eagles’ eye NDIA • Volume 25 • August 2011

feature spotlight PI Brandon Perron Investigator of the Year Solves Life’s Riddles Edward McFarland

fi eld notes conferences Former Robbery Conference News Detective John Terry and Highlights 2 | National Defender Investigator Association

from the editor

Eagle’s Eye | August 2011 NDIA: National Defender Investigator Association 460 Smith Street, Suite B3 Middletown, CT 06457

Phone: 860-635-5533 Fax: (866) 668-9858 Email: [email protected] www.NDIA.net

y fi rst introduction to Brandon provided him a wealth of information, from NATIONAL DEFENDER Perron was through his book, which we hope you will benefi t. INVESTIGATOR MUncovering Reasonable Doubt: Th e Component Method, which I read during my Wanda Rivera provides us with a review of fi rst week as a Public Defender Investigator. this year’s NDIA National Conference in I would agree with Glen R. Swift of P. I . Huntington Beach, California. We have Magazine that it was “a turning point for highlights and pictures of this year’s upcom- the profession.” Brandon Perron has helped ing NDIA Regional Conference in Denver, changed the face of criminal defense. His Colorado, and an article on the 2012 NDIA founding of and work with Th e Criminal National Conference in Atlanta, Georgia. Defense Investigation Training Council has And in “Spotlight,” Patti Gallo interviews helped educate defense investigators from all Eddie McFarland, 2011 recipient of the around the United States. In this issue, Al Investigator of the Year Award. Tobin interviews him about his work with Solved, a new NBC pilot program, in which Finally, we will introduce our newest addi- Perron and his investigative team appear. tion to the Eagle’s Eye newsletter staff : Wanda Rivera and Cecilia Wood, our Copy Editors. We also sit down with another seasoned in- Th ey are proving to be invaluable additions vestigator, John David Terry, formerly of the to our team and should speed up the publi- DeKalb County, Georgia Police Department cation process tremendously. Ladies, thanks for an in-depth look at the investigation of for all your hard work. robbery. Terry has just begun his defense investigation career, but his nine years on the Happy Reading! force as a police offi cer and detective have James B. Tarter, Sr., Editor inside

NDIA 2011 General Offi cer Election 23 FIELD NOTES: Interview With Former SPOTLIGHT: Investigator of the Robbery Detective John Terry 24 Year Edward McFarland 38 2012 NATIONAL CONFERENCE: Atlanta 42 From the Editor 2 REGIONAL CONFERENCE: Denver 13 Another Year, Another Success! National Conference Highlights 32 From the President 3 NDIA ORGANIZATION INFO Advertising Rates 56 Building the Self-Help Libraries 36 Melissa Kupferberg NDIA Scholarship 17 Member Benefi ts 56 Membership Application 57 Newsletter Staff & Writers 54 Congratulations to the NDIA Investigator MEMBER AND INDUSTRY NEWS 46 Offi cers & Committees 55 and Paralegal of the Year! 18 Welcome New Members 20 NDIA Scholarships 18 FEATURE: From Rhode Island to The opinions & comments made Hollywood PI Brandon Perron Solves Nominations Open for 2012 throughout this newsletter are not Life’s Riddles 4 Investigator/Paralegal of the Year 19 necessarily those of the NDIA. NDIA | 3 from the president

“Dedication is not what others expect of you, it is what you give to others.”

— Author Unknown

reetings fellow NDIA members! I forum in which they provide vital informa- In the coming year the NDIA goals are: hope all of you are enjoying your tion and input. We will be adding features Improving our membership communica- Gsummer. such as an enhanced blog, a member forum tion, continuing professional development and the ability to complete the membership activities for our members, growing our Despite the challenges posed by tight bud- renewal process and conference registration membership and improving networking gets and restrictions on travel that impacted electronically. With these changes, we will opportunities. Please let me or any of the many of our members, the National Confer- be able to decrease our paper mailings and Board members know of other ideas you ence in Huntington Beach, California, was save your funds. have as to how we can serve you better go- a great success. Th e speakers were excellent, ing forward. We need your feedback. We with a great blend of diverse content and I can tell you that I consider it a pleasure to are constantly striving to improve, and your presentations. I was very proud to see the have been given the opportunity to get to opinions count. Furthermore, we hope that fi rst year recipients of the Melissa Kupfer- know and work with so many of the great the training meets your expectations. More berg’s scholarship at the conference. We people who make NDIA the outstanding importantly, we are an organization that hope it provided an opportunity to network organization that it is. We are a diverse cares about our clients and justice. I think with colleagues and participate in relevant organization with a wide array of interests, it is safe to say that the need has never been training and professional development. goals and perspectives. I hope that those greater than it is now to remain steadfast who attended came away from the confer- in preserving the Association’s core value Special thanks for continued support from ence refreshed and renewed. I further hope of educating the profession and servicing the Federal Branch Training Division in that the training provided members with our clients. addition to the Federal Defender Services. the knowledge and skills needed to per- I would also like to give a special thanks to form more eff ectively. Th anks to the NDIA Accordingly, we will work to continue to Lexis Nexus for their continued support as a Conference Committee and other NDIA build our Association and impact profes- key sponsor of the President’s reception. members who did a fi ne job of planning sional development for the clients that we and organizing it. We could not put on the serve. In summary, it is a huge honor to be Proceeds from our raffl e were donated to seminar without these volunteers. Commit- the President of such a diverse and vibrant the Idaho Inmate Education Fund of which tee members and instructors are critical to organization, and to represent the interests NDIA member, Denise Arellano, is the our success, and we greatly appreciate your of so many dedicated servants who are mak- program coordinator. Th e fund provides generous contributions. Th e NDIA is only ing a diff erence every day. education, reading materials, and legal as- as strong as our volunteers. sistance to individuals incarcerated. Enjoy the summer and be safe. I look for- If you were unable to attend this year’s con- ward to seeing you soon. At our Business Meeting, a motion was ference, mark your calendars for the regional passed to go green by instituting electronic conference in Denver, Colorado, September voting, conference updates, membership 15-16, 2011. Next year’s National Con- Teri Moore, President news, membership credentials and profes- ference will be in Atlanta, Georgia, April sional conduct. To this end, the Board of Di- 19-20, 2012. Th e Planning Committee is rectors is working closely with James Tarter, currently working on the next conferences, Website Administrator, to enhance our and your ideas for topics and speakers are website. Our vision is to redesign and update needed. areas on the website to enable interaction among members so that they may have a 4 | feature

From Rhode Island To Hollywood PI Brandon Perron Solves Life’s Riddles

randon Perron is on his belly in a tiny crawl space scraping charred Bremains off a wall back in Rhode Is- land. His house painter father, “Frenchy,” is telling him it’s a lesson in character building. Brandon’s adolescent mind doesn’t see this tough and dirty job teaching him much of anything except how to be miserable.

Th irty years later, Brandon is sitting in a fancy offi ce with a team of young NBC

feature Hollywood big-shots, who are kissing his ass and telling him they want to shoot a TV pilot that will be a reality show on his life. He’s wondering how the kid from Rhode Island got here. Move over Dog the Bounty Hunter, Brandon Perron, P.I., is in town.

“Th ey fl y me out to Los Angeles, pick me up in a limo, drive me to the studios which is cool, because there are all these people outside the gate who are looking in the Brandon Perron windows thinking there must be a celebrity inside,” Brandon recounted. “I tell the driver ‘don’t roll down the window. Th ey’ll only be “Th e diffi cult part of fi lming a real case for disappointed.’” television production was they have to re- duce 400 or 500 hours of investigation into The pilot show called Solved, (not too a 40 minute show,” Brandon said. “It has to much pressure there Brandon), can be make sense and that’s hard to do.” viewed on YouTube (www.youtube.com/ By Al Tobin watch?v=3JwIeiwJIvs). Th e footage for the Solved features Brandon’s work on two real show was shot in 2005 and 2006. Since then life cases, and it tracked the investigation in Brandon has moved on to dozens of other live time. Th e fi rst segment was a missing cases, but his year in TV-land extended his children case—the Carmichael case. Th e already estimable investigative abilities.

In this Youtube video with author, Will Ran- Perron investigates many types of cases, includ- dall, Brandon tracks down a kidnapper. ing homicides featurefeature | 5

PI Brandon Perron Solves Life’s Riddles, continued second involves classic criminal defense Th e Carmichael investigation takes the team investigation—the Hicks case. In both in- to a dive bar in Chattanooga where Brandon stances Brandon and his team successfully and his crew, including his wife, Amy, go feature clear the cases. undercover to develop whatever leads they can from the patrons and employees. All of Even if Solved never makes it to the televi- it is captured on fi lm. Th e team learns that sion, there is no question that Hollywood Laurie Carmichael and the children may execs are hot for Brandon. Th e show’s origi- be living with a hippie-like band of people nal concept involved a roundtable of private known as the “Rainbow Group” and that investigators. After meeting Brandon, the they may have been hiding in a remote area producers decided to base an entire show of Florida’s Ocala National Forest. around him. When you watch the video, you don’t see the Solved starts with a voice-over from Bran- button-cams and other cameras hidden in don. His New England “man-of-the-streets” the shoulders of the investigators’ clothing. accent is as thick as clam chowder. He com- pares his staff to an elite military team “... that solves the cases that law enforcement can’t solve.” Brandon isn’t some actor out of Central Casting. He’s the real deal, and it makes for good TV.

Brandon’s voice booms from the speakers attached to the LCD screen. “We’re solving America’s cases, and all the cases we take on are real.”

With police at a standstill, Tim Carmichael, who comes across as an All-American dad, hooks up with Brandon and his crew to fi nd his children, Dahlia, age seven, and Gabe, age four.

Th e kids have been gone 283 days when Brandon gets the case. Th ey were last seen in Chattanooga, Tennessee, with Carmichael’s ex-wife, Laurie Carmichael.

Allen Cardoza, of West Shield Investigation in Huntington Beach, California, is brought in to assist on the case. Cardoza is an expert Above: Perron and William Randall greeting in clearing non-custodial parental kidnap- their new client, “Patti,” who wants divorce pings. Like Brandon, Cardoza is a nationally papers, a restraining order and custody papers recognized expert. for the return of her child served on “David,” her future ex-husband. “I enjoyed working with Brandon,” he said. “We quickly became a very professional Below: A picture of “Patti’s” son, Joey. Cur- team in getting investigations done. Th e rently, the infant is with her husband, “Da- bottom line was, in the end, we had put vid,” who is alleged to be a child abuser and together a very good show.” carries a weapon. 6 | ffeatureeature

PI Brandon Perron Solves Life’s Riddles, continued

“We had to learn how to use undercover NDIA training sessions, and you’ll soon cameras and accessories mounted on our realize what that means. bodies to get production quality video,” Brandon said. “It took hours of practice.” “I see criminal defense investigators as a romanticized dragon-slayer of the 21st So imagine fi ve or six investigators wearing century,” Brandon explained. “I really do all sorts of hidden cameras and just as many see ourselves that way.” tech-support people from the TV produc- tion company undercover with them. It In Solved Brandon describes the cryptic not only challenged Brandon’s investigative role of defense investigators as being the abilities, but his abilities as a team leader. underdogs.

