Public Defender Gonzalez, Victor Schriver, Mike Spokane, WA Federal Public Defender Lewis, Elizabeth Federal Public Defender Fresno, CA Federal Public Defender Springdale, AR Boudreau, Kevin Los Angeles, CA Federal Public Defender Gort, Melissa Serino-White, Monique Highland, MI Orange County Alterate Defender McBee Marquez, Martha Cook County Public Defender Santa Ana, CA Federal Defenders E, WA & ID Chicago, IL Burton, Jennifer Yakima, WA Greenville County Gregory, Kim Slevnik, Michael Public Defender Will County Public Defender Miranda, Earl Slevnik Investigations Greenville, SC Joliet, IL ND Federal Defenders Offi ce Homewood, IL Fargo, ND Charles, Scott Harris, Kristine Sudler-Brooks, Kali Federal Public Defender Utah Federal Defender Offi ce Mitchell, Jan Federal Public Defender Oklahoma City, OK Salt Lake City, UT Federal Public Defender Wilmington, DE Cleveland, OH Contreras, Eduardo Hayden, David Sullivan, Filomena Federal Public Defender Public Defender Offi ce Murray, Donna Offi ce of the Public Defender Albuquerque, NM Suffolk, VA Offi ce of the Public Waterford, CT Defender, 20th DeLorenzo, Lisa Jacobs, Mark Cape Coral, FL Torres, Marlon Offi ce of the Public Defender Federal Public Defender The Defender Association Waterbury, CT Oklahoma City, OK Patel, Monish B. Seattle, WA Patel Law Offi ce Devito, Kenneth Jones, Gail Indianapolis, IN Tucker, Kerry Offi ce of the Public Defender Federal Public Defender SDIL Private Detective-CJA Milford, CT Benton, IL Perry, Judy Moorestown, NJ Orange County Public Defender Eggertsen, Burton Jones, Cathy Santa Ana, CA Williamson, Jill The Defender Association VA Indigent Defense Comm. The Defender Association Seattle, WA Richmond, VA Pierce, Matthew Seattle, WA MPI Evans, Jr., Guy Kirkman, John Urbandave, IA Wims, Carla Hampton Public Defenders J.M. Kirkman Investigations Equitable Justice Solutions Hampton, VA Sacramento, CA Priess, Amy Indianapolis, IN Offi ce of the Public Defender Fabrizio, Leslie Kirkman, Janet New London, CT Windle, Dina Will County Public Defender J.M. Kirkman Investigations Offi ce of the Public Defender Joliet, IL Sacramento, CA Roberson, Scott Cape May, NJ Steve W. Sumner, Atty. at Law Forte, Sarah Knapp, Raelee Greenville, SC Young, Fred Southern Ctr. for Human Rights Federal Public Defender Spokane County Public Defender Atlanta, GA Denver, CO Ruth, Cindy Spokane, WA Will County Public Defender Joliet, IL Eagle’s Eye Page 32

NDIA 2008-2009 ADVERTISING RATES NEWSLETTER AND MEMBERSHIP DIRECTORY WEBSITE

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The National Defender Investigator Association’s (NDIA) newsletter, receives a copy upon payment of their annual dues, via the website The Eagle’s Eye, is e-mailed to members of the Association through- Member Only section, or, if requested, a hard copy. out the United States, on a quarterly basis. It is also posted on the NDIA Member Section of the web site. NDIA membership consists All advertising is due and payable with insertion order. There is a of over 1,200 members, which include investigators, paralegals, 20% discount for nonprofi t organizations. All advertising is subject mitigation specialists, and attorneys. to approval. Ads can be sent as hard copies, graphic fi les, or as camera-ready. We have the ability to design the graphics using NDIA is the only national organization to represent a constituency PageMaker or Quark Express. Material cannot be returned. If you dedicated solely to the investigative arm of indigent defense. NDIA’s have any questions regarding how to send your ad or deadlines, you purpose is to provide leadership, training, and education for crimi- can contact Beverly Davidson at the NDIA offi ce at (860) 635-5533 nal defense investigators. For our annual directory, each member or [email protected]. Thank you for your support of NDIA.

NDIA MEMBER BENEFITS

The NDIA is the only national organization to represent a BENEFITS INCLUDE: constituency dedicated solely to the investigative arm of indigent • subscription to the NDIA newsletter defense. • members only reduced fees to all training conferences

Please contact Beverly Davidson at the NDIA offi ce if you are • opportunity to obtain NDIA’s professional certifi cation interested in joining one of the NDIA Committees: Certifi cation; • continuing education credit hours and support

Membership; Conference; Continuing Education; Newsletter; • an annual membership directory Resolution; Investigative Manual or Ad Hoc. • access to the Members Only area of our web site Page 33 Eagle’s Eye

NDIA MEMBERSHIP RENEWAL & APPLICATION FORM 2009 NDIA Member: Your National Defender Investigator Association dues for 2009 are due. Please remit a check, money order, or credit card to NDIA with this form. Make any necessary changes in address, etc. on the form. MEMBERSHIP IS BASED ON THE CALENDAR YEAR JANUARY - DECEMBER.

Check One: Name: ______❑ Renewal (Enter Member #)

______Agency: ______❑ New Applicant Address: ______Type of Membership: Street: ______❑ $40 (1 Calendar Year) ❑ $65 (2 Calendar Years) Suite/Floor: ______❑ $90 (3 Calendar Years)

City: ______State: ______Zip: ______Amount Enclosed: ______Work Phone: ( ) ______Credit Card: ❑ MC ❑ Visa ❑ AMEX ❑ Discover Fax Number: ( ) ______

Card #: ______Cell Phone: ( ) ______Expiration: ______Email: ______Signature: ______

TYPE OF MEMBERSHIP:

❑ Regular Member (Any Person who is employed as an Investigator by any Federal, State, County, or Municipal agency or organization whose primary purpose is court-appointed criminal defense, including court-appointed civil litigation associated with criminal cases, (i.e. Habeas, Appellate, etc.), or in any Federal, State, County, or Municipal agency or organization whose primary purpose is a combination of court-appointed criminal defense and civil litigation.)

❑ Associate Member (Persons actively engaged in criminal defense work, to include on a part-time basis.)

I am presently employed as: (check one only) ❑ Investigator ❑ Paralegal ❑ Mitigation Specialist ❑ Attorney ❑ Other

I am presently employed with: (check only one) ❑ Public Defender Offi ce ❑ Legal Aid Society ❑ Community Defender Association ❑ Other

I certify that I have accurately represented my membership status listed above. I will notify NDIA of any changes.

Signature: Date:

PLEASE MAIL FORM TO: Beverly Davidson, NDIA, 460 Smith Street, Suite K, Middletown, CT 06457 Phone: (860) 635-5533 • Fax: (866) 668-9858 • E-mail: [email protected] • www.ndia.net NDIA UPCOMING EVENTS

April 1 Federal Defender Investigator and Paralegal Training See Page 26.

April 2 NDIA Annual Business Meeting See Page 26.

April 2 & 3 NDIA 2009 National Conference Daytona Beach, Fl See Page 23-26.