Some of the best footage is from the Ocala “The government, the prosecutor, law National Forest. Brandon and his crew enforcement, the judicial system, that’s dress-up like sky fathers and earth mothers as Goliath. I’m David.” they mix with the “Rainbow Group.” Th ey blend naturally, even with the emotionally One of Brandon’s biggest fears in the Hicks disturbed in the crowd. case was that the cameras would somehow have a negative impact on the outcome of Perron’s Wife, Amy Perron, PI, sits in on the At the end of the episode, state police fi nd the case. He insisted that in the fi eld NBC briefi ng. Laurie Carmichael near Bishop, California give him full command and control. and Tim Carmichael and his children are fi nally reunited.

“We fl ew in that case from Tennessee to California to Florida,” Brandon said. “We were in Louisiana. We had investigators in North Carolina.”

“We had all kinds of leads and confi dential informants working for us in diff erent loca- tions. What happened was one of the CI’s identifi ed the mother at a reservation in California. We had to let the information fl ow to the police in a way that no one knew feature a reward was being collected in the case.”

Th e second segment of Solved deals with the disturbing case of Mikey Hicks. Mikey Hicks is a 16-year-old from Fort Pierce, Florida, charged with murder. He is one of fi ve young men charged in the case. Th e seg- ment details how Perron, who is a criminal defense investigator at heart, proves Hicks’ Andre Stephenson, PI, another of Perron’s actual innocence. employees, listens in on a briefi ng about serv- ing a subpoena. In real life, Brandon comes across as a liv- ing, fi re-breathing anodyne to burnout and William Randall, author, also accompanies mediocrity. Attend one of his lectures or the team. featurefeature | 7

PI Brandon Perron Solves Life’s Riddles, continued feature

Perron lays out the strategy for going undercover to locate “David” and serve him the docu- ments.

“I didn’t want anyone screwing up our pur- One of the mistakes police made was iden- suit of evidence or, more importantly, our tifying Hicks as a likely gang member. Th e pursuit of the truth,” Brandon explained. police lined up guys outside a local conve- nience store, talked to them and fi lled out Brandon and his crew pull the rabbit out of fi eld interview cards. the hat when they fi nd an eyewitness who observed the slaying. She tells Brandon and Hicks had been staying at his sister’s house, his team she saw fi ve black guys attack the which was a block away from the conve- victim: Mikey Hicks is white. Th e eyewitness nience store. He was at the store when the is a woman the police had never interviewed. police were doing the fi eld interview cards. Solved’s hidden cameras capture the conver- sation on tape. Hicks was one of many people photo- graphed and interviewed that day. One of With two weeks to go to trial, the state the suspects arrested had mentioned the decides to drop all charges against Mikey name of an additional assailant named Hicks. “Cracker Black.”

After spending 150 days in jail for a crime “So the police walk in on one of the suspects he did not commit, Hicks reunites with and ask, ‘Who’s Cracker Black?,’” Brandon his family. His mother thanks God fi rst, said. “Th ey put down our guy’s card. The Brandon second. suspects laughed at the cops and said, ‘Yeah that’s him.’ It was said with sarcasm, but Brandon’s brother, Brad, a forensic expert, the detective went with it.” None of this is worked with Brandon on the Hicks case. covered in the pilot.

“Every time someone watched Solved they At Hicks’ bond hearing the police claimed all told us they cried,” Brad said. “Th ey’re he was “Cracker Black.” Th e investigating so gratifi ed that the right thing happened, detective said the nickname was from Hicks’ and it happened because of good investiga- fi eld interview card. Hicks said he never tion.” used the nickname “Cracker Black.” At fi rst, Brandon thought his client was lying; “I wish there had been more time to show however, he went ahead and fought to get a more of what we did in the Hicks case,” copy of the fi eld interview card. Brandon said. “Th ere were so many issues involved with police misconduct that we It turned out that on the card where it said identifi ed: falsifying documents and evi- AKA, someone had written NA, as in “not dence.” available.” 8 | ffeatureeature

PI Brandon Perron Solves Life’s Riddles, continued

“After the NA, in diff erent handwriting, Had the pilot ever reached a mass audience, with a diff erent pen, someone had written in Cardoza believes it would have had a pro- Cracker Black,” Brandon recalled. “It was so found impact on public perception of the obvious. You didn’t have to be a document private investigator. examiner to see it.” “It would give a much more realistic and “Th e detective had gotten the original from compassionate view of what we do,” he said. the intelligence offi cer, added in the new in- “We wanted to show more of the emotion formation to cover his butt and then turned that goes into an investigation, especially over the altered document. He couldn’t when it’s a very righteous case, such as a case change the original, which was held in the where someone has stolen a child.” intelligence section’s fi le.” “Th ey did a really good job portraying how Brandon ended up identifying the real a private investigator really handles a case,”

feature ‘Cracker Black,’ who turned out to be the Brandon said. “It also demonstrated what fi rst cousin of the guy who had identifi ed we’re capable of when we’re allowed to think Hicks. outside the box.”

As things developed, it turned out that the Criminal defense investigation involves a cameras, which Brandon originally was wor- lot of nuance. Th at nuance is sometimes ried about, actually helped the client. diffi cult to capture on video.

“Th e cameras kept people honest,” Brandon “Th e majority of what we do is intellectual in said. “People were afraid to say things that nature,” Brandon said. “It’s thinking. We’re normally would be subject to embellishment putting pieces of a puzzle together, but we’re because they knew they would be held ac- dealing in abstracts. countable.” “In law enforcement you deal with a lot of “Because of the cameras the prosecutor physical evidence. But in criminal defense threw the police department under the bus. work, we’re dealing in concepts and ideas, Th ey didn’t want any part of protecting the and it’s diffi cult to communicate that visu- police for misconduct. Normally they could ally. What we do as investigators is extremely care less if they’ve got a bad cop.” diffi cult to document and follow for Hol- lywood.” At the end of shooting Solved, one of the producers remarked they could have shot a whole season just following the Carmichael and Hicks cases.

Once they have located the suspect, a stakeout ensues. Perron keeps in touch with his team via radio contact. featurefeature | 9

PI Brandon Perron Solves Life’s Riddles, continued

Th is may be why there isn’t a reality show on television with criminal defense investiga- tors following cases with any kind of depth. feature Th e cases and the investigations can go on for years, which doesn’t conform well to a television season.

At this point, Brandon does not believe the pilot is going anywhere. He’s proud of the work his team did in the cases. “Its time on Once the team has tracked “David” back to his YouTube and the NDIA website may be the apartment, Perron and his team have a tactical extent of its life. Th en again television is a meeting to discuss best how to collect more intel funny business and it could end up on TV and then serve the warrant. somewhere, some day.”

“NBC paid for everything and owns the show. NBC decides when and how they’re going to release it,” Brandon said.

Those who are 50 and older probably remember watching television pilots as youngsters. Th e networks used to shoot a pilot, throw it on the air and see how people Amy Perron is designated to do recon. After liked it. With the advent of the Internet more surveillance, she discovers “David” is those days are gone. not alone. “It costs them almost no money to put a show like this on the Internet,” Brandon said. “Nowadays, they YouTube these suckers and then wait to see what kind of responses they get from it.”

Brandon decided upon his going fee for an investigation from his work on Solved, along with an education that money couldn’t buy and many restless days and nights. To distract the other party and lure “David” outside, Amy Perron poses as a stranger who has Of course, a more appropriate name for the lost her dog and needs help. Her ploy works. show might have been “All in the Family.” As mentioned earlier, Brandon’s wife, Amy, is an investigator and his brother, Brad, is a forensic expert as well as an investigator. Th ey work together in Brandon’s fi rm. Amy is a mitigation specialist and is seen in much of the footage for Solved.

Brad has worked with his brother since the early ‘90s. Th eir fi rst cousin, Bryan Reis, is a private investigator in Boston with Case In Point, Inc. 10 | ffeatureeature

PI Brandon Perron Solves Life’s Riddles, continued

throwing out the third grenade when it blew up in his face.

Th e explosion took out an eye, three fi ngers on one hand and two fi ngers on the other. Raymond had been lying on the sand for 24 hours when a Navy Corpsman fi nally found him. He was sent stateside to Walter Reed Army Medical Center, where for two years Raymond could not see. Brandon Perron Raymond regained his eyesight back in one “Some families have lawyers. Some have eye and then obtained his driver’s license. doctors, some plumbers, others teachers. In feature my family, it’s investigators,” Brandon said. He worked his way up from janitor to the “Maybe it’s my passion for investigation. maintenance director for the public schools Maybe it rubs off in some ways.” Or maybe system in Barrington, Rhode Island. Ray- as Brad puts it, the job is as important to mond also found time to serve as a harbor them as life itself. master and build custom made furniture.

“What you do as an investigator is not just “He had shrapnel coming out of his body all for you, it’s for someone else’s life,” as Brad the time,” Brandon recalled. “He only had said. fi ve fi ngers and could make anything. He always told us, ‘Nothing can hold you back Brandon’s next big project is to try and get a except yourself. You only limit yourself.’” posthumous Congressional Medal of Honor for his grandfather, Raymond Perron. Ray- Th at’s how it has been for Brandon ever mond was a Marine at Iwo Jima, one of the since he began scraping walls for his father’s bloodiest battles of World War II. painting business. When you come across an obstacle, you don’t quit. You try to fi nd Raymond ended up in a foxhole with two a way to solve the problem. You never limit other Marines when three Japanese grenades yourself. ■ tumbled in. Raymond could have jumped out to save himself; instead, he threw the fi rst two grenades out of the hole. He was

Unwittingly, “David” falls for the ploy and af- Despite the fact that “David” is defi ant, Per- Perron’s license plate says it all. Th is portion of ter the female is distracted, Perron, who is wait- ron is able to successfully serves the subpoena, the case is “SOLVED.” ing around the corner, confronts “David.” and now “David” must show for his court appearance. featurefeature | 11

Brandon Perron is a licensed private investigator, based in Stuart, Florida, and an active member of the NDIA. Mr. Perron earned an A.S. and B.S. Degree in Criminal Justice Administration and has graduated from numerous military and civilian advanced investigative training schools and programs. Perron is also the Strategic Operations Director for Case In Point Services and maintains Investigative feature Consulting and Director positions with two government agencies. A Curriculum Vitae is available upon request. He can be reached at 772-288-1485.

Th e Solved video may be viewed at: www.youtube.com/watch?v=3JwIeiwJIvs&feature=player_embedded. Th e stills used in this article are from another of Brandon’s videos. Th at video may be viewed at: www. youtube.com/watch?v=ETJ_efl cdD0.

AWARDS AND COMMENDATIONS

• 1986 Th e United States Air Force “Exceptionally Well Qualifi ed Quality Control Rating” as an Investigator.

• 1988 Th e United States Air Force Certifi cate of Recognition “for Outstanding Performance.”

• 1989 Th e United States Air Force Commendation Medal for “crime solving ability.”

• 1995 St. Lucie County Sheriff ’s Offi ce Distinguished Service Award “for an outstanding act, achievement or exceptional services related to the ideals of law enforcement.”

• 1998 named one of the “Top 10 Private Investigators in the United States” by PI Magazine.

• 1999 presented with the “Most Dynamic Speaker Award” by Th e National Association of Investigative Specialists (NAIS).

• 2002 Public Advocate Award presented by the Kentucky Department of Public Advocacy for “work in bringing the highest standard of professionalism and excellence to DPA investigators.”

• 2003 and 2004 National Association of Investigative Specialists (NAIS) “Investigator of the Year” .

• 2005 he received the John M. Russi Award of Excellence from the Florida Board of Certifi ed Investigators for “raising the standard of Private Sector Investigations.”

QUOTES FROM PERRON’S CLIENTS

“I was extremely impressed with the quality of work from the outset, and it became evident during our work together that you conduct an extremely thorough investigation, grasp legal issues and factual nuances on your own accord, and interview witnesses extremely well. Th ese investigative qualities place you in a rather small group of highly competent criminal investigators. ... I would without hesitation, recommend the investigative services of your fi rm to any attorney working a homicide case.”

— F. Lee Bailey, Famed Criminal Defense Attorney 1212 | ffeatureeature

“Stuart Defense attorney Richard Kibbey calls Perron his ‘Secret Weapon’ and credits much of his legal suc- cess to the former Air Force Investigator. ‘He has a sixth sense, if you will, on how to focus in on a weakness or problems in a case,’ said Kibbey who has worked with Perron on dozens of high-profi le civil and criminal cases. ‘Th ere’s a lot of cases that never hit the courtroom or newspapers because he’s able to pick out the discrepancies and quash it right from the beginning.”

— Th e Palm Beach Post quoting High Profi le Attorney, Richard Kibbey

“Enclosed with this letter you will fi nd a copy of the 4th District Court of Appeal dismissing all charges .... in the above referenced case. Th e investigative work completed by you and Brad was an essential foundation that allowed me to build a record in the trial court that would support a successful appeal. I have always been able to count on you for exemplary investigative services. Th ank you for your hard work on this case and I look forward to consulting with you in the future. ”

— Joseph Negron, Attorney at Law and Florida State Senator feature

PERRON’S BOOKS

Brandon Perron’s book, Uncovering Reasonable Doubt: Th e Component Method, has been called by Glen R. Swift of P.I. Magazine a “landmark work” for the criminal defense investigations profession. Swift says, “By laying down a set of specifi c standards in a scientifi cally-based systematic approach, Perron has provided a revolutionary methodology for criminal investigation—one that has helped to elevate the fi eld to an entirely new level.”

You may read more about the book or purchase it at: www.pimagazine.com/ books/TIP19.html.

Brandon also has a new book out, entitled, Th e Quest for Truth. Here is an overview from Barnes and Noble website. “Th e Quest for Truth chronicles the allegorical journey of Youngblood Hawke as he is transformed from a self-serving soldier of fortune to a warrior prince. Presented with the ques- tion and challenge of absolute truth by a mystical sage, Hawke’s inability to respond is an epiphany to him and marks the beginning of his struggle and quest. Guided by a beautiful oracle, he is introduced to the teachings of Socrates, Plato, Aristotle, Sun Tzu, Machiavelli, Nietzsche, Jose Ortega, Shakespeare, and William James spoken through mentors, sages, and proph- ets. His thoughts become poetically philosophical as he struggles with his own destiny. Marked as a threat to their power and control over humanity, the enemies of change seek to destroy him and his desire to understand. Youngblood Hawke’s destiny as a warrior prince is realized when he raises an army of “Select Warriors” and leads them against the “mass,” a secret and powerful society controlling many of the world’s governments. Youngblood Hawke quickly learns that the spiritual and philosophical battle for truth will not only be waged on the battlefi eld but also within the darkest confi nes of the human mind, heart, and soul.”

You may purchase the book or read more about it at: www.barnesandnoble. com/w/the-quest-for-truth-brandon-a-perron/1013719165. 13

regional conference: denver

NDIA 2011 Regional Conference DENVER, COLORADO If you are interested in applying for a schol- Fares to all other locations are based on the September 15-16, 2011 arship, which covers your registration fee taxi’s meter. For example, a one-way taxi ride Sheraton Denver Downtown (no hotel or travel), please contact your area from DIA to Cherry Creek mall typically sheratondenverdowntown.com director or Beverly Davidson at NDIA, 860- costs $62 to $65, plus the $3.75 airport 635-5533, for further information. access fee added to each metered taxi trip Th e NDIA 2011 Regional Conference will (fl at-rate fares already include this fee). Taxis be held in Denver, Colorado, September Airport Transportation: pick-up and drop-off from Jeppesen Termi- 15-16, 2011, at the 4-star rated Sheraton Th e Sheraton Denver Downtown directs nal Level 5, Island 1, outside doors 507-511 Denver Downtown Hotel, 1550 Court guests to use for-hire shuttle services (there is (east side) and 506-510 (west side). Place, Denver, Colorado. Th e room rate no free shuttle service to or from the hotel). is $139 single/double occupancy. Room Shuttles pick-up and drop-off from Denver Area Information: reservation must be made by August 23, Airport, Jeppesen Terminal Level 5, Island Th e Sheraton Denver Downtown Hotel is 2011 by calling the hotel at 303-893-3333 3, outside doors 511 (east) and 506 (west). located downtown on the 16th Street Mall or Sheraton Central Reservation Offi ce at with over a mile of restaurants, retail and 1-888-627-8405. Be sure to state you are Taxis are readily available and service the entertainment. Easy access to museums, with the NDIA room block. Please also com- eight counties that make up the Denver professional sports teams (Denver Broncos plete the NDIA registration form, which can metro area. Check with your cab company and Colorado Rockies are accessible via the be found on our web site at www.ndia.net. of choice (or directly with your driver at the free Mall Shuttle), Denver Zoo, Botanical Th e form must be printed out and mailed, airport) for more information on fares and Gardens, Denver Aquarium and performing emailed ([email protected]) or destinations served. Flat rate taxi charge to arts as well as the State Capital Building. Use faxed to 866-668-9858. It cannot be emailed downtown Denver is $54.75. the complimentary Mall Shuttle for the mile from the web site. Please contact Beverly and a half Pedestrian Mall. Davidson if you need a form emailed, na- • Denver Yellow Cab 303-777-7777 [email protected]. • Freedom Cab 303-444-4444 Hotel Information: • Metro Taxi 303-333-3333 Free wireless internet is available in the hotel Schedule of Fees: • Union Taxi Cooperative 303-922-2222 lobby of the Sheraton Denver Downtown Hotel. Th e Link@Sheraton is our connec- Pre-Registration before 8/23/2011 tivity hub. Located in the lobby, the Link $150 2011 NDIA Member allows guests to work, relax, socialize and, $200 Non-Member most importantly, stay connected. Our fa- cilities also include a business center, airport Registration AFTER 8/23/2011 transportation (charge), complimentary $200 2011 NDIA Member fi tness center and heated pool. Overnight $250 Non-Member parking is $24. For details, go to our website www.ndia.net or call Beverly Davidson at Walk-Ins the NDIA offi ce, 860-635-5533, or Confer- $250 2011 NDIA Member ence Co-Chair Mark Neer, 213-894-5060. $300 Non-Member 14 regional conference

Previous page, Photos courtesy of VISIT DENVER. Denver skyline, by Rich Grant; golfers spend an afternoon hitting balls at City Park, by Stan Obert. 15 regional conference: denver conference: regional 16 NDIA 2011 REGIONAL CONFERENCE Denver, Colorado • September 15-16, 2011

Sheraton Denver Downtown Hotel 1550 Court Place • Denver, CO 80202 1-888-627-8405 or hotel 303-893-3333 for reservations (Refer to NDIA Group Meeting) Room Rate $139 Single/Double Occupancy

(Cut-off date for hotel reservations, 8/23/2011. Attendees are responsible for making own reservations.)

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Please make check payable CONFIDENTIALITY PLEDGE: This pledge MUST be read to “NDIA” and ma2il to: and signed before NDIA will be able to process your NDIA, Beverly Davidson registration! 460 Smith Street, Ste. B3 Middletown, CT 06457 I hereby acknowledge that materials and information pro- vided in this packet, at this seminar (Sept 15-16, 2011) NDIA Tax ID# 85-043-5581 and on the CD Rom are confi dential information and may not be disclosed except to other defense practitioners. Contact Beverly Davidson for more information: This information refl ects thoughts, opinions, impressions Phone: 860-635-5533 Fax: 866-668-9858 and strategies with regard to previous and ongoing cases, Email: [email protected] and, as such, is protected under the attorney-client privi- lege and work product doctrine. The materials provided Reservations will be taken on a fi rst come fi rst serve at the seminar and on this CD Rom are licensed to par- basis. Space is limited, so get your reservations in ticipants for use in defense of criminal cases only, and early. For reservations, call Sheraton Denver Downtown any other use or distribution is a violation of copyright Hotel at 303-893-3333 or their central reservations laws and the attorney’s ethical obligation. By signing this offi ce toll free at 1-888-627-8405 and identify yourself pledge, I agree to abide by this understanding and keep as an NDIA member in order to receive the special rate all information privileged. My signature also indicates of $139/night. Call Beverly Davidson at NDIA with any that I am involved in the defense of persons accused in questions, 860-635-5533 (Fax 866-668-9858) nation- criminal cases and I do not work for the prosecution or a [email protected]. For further conference details law enforcement agency. go to www.ndia.net. Signature: ______Date: ______

NDIA Conference Committee Drew Davis Karen Jackson Mark Neer, Co-Chair Walter Ott Herbert Duzant Sean Broderick, Co-Chair Colleen Flanagan-Taylor Beverly Davidson National Defender Investigator Association | 17

Melissa Kupferberg NDIA Scholarship

elissa Kupferberg was a nationally criminal defense. Preference may be given recognized investigator with the to applicants who can demonstrate this MTampa, Florida Federal Public commitment in one or more of the follow- Defender offi ce when she passed away. Only ing areas: 32 years old, she was a skilled investigator, capital mitigation specialist, and sentenc- • Sentencing advocacy, a.k.a. sentencing ing advocate who had a wonderful ability mitigation work on behalf of indigent to relate to and work on behalf of clients. criminal defendants. Her Master’s Degree in Social Work and considerable experience, in both capital and • Alternative sentencing on behalf of in- non-capital cases, gave her great expertise digent clients, including pre-trial release in understanding and addressing mental programs, alternatives to incarceration, health issues. Th is expertise helped her to mental health assistance, substance abuse develop a rapport with all types of clients, assistance and any other program that even those with signifi cant mental illnesses can impact a client’s incarceration. or intellectual disabilities. Melissa Kupferberg NDIA • Working with clients who have mental Scholarship Application First and foremost, Melissa was dedicated health or intellectual disabilities. to her clients. She was a fi erce advocate, always seeking the most persuasive way to • Capital mitigation work. Date demonstrate a client’s humanity to judge or jury, whether it be a mentally ill death row prisoner or a defendant facing child Application Name pornography charges. Melissa worked tire- To apply for the scholarship, please fi ll out lessly to ensure thorough investigation of the application form and certify that the Employment Address her clients’ cases. Innocent or guilty, Melissa information you have provided is true and helped clients open up about their pasts, accurate. including painful details they would not Employment Email reveal to others, so that information could Provide a personal statement (1,000 words) be developed that might eventually persuade describing: (1) how you are dedicated to a judge or jury to give a lighter sentence than improving the lives of your clients, and (2) Title they would otherwise receive. Most impor- how attending the training will improve tantly, she respected them and appreciated your ability to do so. their humanity. Years of Experience Provide at least one letter of support from To honor Melissa, her family has created the a professional colleague (e.g., current or Melissa Kupferberg NDIA Scholarship. Supervisor’s Name former boss or co-worker), describing in Th e goal of the scholarship is to recognize what ways your indigent criminal defense those NDIA members who have followed work is client-centered, and why you are Contact Number in Melissa’s footsteps, through their client- deserving of this scholarship. Reference to centered approach to indigent criminal your work in a specifi c case is optional, but ❑ PERSONAL STATEMENT ATTACHED defense, by providing them with funding to may be helpful. attend the NDIA national conference. Applications must be received by MARCH Send the completed application and all supporting documents to: 16, 2012 for the National Conference in Selection Criteria Beverly Davidson, Executive Secretary Atlanta, April 18-20, 2012. ■ of NDIA, 460 Smith Street, Ste. B3, Th e scholarship recipient must be a member Middletown, CT 06457. Alternatively, of NDIA. He or she must have demon- you may submit the information by email strated a commitment to indigent clients to: [email protected]. and a client-centered approach to indigent 18 | National Defender Investigator Association

Congratulations to the NDIA Investigator and Paralegal of the Year!

Investigator of the Year Paralegal of the Year Eddie McFarland Kali Sudler

Eddie McFarland was born and raised in fi ce until hired by Federal Public Defender Kali H. Sudler is a Paralegal for the Federal Port St. Joe, Florida. He graduated from Robert Vossler to be the investigator with Public Defender’s Offi ce in the District of Port St. Joe High School and attended Gulf the Federal Public Defenders Office in Delaware. In this capacity, Kali handles ma- Coast Community College in Panama City, Tallahassee, Florida, during December of jority of the cases that go to trial in the tradi- Florida. He earned an Associates of Arts de- 1985. Eddie has worked as an investigator tional unit. In addition, she works with the gree from Gulf Coast in 1970. He graduated with the Federal Public Defenders Offi ce appellate attorneys in this offi ce with cases from Florida State University in December since 1985. that are on appeal before the United States 1972, earning a Bachelor of Science degree Court of Appeals for the Th ird Circuit. in Social Work and a minor in Psychology. Prior to joining the Federal Defender’s After graduation, Eddie was employed as an Offi ce, Kali worked for Baltimore City’s apprentice brick mason for approximately District 1 Public Defender’s Offi ce for the one year. In 1974, he was hired as a proba- State of Maryland, and, preceding that, tion offi cer in the Jacksonville, Florida offi ce. she worked for Paul, Hastings, Janofsky He transferred from Jacksonville, Florida & Walker, LLP in Washington, D.C. She back to Tallahassee, Florida in the summer interned at the Fulton County Superior of 1976. In 1976, he and a cousin formed a Court in Atlanta, Georgia, during under- bluegrass band, which performed bluegrass graduate studies and also with the U.S. and county music in Florida and a few of Bankruptcy Court in Denver, Colorado, the surrounding Southern states for over during her graduate studies. Furthermore, thirty years. Kali has worked at various fi rms in Atlanta, Georgia, as well as interning at a small fi rm In 1980, Eddie was hired as an investigator in Denver, Colorado, helping with pilot for the State Public Defender’s Offi ce for projects and assessments. Kali is a member the Second Judicial Circuit in Tallahassee. of the Delaware Paralegal Association for the He worked as an investigator with that of- State of Delaware. ■ National Defender Investigator Association | 19

Nominations Open for 2012 Investigator/Paralegal of the Year

o you know an investigator and/ tion received regarding the Nominees. Th e or paralegal in your offi ce that you Awards Committee will review the letters of 2012 Investigator or Dbelieve should be rewarded for their nomination and other recommendations. Paralegal of the Year commitment, compassion and professional- Th en they will submit their own individual Nomination Form ism? Th e NDIA Awards Committee is en- votes to the Awards Committee Chair. TITLE: ❑ Investigator ❑ Paralegal couraging members to nominate those who have demonstrated such outstanding service Th e Awards Committee Chair will provide so that the NDIA can acknowledge them for the names of the winners to the Board Nominee’s Name their hard work and dedication. Liaison at least 30 days before the National Conference. The announcement of the Agency/Offi ce Please nominate an NDIA member that winners for the Investigator/Paralegal of the you believe should be acknowledged for Year Awards will take place at the National Address their exemplary work in the defense of the Conference in Atlanta, Georgia April 19, indigent and deserves to be recognized as 2012. City State Zip the next Investigator or Paralegal of the Year recipient. DEADLINE: March 16, 2012 Phone

If you have any questions regarding the Email Criteria for Investigator/ nomination process, please contact the Paralegal of the Year NDIA Awards Committee Chairperson, If applicable, Supervisor’s contact number Matt Whalen at 203-503-6818 (State of Th e nominees must: CT Public Defender Offi ce) or via e-mail, Supervisor’s Email [email protected]. Submit all nomina- • Be members of the NDIA in good stand- tion and recommendation letters to the ing; Supervisor’s Address following address: REASON FOR NOMINATION: • Perform their duties in defense of the (On a separate sheet of paper, Matt Whalen indigent in an exemplary manner with please write a concise and defi nitive Offi ce of the Public Defender statement of why you believe the dedication, patience, persistence, pro- nominee deserves to be awarded.) Courthouse fessionalism, creativity, ingenuity and 235 Church Street ethical integrity; New Haven, CT 06510

• Submit a letter of nomination by an NDIA member, supervisor or an attor- Person Nominating ney from their offi ce; Matt Whalen, Committee Chair NDIA Investigator/Paralegal of ❑ NDIA Member ❑ Attorney ❑ Supervisor ❑ Co-Worker the Year Awards Committee • Submit two letters of recommendation from persons familiar with their work other than the nominator; and Address

• Have all the required information to City State Zip the NDIA Awards Committee Chair by March 16, 2012. Phone

In the selection process, the Awards Com- Email mittee Chair will confi rm that the individu- als nominated are members of the NDIA Please forward completed form to in good standing. Th e Awards Committee Matt Whalen, Committee Chair, by fax 203-789-6863 or email will then be provided with all the informa- [email protected], no later than March 16, 2012. 20 | National Defender Investigator Association

Tovah Ackerman Teo Casas Federal Defenders of New York Federal Public Defender New York, NY Los Angeles, CA

Jarrett Adams Christine Casoli Chicago Federal Defender Program Federal Public Defender Offi ce Chicago, IL Boston, MA

Brandi Alexander Robert Caturegli Offi ce of the Appellate Defender Alameda County Public Defender New York, NY Oakland, CA

Julian Almanza Th omas Chapman-Wright Tulare County Public Defender Riverside County Public Defender Visalia, CA Murrieta, CA

Donzella Anusziewicz Marie Cita Federal Public Defender Federal Defenders of New York Cleveland, OH Brooklyn, NY

Brandon August Tatiana Craven Investigative Consultants Federal Public Defender International, Inc. Los Angeles, CA Concord, CA Shawn Cunningham Leticia Baez Cunningham Investigative Services Orange County Public Defender Ooltewah, TN Westminister, CA Jennifer Daugherty Liliana Balvaneda Orange County Public Defender Federal Defender of San Diego Santa Ana, CA San Diego, CA Virginia de Los Santos Adrian Bean Orange County Public Defender Th omas Heslep & Associates Santa Ana, CA Washington, DC Natalie Degrati Marla Beller Federal Public Defender Federal Public Defender Los Angeles, CA Los Angeles, CA Liliane Del Anguila Luis Blanco Federal Public Defender Federal Public Defender Los Angeles, CA welcome new members Riverside, CA Juan Doig David Brown Federal Public Defender Kern County Public Defender Sacramento, CA Bakersfi eld, CA David Douglas Maria Canchola Law Offi ces of the Mohave Orange County Public Defender County Public Defender Santa Ana, CA Kingman, AZ

Claudia Canseco Gina Enriquez Federal Defenders of E WA & ID Federal Public Defender Yakima, WA Los Angeles, CA

Jeff Carter Richard Estrada, Jr. Department of Advocacy Riverside County Public Defender LeGrange, KY Murrieta, CA National Defender Investigator Association | 21

Veronica Felix Th omas Ham Mimi Lam Orange County Public Defender Th omas Ham Investigations Orange County Public Defender Westminister, CA Knoxville, TN Westminster, CA

Grant Fine Cynthia Hamilton Christina Larson Gits Fine and Associates Federal Public Defender Oregon Paralegal Orinda, CA Portland, OR Los Angeles, CA

Mary Fisher Scott Hielsberg Laurette Lavin Kootenai County Public Defender Talon Investigation Capital Defenders Offi ce Coeur D’ Alene, ID St. Paul, MN Riverside, CA

Brian Flourney Rhonda Hunt Jayne Lawton Offi ce of the Public Defender, Federal Defender Offi ce Federal Public Defender Offi ce State of New Jersey Detroit, MI Boston, MA Maplewood, NJ Andrew Hutton Rosemary Leen Jay Free Riverside County Public Defender Eugene, OR Th e Defender Association Riverside, CA Seattle, WA Roger W. Lemasters Elizabeth Jackson Riverside County Public Defender Colette Gahr Wake County Public Defender Murrieta, CA Lipton, Piper & Sganga, LLP Durham, NC San Francisco, CA Steven Lewis Mia Ji Los Angeles County Public Defender Daniel Garcia Las Vegas, NV Los Angeles, CA Tulare County Public Defender Visalia, CA Julian Joslin Mark Loge Federal Defenders of New York Federal Public Defender John George New York, NY Springfi eld, MO National Investigators Escondido, CA Steven Judd Jennifer Maag Riverside County Public Defender Orange County Public Defender Monica Giner Riverside, CA Santa Ana, CA Federal Public Defender Los Angeles, CA Xochilt Karmand Jane Macrorie Orange County Public Defender WPD Capital Defenders Abigail Goldman Santa Ana, CA Riverside, CA Federal Public Defender, Non Capital Habeas Unit Nick Kato Dora Madrigal Las Vegas, NV Th e Defender Association Federal Public Defender Seattle, WA Houston, TX Jerry Grant Federal Public Defender Andy Kelleher Polly Mailhot Rochester, NY Federal Public Defender Capital Collateral Regional Counsel Tampa, FL Tampa, FL Abby Guardado Orange County Alterate Defender Tom Keller Jacqueline Manning Santa Ana, CA Federal Public Defender, Non- Integrated Security Capital Habeas Unit New York, NY Alec Gulash Las Vegas, NV Offi ce of the Public Defender Jean Manuel Hartford, CT Kristal Keller Federal Public Defender Th omas Ham Investigations Dallas, TX Brenda Hall Knoxville, TN County of San Diego Public Defender Meredith Martin San Diego, CA Greg Krikorian Offi ce of the Public Defender, Federal Public Defender Fairfi eld Superior Court Los Angeles, CA Bridgeport, CT 22 | National Defender Investigator Association

Ellen McManus Ben Savill Federal Public Defender Orange County Public Defender Los Angeles, CA Santa Ana, CA

Roland Miller Paul Shupe Federal Public Defender Riverside County Public Defender Baltimore, MD Indio, CA

Joshua Millsaps Wilma Sierra Buncombe County Courthouse Federal Public Defender Ashville, NC Newark, NJ

Eric Mobley Valencia Simmons Riverside County Public Defender VLS Investigations Murrieta, CA Forestville, MD

Susan Moff att Don Simpson Federal Public Defender Law Offi ces of the Mohave Portland, OR County Public Defender Kingman, AZ Roger Moore Los Angeles County Public Defender Dallas Smith Los Angeles, CA Tulsa County Public Defender Tulsa, OK Linda Mroz Federal Defender Services of Idaho Marilina Smith Boise, ID Orange County Public Defender Santa Ana, CA Amy Nguyen Orange County Public Defender Ashley Smith Santa Ana, CA Federal Public Defender Los Angeles, CA Joe Nunez Orange County Public Defender Doug Smith Santa Ana, CA Law Offi ces of the Mohave County Public Defender Isabel Quintero Kingman, AZ Orange County Public Defender Santa Ana, CA Ram Soto Federal Public Defender Irma Rico Laredo, TX Orange County Public Defender Santa Ana, CA Julie Spear welcome new members Mecklenburg County Public Roberto Rivera Defender Offi ce Rivera & Associates Charlotte, NC Santa Clara, CA Larry Teitle Christopher Robinson Integrated Security Offi ce of the Public Defender New York, NY Rutland, VT Tiff any Teixeira Ana Russell Offi ce of the Public Defender, Federal Defenders of E WA & ID Bridgeport Superior Court Yakima, WA Bridgeport, CT

Abby Samawi John Terry Abby Samawi & Associates, Inc. Metropolitan Public Westminster, CA Defender’s Offi ce Nashville, TN National Defender Investigator Association | 23

Erika Th ompson Orange County Public Defender NDIA 2011 Santa Ana, CA General Offi cer Election Mary Tiedeman Federal Public Defender Los Angeles, CA Th e NDIA will hold elections this year for the General Offi cers positions on the Board of Directors. Th e following positions will be on the ballot: Sandra Torres Orange County Public Defender • President Santa Ana, CA • Vice President Ron Weber • Secretary/Treasurer Tulare County Public Defender Visalia, CA All candidates for the Board and all persons nominating a person for the board posi- tions listed above must be either a regular or retired NDIA member in good standing. Stacey Wells Successful candidates will serve for a two (2) year term commencing January 1, 2012. Texas Forensic Investigative Anyone interested in running for one of the aforementioned positions should refer to Consultants, Inc. the NDIA Bylaws for General Requirements. Anyone meeting these qualifi cations and Austin, TX interested in running for one of these positions should forward a Letter of Intent and Heidi Werntz three (3) Letters of Nomination to the Secretary/Treasurer no later than August 15, Orange County Public Defender 2011. All NDIA members in good standing are eligible to vote. Santa Ana, CA Please mail to: Dave Young, Secretary/Treasurer Terry Wiggin PO Box 216 Investigative Resource Group Ridgefi eld Park, NJ 07660 Columbia Heights, MN [email protected] Greg Wills Federal Public Defender Email notifi cation to the Secretary/Treasurer from potential candidates and their nomi- Jeff ferson City, MO nators would be appreciated. However, all of the original, signed letters must be fi led with the Secretary/Treasurer by August 15, 2011. Ballots for races will be sent out no Elizabeth Wood later than October 1, 2011. Elizabeth Wood & Associates, Inc. Costa Mesa, CA Ballots for General Election races will be sent out no later than October 1, 2011. Caitlin York Federal Defenders of New York Ballots for General Election races must be returned by November 15, 2011. Brooklyn, NY ALL NDIA MEMBERS IN GOOD STANDING ARE ELIGIBLE TO VOTE! Karen Zytniak MOPI LLC Th e NDIA depends on members volunteering their time to further the mission of the Seattle, WA Association. Members considering running for a position on the Board are encouraged to talk to current Board members about the responsibilities of serving.

Dave Young, Secretary/Treasurer 24 | fi eld notes

Interview with Former Robbery Detective John Terry

John Terry served as a police offi cer and detective with the DeKalb County Police Dept, outside of Atlanta, GA for almost nine years. He was a uniformed patrol offi cer for three years, and then a Detective in the Criminal Investigation Division for six. His last two years were spent as a robbery detective in the Major Felony Unit. John also worked for a time as an investigator for the DeKalb County District Attorney’s Offi ce. He now resides Field Notes in Nashville, TN and works as a Public Defender investigator.

Today, Terry speaks about his knowledge of investigating By James Tarter robberies.

Let’s start with the defi nition of robbery. What are the key elements of robbery?

It varies state to state and statute to statute, but most have certain things in common. More often than not, a robbery is the trans- fer of property by: 1) use of force, 2) use of intimidation, or 3) sudden snatching. Th e property must be taken from the victim’s immediate care and control. Now there is some case law on what constitutes immedi- ate care and control. Do you have to have your hands on it when it is taken from you suddenly?

I heard a judge once use the following ex- ample. A lady walks into a restaurant and places her purse on a table. She walks away from that table for a brief moment, and then John Terry served as a police offi cer and detec- she returns. When she is several feet away tive with the Dekalb County Police for nine from her purse, a subject snatches it from its years. resting spot. Now if she sees this guy take her purse, they make eye contact, and she stops dead in her tracks, is that a simple theft or is it a robbery? One of the fi rst questions I would ask the lady, is did you feel threatened fi eld notes | 25

Interview with John Terry, continued enough to stay away from the subject? If she says yes, then I have met the element of robbery by intimidation. If she said no, then there was no intimidation or force, and, since the purse was not in her immediate care and control, it is a simple theft.

What makes investigating robbery unique?

Rarely is a suspect caught in the act of committing a robbery. It requires perfect timing between the victim/witness calling 911, being able to give an apt description and having patrol units in the area respond in time to apprehend the suspect. It is a diffi cult crime mainly because many times it is stranger on stranger, unlike a homi- What types of evidence are 2010 GEORGIA CODE cide, which is more often committed by most useful in solving a someone who knows the victim. So it’s like robbery? you are starting at ground zero. Robbery Title 16: Crimes & Offenses investigations rely a great deal on the study Chapter 8: Offenses Th e most useful pieces of evidence are things Involving Theft of patterns and/or MO (modus operandi) that are concrete that we can check and in order to be solved; it normally gets solved Article 2 - Robbery verify-a tag number, for example, or a de- § 16-8-40 - Robbery when the suspect slips up or the police get scription of a car, a type of weapon, a tattoo lucky. Say, for example, the police get good or some other unique physical characteristic. surveillance video, release the images to the O.C.G.A. 16-8-40 (2010) Perhaps one of the greatest misconceptions 16-8-40, Robbery media and someone calls Crime Stoppers to is that if we have video of the crime, then report the suspect. A scenario like that dem- we can enhance the video and use facial onstrates police luck. But more often than (a) A person commits the offense recognition software to match the face in of robbery when, with intent to not, you catch the person shortly after the the video to a suspect. act, and then you tie them back to similar commit theft, he takes property types of crimes, same patterns, same weapon, of another from the person or the Now, having video isn’t a bad thing in and immediate presence of another; same physical description, etc. of itself, particularly if somewhere down the road you have a suspect and can compare (1) By use of force; Is there a window of time in that suspect to the video. But most of the terms of solving a robbery? time, if you don’t have a suspect, you don’t (2) By intimidation, by the use of know who the person is in the video. It’s like threat or coercion, or by placing Not really. I never thought of robberies in the picture that comes in the picture frame such person in fear of immediate the same manner as detectives think of the that you buy from Wal-Mart...the picture serious bodily injury to himself or fi rst 48 hours following a homicide. Obvi- of the person may be stunningly clear, but to another; or ously though, the quicker you respond to who are they? the scene and can get the physical descrip- (3) By sudden snatching. tion (person, car, weapon, etc) out to the Fingerprints are good if you can get them. patrol offi cers and the quicker you can start Th e problem with fi ngerprints is that AFIS developing patterns or leads, the better off (Automated Fingerprint Identifi cation Sys- you are. tem) prints are only as good as the product input. In many small jurisdictions, when 26 | fi eld notes

Interview with John Terry, continued

a person is arrested and fi ngerprinted, the piece together a suspect and tie that gun to that case a ski mask was left at the scene. data that is uploaded into AFIS is not of a him once you have a match. But having a Th e subject was located a short distance quality that allows a good comparison, so spent shell casing at a scene, although you away. He initially denied being involved, you have a lot of rejections when you submit would collect it for evidence, rarely leads you but the DNA evidence confi rmed he was a print for comparison. Also, good quality to an immediate suspect. there because the mask was left inside the fi ngerprints are not left at a scene as often house in question. as you would think, particularly as often as However, there are certain other things you TV shows lead you to believe. More times can do with shell casings. Guns leave unique Th e same can be said if there is blood evi- than not, fi ngerprints are smudged and not marks on a shell casing after the shell is fi red. dence. For instance, if there is a scuffl e at of a good quality. So if you fi nd a weapon on a suspect, then the crime scene, and the victim or suspect you can tie it back that way. Alternatively, if bleeds, then transfer of blood can occur. What about ballistics and shell you have other robberies where spent shell Let’s say the suspect pistol-whips a victim, casings? casings are found, you can link the crimes and blood is transferred to the gun, then together via the gun. Th en, when you have a later, after you apprehend the subject and Well, most people don’t know that unless suspect, you can potentially charge him with recover the gun, you can tie them back to a live round is found, it is diffi cult to get more than just the one robbery. the crime. Suspects can also be developed fi ngerprints from a spent shell casing because when DNA evidence left at a crime scene the print is burnt off after the shell is fi red. What about DNA evidence? results in a hit in CODIS (Combined DNA As far as ballistics is concerned, that may be Index System). great, but unless it is in the NIBIN (National Yeah, DNA is defi nitely useful. Particularly Integrated Ballistic Information Network) if it is something like a mask, which, if it is What techniques would you system, you don’t know where the gun is, worn, removed and recovered shortly after use to investigate a robbery and you don’t know whose hands the gun the incident, can yield DNA. I have had that defense investigators was in. Down the road, you may be able to DNA tie a suspect to a home invasion. In should be aware of?

You start out by responding to the scene. We would go out there, take statements from victims and witnesses, canvas neighbors/ businesses, then put out a BOLO as soon as possible. We would check to see if there were similar incidents in the area, maybe some pattern developed, but there is not a whole lot to go on in the early stages of a robbery investigation.

You would investigate a pedestrian rob- bery diff erently than you would a business robbery. Pedestrian robberies are crimes of opportunity and typically occur in a dark, secluded area typically at night. Th e victim has been caught off guard and as a result, their description of the perpetrator is limited. And, while violence may not have been exhibited during the robbery, the threat of force usually leaves the victim in a state of shock. It’s important to try to calm the victim so that you can get the best possible description of the suspect(s) and Th ere were 800+ crimes committed in Dekalb County, Georgia between the dates of 5/28/2011 and 6/3/2011. fi eld notes | 27

Interview with John Terry, continued the series of events of the crime. Since you It is good to keep in mind as a defense don’t often have witnesses, you really rely on investigator that many detectives are just victim’s descriptions so that this informa- looking to meet probable cause. For them tion can be relayed to the beat cops to see it’s all about getting the warrant, getting if they have had similar incidents and/or if the arrest and getting the paperwork off the description reminds them of anyone on the desk. While this is not always the case, their beat. it seems to be more so in agencies where resources are limited and caseloads boarder Business robberies are different because on the unmanageable. As I see it, the defense you usually have video. But the business investigator has lots to explore in the area be- robbers have gotten smart and often wear tween probable cause and beyond reasonable masks, gloves, and so a lot of times you doubt. As defense investigators, we should don’t have much of a crime scene. Unlike dive in, talk to the attorney, develop defense the pedestrian robberies, business rob- strategies, read all of the discovery materials, beries have some degree of planning. You make notes of discrepancies, etc. Only then might get lucky and have someone touch a can we do what is best for our clients. drawer, counter, cash register or some other item with a bare hand; so you might have So backtracking is essential to some physical evidence. In a bank robbery, solving robberies? you might have the demand note, but a lot of times, all you have is video. More often Yes, backtracking was a whole lot of it, but than not, video cameras are set up to catch it also requires hard work. By hard work I employees till tapping, not to catch video mean making contact with people in the images of a robbery. It’s amazing how many neighborhood and the beat cop, knowing times I’ve viewed business video capturing what is going on in the community, know- a great view of the suspect’s hands reaching ing when something doesn’t look right and into the register and only the top part of his being able to ask the key questions of the head or the bill of his cap. Video quality is victim or witness at the scene. You must a function of the equipment set-up. Often get that description from the victim while business owners sacrifi ce quality of video in it is fresh and broadcast the information to favor of more camera angles or more storage responding units. For example, there might space on the computer system. be a little posse of kids running around do- ing pedestrian robberies, and so you might Long story made short, robbers, be they have developed some names from neighbors, pedestrian or business, are often captured classmates, school resource offi cers, beat by sheer luck. Many agencies do not have cops, etc. You talk with these folks, but more the resources to stake out a particular area importantly you listen. Once the suspect(s) or business until it gets robbed. Mostly, it’s have slipped up and are arrested, you take “A description of a car, a license plate num- about working backwards from the arrest what you’ve learned and start piecing things ber, a description of a gun and a noticeable to tie a particular suspect to other similar together, one part at a time. You would go scar and/or tattoo are the most useful pieces robberies as determined by MO, descrip- back to your daily log/notes and review of evidence in solving a robbery.” tion, physical evidence, etc. You might use patterns, descriptions, MOs and so forth. that information to obtain search warrants Th at’s how you start to make additional in hopes of recovering additional evidence. cases against the suspect(s). You might then As a detective, you take all the information, return to additional victims of the suspect(s) confront the suspect and hope to get a con- and show photo lineups, or present items fession, not only for the crime for which he recovered for identifi cation. It’s important to was caught, but also for those crimes com- note that this backtracking is only as good mitted before the subject was developed as a suspect. 28 | fi eld notes

Interview with John Terry, continued

as the information obtained on the front How imporant is the MO when end of any robbery investigation...that’s solving robberies? why it’s important that detectives respond to the scene. Well, it helps you connect a suspect to a series of crimes even if you have diff erent vic- You have repeatedly used the tim/witness descriptions of the guy, say 5’9” term “MO.” Defi ne in your own to 6’2,” medium-skinned to light-skinned, words what an MO is and give or stocky to heavy. You know if the victims an examples. repeatedly say to you that before leaving the guy tipped his hat and said “Have a nice Modus Operandi. It’s their pattern, it’s their day,” you can bet it is probably the same guy, even if all the other descriptions have a Fingerprints are valuable evidence only if AFIS habit, it’s their way of doing the robbery. Th e wide degree of variation. can recognize them. way they do what they do.

For example, I can recall a gang of teenagers In fact, probably the most important thing, running around committing robberies in a when investigating robberies, for a police of- case my partner and I worked several years fi cer or a detective, is looking at the suspect’s ago. Th eir thing was to do till taps. We called patterns. And while the end result may not them the “Dollar Store” robberies because yield enough probable cause for the issuance they would hit Dollar General, Dollar Store of a warrant for every robbery committed by and Family Dollar. Th ey seemed to target a suspect, detectives can close out a lot of these because they knew most transactions robberies based on MO. occurred in cash, so there would be a decent amount of cash in the till at any time. So As you collect evidence and their MO was to go inside in pairs. Th e fi rst interviews, you place it into a perp would pick up some nominal item, be it case fi le. Tell me what I would a soda, a bag of chips, a candy bar, etc. Th ey fi nd in a case fi le. Ballistics evidence, such as these AK-47 shell would go up to the cash register together, casings, are useful, but rarely yield fi ngerprint place the items on the counter and make What was released in Discovery was a deci- evidence. However, even if NIBIN yields a hit, the purchase. Th en, as soon as the till was sion made the case D.A.s. Th e way I worked the gun’s location still remains in question. open, one would push the clerk away from as a detective is that I would turn over the cash register, and the other would grab everything, soup to nuts, in what is called a all the cash he could. Th is occurred over and Court Supplemental. Everything from the over again. Th e break in this case came when original call print out, 911 calls recordings, one of the beat offi cers recognized a gang map of the scene, every statement made, all logo in several of the images retrieved from case notes, every photo lineup, digital re- surveillance video. Using that bit of infor- cordings, background information, criminal mation, we were able to do some work-ups histories, etc., I mean everything I had was on suspects, and developed photo line-ups, turned over to the D.A. which we then showed to the victims to see if they could identify a suspect. Also, at a similar crime scene in another jurisdiction, one of the suspects had left his fi ngerprint on a soda can. Utilizing all of this information, DNA can be left anywhere. It is now being from the input of a beat cop, to the review used to solve robberies, thefts, assaults, etc., of video, to sharing of information with an- not just homicides. other agency, we were able to backtrack and make several arrests based on what started as recognition of this group’s MO. fi eld notes | 29

Interview with John Terry, continued

What information from the what we get from records is redacted and that.” As part of that investigation you would case fi le should I expect to be often useless. look into whether or not this person had missing from Discovery? previous issues with the person or persons Fortunately, from what I’ve observed, most he is now accusing of robbing him. So, information in Discovery is representative yeah, a good police offi cer would cover all Now what the D.A. does with the case fi le of what one might fi nd in a detective’s case bases. It’s also something I would annotate was up to him/her. S/he, as the lawyer, was fi le. Th ere are times when things are omitted in a robbery case fi le that would be turned the one responsible for meeting the require- by accident, or, at least, that’s what I like over to the D.A. ments of Discovery. However, I have seen to believe. Usually a phone call between some documents missing from Discovery. attorneys resolves any question of missing For example, the other day an attorney How are cases closed? Discovery documents. wanted me to subpoena a cell telephone company for records in hopes of showing Th e last time I checked, the nationwide our client wasn’t in the area when the crime So you are saying that a closure rate for robberies was 25-30%. It was committed. Based on my experience in victimology/suspectology should be noted that not all cases are closed law enforcement, I knew that was something is run to consider alternate by arrests. Th ere are UCR (Uniform Crime a detective would have requested almost theories? Reports) guidelines police have to follow as automatically. I asked the attorney if it was it relates to case closure. For example, a case in Discovery. We looked through Discovery Yes, there would be cases where someone may be closed because the victim may not documents and sure enough there was a would show up at our offi ce and say, “I’d want to prosecute or it may be closed due subpoena for the cell phone tower records, like to report a robbery.” You are like, okay, to some element beyond law enforcement’s but the response was not included. and they would give you a story that would lead to a lot of head scratching. You would Th en there are the victimologies or suspec- think, “I need to dig a little bit deeper into tologies. Any good detective will attempt to learn everything they can about the suspect and/or victim. Th is consists of pulling every police report, running a criminal histories and so forth-all of which would be included as part of the case fi le. You would always include it as sort of a snapshot, noting the common threads (e.g., acquaintances, neighborhoods) that overlap. Other than the suspect’s criminal history, I don’t recall seeing this type of information in any Dis- covery documentation.

As a criminal defense investigator, we don’t have the same access to resources as law enforcement and have a more diffi cult time constructing the victimologies or suspec- tologies. If we try to pursue something on our own, say like a prior history of confl icts between the victim and suspect or look at alternate suspects, we have to go the Police Department’s Central Records and hope we get a clerk who is willing to spend the time necessary to help us fi nd what we’re look- Police begin a robbery investigation by interviewing victim(s) and witness(es). Often, their state- ing for. Even then, if it’s not in Discovery, ments yield the greatest amount of evidence used in the case. 30 | fi eld notes

Interview with John Terry, continued

Video Surveillance is usually available when investigating a business robbery. Many times, vic- tims of a robbery do not get a good description of the suspect(s) because they are panic stricken or intentionally avoid eye contact.

control that prevents formal charges against Also, it’s important to know and understand to imprisonment up to 11 months and 29 the suspect. With the latter, there are well the statutes of the crimes you are investigat- days and/or a fi ne of $2000. Th e point is, defi ned criteria that must be met in order ing. Having recently relocated to Tennes- you can’t investigate properly unless you to close the case. see from Georgia, I’m currently trying to know the elements of the crime; otherwise familiarize myself with Tennessee Criminal you are just chasing your tail. It should also be noted that sometimes cases Statutes. I’ve learned that while many laws are cleared inappropriately, causing agen- have the same elements, there are subtle Finally, get out of the offi ce and into the cies to show false clearance rates for various diff erences. An example would be the issue fi eld. Go to the crime scene. Talk to people crimes. More often than not, this is due to of robbery as it relates to Tennessee and face to face. Understand that while some unfamiliarity with the closure criteria, a Georgia Statutes. In Tennessee, robbery is offi ce work is required, many investigative lack of proper training or poor supervisory defi ned as the intentional or knowing theft leads are developed while wearing holes in oversight. Since accredited law enforcement of property from the person of another by the soles of your shoes. Your client is worth agencies are audited regularly, improper case violence or putting the person in fear. In the price of a new pair of shoes. ■ closures are usually short lived and can be Georgia, robbery is when, with intent to corrected. commit theft, a suspect takes property of another from the person or the immediate Any closing advice for defense presence of another: (1) by use of force; (2) investigators? by intimidation, by the use of threat or co- ercion, or by placing such person in fear of Just realize who you work for...it’s the client. immediate serious bodily injury to himself It’s our job to do the best job we can for the or to another; or (3) by sudden snatch- client. We shouldn’t jump to conclusions ing. So a pick-pocket in Georgia would be when reading through Discoveries. It’s our charged with robbery and would be subject job to keep an open mind to everything and to imprisonment from 1-20 years. Th at same explore that gap between probable cause and pick-pocket in Tennessee would be charged beyond reasonable doubt. with a class A misdemeanor theft and subject fi eld notes | 31

Interview with John Terry, continued

Source: All statistical images provided by the Criminal Justice Infor- mation Services Division of the FBI as detailed on the DOJ’s FBI website. 32 | NDIA 2011 NATIONAL CONFERENCE

Another Year, Another Success!

On April 28 and 29 the NDIA held its annual National Conference in Huntington Beach, California. It was a great success. Th ere were 385 attendees, which is great considering how many offi ces are feeling the fi nancial crunch of a poor economy, and the venue and weather couldn’t have been better. Classes were well attended. It appeared that everyone really enjoyed the presentations and of course the camaraderie. Over the many years that I have attended the NDIA National Conference the classes have expanded and conformed to the ever-changing times. Th is year was no exception. national conference

By Wanda Rivera

HUNTINGTON BEACH, CA NDIA 2011 NATIONAL CONFERENCE | 33 national conference Many of the speakers addressed how to represent defendants with new and innova- tive ideas when there isn’t enough money. All of the classes addressed the role we play in the defense of indigent defendants. Presenters spoke of how to defend clients with mental health issues; utilizing video and audio forensics; deciphering cell phone records and what to ask for from the cell phone providers; defending discovery intensive cases; gangs, snitches, and informants; a hands-on tutorial to CaseMap; all things internet; and how we can get the most favorable sentence for our clients. Th e reaction to the curriculum was very favorable. The training was useful and the classes focused on both current and relevant topics in our jobs. Th is year we were fortunate enough to not only have vastly knowledgeable and experienced investigators, paralegals and attorneys presenting, but the NDIA also enlisted Daniel Olmos from the Department of Justice and several award-winning reporters.

After classes were over, a great time was had by all at the President’s reception. Entertainment was provided by our MC, Marvin Jeff coat, and a disc jockey. Th e setting couldn’t have better in the Lighthouse Courtyard, with a beautiful setting sun, an ocean breeze and a brilliant blue sky. Th e night was just perfect.

2011 NATIONAL CONFERENCE: HUNTINGTON BEACH, CA 34 | NDIA 2011 NATIONAL CONFERENCE

Congratulations to NDIA President Teri Moore, the conference com- mittee, presenters and participants of the conference. Th is year’s NDIA National Conference exemplifi ed why the organization continues to grow and prosper. It’s always great being able to put faces to names, meeting new people and associating with like- minded individuals who are trying to give their very best for indigent defendants. national conference

HUNTINGTON BEACH, CA NDIA 2011 NATIONAL CONFERENCE | 35 national conference I look forward to next year’s National Conference because the NDIA only gets better. Hope to see you all next year in Atlanta, Georgia.

2011 NATIONAL CONFERENCE: HUNTINGTON BEACH, CA 36 | National Defender Investigator Association

Building the Self-Help Libraries

nitially, Ada County Jail In-Custody Program Coordinator Sandy Jones and Denise Arellano, an investigator at the Federal Defender At the Huntington Beach NDIA National Conference, Services of Idaho, had a joint goal of building a self-help library the President’s Banquet Raffl e proceeds of $1400 went to I that was responsive to inmate needs and would include books people fund the Idaho Inmate Education Fund (IIEF) scholar- would want to pickup and read. As Denise puts it, “We wanted ship program. IIEF is a non-profi t organization started by inmates to put down the Harlequin romance novels and pick up a longtime NDIA member Denise Arellano to assist Idaho’s book that would help them examine their lives.” indigent county jail inmate population.

After two years of building, the 300-volume library includes stan- In October 2008, IIEF was created as a response to unmet dard AA materials, self-esteem and relationship-building titles, basic needs at the Ada County Jail (ACJ) in Boise, Idaho. Th e mental health education and parenting literature, GED study guides goal was to have a non-profi t organization that would and job fi nding strategies titles. (1) build self-help libraries and (2) create programming scholarships at county jails throughout Idaho. Most of the books were collected via used book drives or were purchased at a local used book shop where IIEF has an account. In 2008, Trip Taylor Booksellers in Boise assisted IIEF in establishing an account where donations, either in cash or credit through the sale of used books, were collected. After an article appeared about the IIEF in the local paper, IIEF’s account at Trip Taylor received donations, in either cash or credit form, of several thousand dollars. A local judge, senior citizens and defense attorneys were among those who contributed to the account.

Once the initial library was established, posters were placed in the Ada County Jail pods requesting that inmates send a kite if they wanted a specifi c self-help book topic. Popular topics have included how to learn better parenting skills, how to get a job with a criminal record, how to overcome sexual addiction, and how to cope with bipolar disorder diagnosis. Some of the most popular books in the ACJ self-help library are from the For Dummies collection, including Bipolar for Dummies and Anxiety for Dummies. Th e initial inmate requests were overwhelming. As Sandy recalls, “Th e fi rst stack of kites for self-help books was over one inch thick.” National Defender Investigator Association | 37

Building Self-Help Libraries, continued

Since the original library was started at the ACJ in 2008, additional ning to a scholarship fund that will hopefully grow in size and scope. libraries have been built in jails at Washington and Canyon coun- Th e $1,400 NDIA raised through the annual conference President’s ties. Two IIEF volunteers, working with jail staff , act as librarians in Banquet Raffl e was a tremendous gift to the many needy inmates in these facilities. Th e Washington County Jail just received a $1,000 Idaho’s largely rural communities. donation from the Idaho Association of Criminal Defense Lawyers (IACDL) for the purchase of GED study materials. Initially, IIEF’s goal was to provide something for Idaho county jail inmates to do while they served their time. IIEF’s mission is to stop Funding Programming Scholarships the cycle of inmates counting the days before their release while IIEF’s second goal of creating programming scholarships is just be- reading Harlequin romances and watching Mexican soap operas. ginning to be realized. Most programming Idaho county jail inmates Th e goal is to create an opportunity for inmates to examine why they receive is on a self-pay basis. If they want to attend ACJ’s excellent, are incarcerated and begin the steps toward becoming productive 4-week Substance Abuse Treatment class, it’s a $200 fee. Th ere are members of society. costs ranging from $25-200 for any inmate who desires to improve themselves through anger management, parenting or Moral Recona- If you are interested in how to start a jail based self-help library, a tion Th erapy (MRT), even if the course is court ordered. Although scholarship program or make a tax-deductible donation to the Idaho some limited county funding is available in Ada County, Idaho’s 43 Inmate Education Fund, please contact NDIA Member Denise other county jails either do not have any programming or the courses Arellano via mail: IIEF, PO Box 771, Boise, ID 83701; phone: 208- are only available on a self-pay basis. 890-6033; or email: [email protected].

“Th e biggest tragedy about the lack of funding to me, is the GED Above, ADA County Jail InCustody Program Coordinator Sandy Jones classes,” Denise says. If an inmate in any Idaho county jail wants a in turtleneck, and Idaho Inmate Education Fund Program Coordina- GED, they must pay $85. In most adjacent states, including Wash- tor Denise Arellano, in argyle sweater, reviewing donations to the Ada ington, Oregon and Montana, a GED is off ered free of charge to County Jail’s Sel2f-Help Library. Photo courtesy of the Idaho Business any county jail inmate who would like to pursue obtaining it. Aside Review. from IIEF, there are no federal, state or county funds available to pay for an inmate who wants to obtain their GED in one of Idaho’s Denise Arrellano county jails. “An education is so important to reducing recidivism in our communities. My goal is that not one county jail inmate who wishes to get an education will be refused,” Denise says.

Th e IIEF scholarship fund will be available for indigent inmates who want to take advantage of county jail programming. Th e Greater Boise Rotary Foundation and NDIA have donated a total of $2,400 towards the creation of the scholarship fund that will benefi t poor people accused and convicted of crimes in Idaho. It is a great begin- 38 | National Defender Investigator Association

Investigator of the Year Edward McFarland

ixteen years ago, I was hired as an In- Not the pretty, pristine, fl uff y stuff in travel vestigator by the late Robert Vossler magazines. No sir, this was half frozen liquid Sto fi ll a position in the Gainesville, swamp water raining down on North Cen- Florida offi ce. Coming from a background tral Florida as I watched from my window. of law enforcement, I will admit, I started I lowered my head in my hands wondering my fi rst day with more than a little trepida- if it was an omen. Th ankfully, the phone tion. I had heard about those tricky Public on my desk began to ring and ended my Defender guys. What can I say, they made suicidal thoughts. me an off er I couldn’t refuse so I went to the dark side. Th e person on the other end of the phone breathed deeply. As I contemplated breath- Upon arriving at my fi rst day of work, I was ing deeply back just for fun, a booming spotlight unceremoniously informed that my new su- voice rang out. pervisor had decided to take annual leave the entire two weeks leading up to Christmas. “Hey there. Th is is Eddie McFarland from He had left a strange message...something the Tallahassee Offi ce. How the heck are ya By Patti Gallo about the fi sh biting, ho, ho, ho. His sec- today?” I’m sure I managed to squeak out retary fussed over me...getting me settled some kind of a response because he kept in...making sure I knew how to answer the talking. “Th ere’s just one thing I have to phone and the door bell, and how to check know before we continue this conversation. the mail before she promptly took annual Are you a Florida Gator Fan or a Florida leave as well. I started my career in an empty State Seminole Fan?” I had to be honest offi ce. Looking back, they were probably didn’t I? thrilled to have someone else on board to answer the phone for a change. “I absolutely hate the Seminoles,” I replied. “Well I absolutely hate the Gators,” Eddie At the end of the day, I was convinced I said laughing. “I can see we already have would be labeled a complete idiot by the something in common.” Over the years U.S. Attorney’s Offi ce, Probation and the Eddie and I became good friends...except Marshal Service. I had to refer every call to during football season. Tallahassee. I had absolutely no idea what the hell I was doing. Just as I decided things couldn’t get any worst, it started to snow. National Defender Investigator Association | 39

Investigator of the Year Edward McFarland, continued

Edward McFarland was raised in Port St. Board and informed he was being expelled, People were fl ocking to the state and hous- Joe, Florida, the seat of government for one he knew he had a choice to make. He was ing was at a premium. Everything changed of the smallest counties in the state. Gulf able to convince the board to give him an- quickly when the construction industry County stretches out along the Emerald other chance. He fi nally buckled down and crashed with the economy. Acting on the Coast and is home to a population of less fi nished college. “Th at man is proof that one advice of a good friend, Eddie applied for than 15,000 residents. Th e latest census person can make a diff erence,” Eddie told a probation offi cer position in Jacksonville, reports that almost 15% of the residents live me. “I wonder if he ever knew he changed Florida, with the now defunct, independent at or below the poverty level. For every 100 my life?” Parole and Probation Commission. To women over the age of 18, there are approxi- his surprise, Eddie was off ered the job. “I mately 80 men. Th at might explain a little In early 1970, Eddie enrolled at Florida walked into that offi ce with no experience. bit about Eddie’s crazy younger days. State University as a psychology major but I didn’t know what the hell I was doing,” later switched to social work with a minor he admitted. “Port St. Joe was a mill town when I was in psych. Th e last semester of college he in- younger,” Eddie told me recently. “A man terned at the notorious Florida State Mental Accepting the position forced Eddie to move could make a good living if he worked at Hospital in Chattahoochee. “It was a tough hundreds of miles away from friends and the mill, but it’s diff erent now. Th e mill is assignment,” Eddie told me. “I came out of family. “Living alone and so far away from closed, and work is hard to come by. If you there shaken. I had no more desire to be a home was a humbling experience,” he said. want to make a better living for your family, psychologist and work with people and their “I learned to be more accepting of people. you probably need to be living somewhere mental problems. My loneliness taught me that friends don’t else.” As a boy, he remembers the pulp have to be perfect—they just have to care. wood industry was thriving. Th e mill and In the early to mid 1970’s, Florida was a It was an experience that carries through the County were intertwined in a symbi- “boomtown” of construction. Eddie gradu- my approach to life to this day. Everyone otic relationship. Each needed the other for ated from Florida State University but wasn’t has a story if you just take the time to stop survival, and the people of the tiny fi shing sure what career path he wanted to take. and listen.” village needed a place to work. Always a lover of being outside in the warm Florida sun, he became an apprentice to a Th e oldest of fi ve children, Eddie always brick mason. knew that it was expected he and his siblings would go to college. His parents left no doubt about that. A mill worker himself, Eddie’s father knew that education was the path to a better life for his kids. All but one of the McFarland clan have college degrees; two hold Master’s Degrees. Eddie fondly remembers his two great aunts. In the early 1900’s, Zola and Viola moved to Tallahas- see and were among the fi rst women to seek college degrees in education.

Eddie admits that when he enrolled at Gulf Coast Community College in Panama City his heart was not in receiving an education. He was more interested in girls and raising hell. He had reached a rough spot and was contemplating what to do with his life when he was approached by a favorite teacher, Mr. Henry. “He challenged me to live up to my full potential. Without his advice, there is no telling where I would be,” Eddie explained. When he was called before the McFarland and his wife, Diane, have been married since 1981. 40 | National Defender Investigator Association

Investigator of the Year Edward McFarland, continued

When Eddie showed up for work in Jackson- team eff ort. Sometimes it takes the entire ville, he had one really good thing going for In this job, it’s important offi ce to make something happen. We are him. His supervisor was Jerry Cribbs, who to have something to often called upon to wear many hats.” later became a member of NDIA. “Cribbs’ unit got all of us misfi ts,” Eddie said laugh- clear your mind at the Eddie’s opinion about representing indigent ingly. “We were a crazy bunch of guys.” end of the day. This job is clients changed thanks to a single case, Eddie gives all the credit for his early success which he worked while still at the State as an investigator to Cribbs who took him emotionally draining. We Public Defender’s Offi ce. He and the at- under his wing and taught him how to be all work hard and give so torney were representing a man charged good at his job. “Cribbs preached that you much of ourselves. There with attempted sexual battery. He was a used whatever talents God gave to you to diffi cult client and did not give them much get the job done. To this day, I believe to be has to be something to look to work with. Numerous trips to the jail a good investigator you have to stay true to forward to outside of work. revealed little bits of information at a time. yourself and use whatever skills you bring During one frustrating interview, the client to the table to make it work.” mentioned that he had been in an Atlanta hospital—not in Tallahassee—when the at- Cribbs later accepted a position as an in- tempted rape supposedly occurred. Doubt- vestigator for the Federal Public Defender’s In 1984, during a fateful trip to the Leon ful of the new information, Eddie and the Offi ce in Jacksonville. Eddie had always County Jail, Eddie met Robert Vossler who attorney drove to Atlanta, Georgia. Arriving intended to return to Tallahassee. When a was the Federal Defender of the Northern after midnight at Grady Memorial Hospital, position opened up as a probation offi cer he District of Florida. He convinced Eddie to they located and interviewed the physician transferred back in 1976. apply for an investigator position that would that treated their client. To their surprise, be opening up in the near future. Eddie had he had told the truth. During the alleged During 1979 and 1980, two good things to think long and hard about the change it attempted rape, the client was hospitalized happened. Eddie accepted a position as an would make in his life, so he talked with his in another state. investigator for the State Public Defender’s wife. Taking the job would mean a salary cut, Offi ce in Tallahassee, and he met his wife and with a young family depending on him, “It’s easy to get jaded or lose confi dence that Diane. Eddie and Diane married in 1981, money was an important factor. However, your clients are trustworthy” Eddie told and, overnight, he became a father to her after careful consideration, they both agreed me. “Don’t forget to treat each client with precocious little girl, Danielle, whom he he should accept the off er. respect. Th ey need to know that the person later adopted as his own. Eddie and Diane that holds the key to their immediate future also have two daughters, Aubrey and Allison. When he fi rst received his badge from Wash- respects them, if nothing else. You don’t He is a devoted father and husband and ington, his number was 50. “Th ere weren’t a have to like someone to show respect. Do will be the fi rst to tell you his world centers whole lot of us back then,” Eddie explained. the best you can. You owe it to a client to do around his family. You had to rely on people you had never met that much. Treat them with the dignity you from all around the country for advice and would want extended to you. I’ll be the fi rst After returning “home,” as Eddie calls Tal- for help. Th e friendships and camaraderie to admit, that isn’t always easy.” lahassee, he and his cousin formed a blue- forged through those fl edgling fi rst years are grass band called Cypress Creek. Th e group still with me today. If you don’t know how was together for almost 30 years before the to do something, pick up the phone and call Over the years, Eddie and I have worked on members moved on to diff erent endeavors. another investigator. Chances are someone many cases together. By far, the craziest have Eddie remains involved in the music indus- else has already dealt with the same issue.” been the ones from the Gulf Coast Counties. try and writes his own lyrics and music. He In 2010, Eddie called on me to assist him is currently in the process of producing his Robert Vossler had a family-centered ap- with a sentencing video. We traveled to the fi rst CD. “In this job, it’s important to have proach to defense work. “I think the main sleepy little fi shing village of Steinhatchee. something to clear your mind at the end reason I took the man up on his off er was Eddie’s client was a local handyman charged of the day. Th is job is emotionally drain- the way he treated his clients. He was fair with “possession of a fi rearm by a convicted ing. We all work hard and give so much of and understanding and totally dedicated to felon.” He was facing a lengthy prison sen- ourselves. It can be so draining. Th ere has defense work,” Eddie said. “As an investiga- to be something to look forward to outside tor, you can’t forget that representation is a of work. Music is my escape.” National Defender Investigator Association | 41

Investigator of the Year Edward McFarland, continued tence. By the time I got involved with the editing software. Not to be detoured by deep of life is by far his best asset. “He is an excel- case, Eddie had already interviewed a lot budget cuts, Eddie took the raw footage to a lent interviewer. He creates an environment of the witnesses. He set up appointments friend and local movie producer who agreed that makes people want to talk because they with some of Steinhatchee’s more prominent to put the sentencing video together for a trust him.” citizens. Th ey were standing in line to speak minimal amount. on “Ralph’s” behalf. We interviewed a former Over the years, “Eddie Mac,” as we aff ec- State Trooper, a Corrections Offi cer, a res- Th e video was submitted to the Judge prior tionately call him, has become a good friend taurant owner and his wife, a businessman to sentencing. Th e overwhelming support and mentor. When the opportunity came to from Atlanta and the man’s ex-wife. from the residents of Steinhatchee spoke nominate him for Investigator of the Year volumes. Th e careful way Eddie treated the his co-workers jumped at the chance. It is Everyone said the same: the town depended material and the passionate appeal by Attor- no surprise to us that he was selected by the on him. During the storm of the century, ney William Clark helped change the course committee. Eddie casts a long shadow, but Ralph watched as helpless citizens became of a man’s life. Instead of a lengthy prison the man is an enigma. Our gentle giant has stranded by the rising Gulf tide. Many were sentence, Ralph received a short sentence taught all of us a thing or two about humil- disabled seniors. Steinhatchee became an followed by supervised release. Th e outcome ity and using a soft touch. He approaches island and was cut off from outside help. reminded all of us why we try so hard. interviews like a true Southern gentleman Refusing to stand by and let his neighbors and is never afraid to ask questions when perish, Ralph cranked up his ragged “boom On the wall of Eddie’s offi ce hangs a “count- there is something he doesn’t understand. truck” and drove through water up to the down clock” placed there by Attorney Wil- He is equally at ease in the palm groves of driver’s door to rescue those stranded by the liam Clark, who is retiring in 365 days, 8 sleepy little fi shing communities that dot the fl ooding. “He was my savior,” an elderly hours and 32 minutes. “I wanted to remind coast or in the state capitol working white woman told us. “Th is town would be lost Eddie everyday how much longer he has to collar crimes. without our Ralph.” put up with me,” Clark explained during a recent conversation. “What I can honestly When I asked Eddie what advice he could When Eddie later reviewed the interviews, say about working with Eddie for so many pass on to other investigators he replied, he was astonished by what had been re- years...It’s always been interesting. Th ere “Remember that integrity and honesty are corded. Th e hard part would be putting the have been many crazy cases and crazy adven- an investigator’s best assets. If you lose trust, information in a format that would clearly tures. He worked his ass off in Steinhatchee you lose everything. Be humble enough to portray what a unique individual the cli- for Ralph. He deserves Investigator of the ask for help. Reach out to others who have ent was, and why he desperately needed a Year for that case alone.” forged the path before you. Don’t ever forget downward departure. that this job is not about you, it’s about the What baffl es Clark is how Eddie always future of someone else.” Eddie reached out to fellow investigators manages to take control of interviews. “I around the country and received much ask the damn question, and what happens? “Regardless of what you think of the cli- needed advice on putting the material to- Th e client turns to Eddie and answers. I ent or the crime they’re charged with, it is gether in an understandable and condensed end up playing bad cop and Eddie becomes paramount that you make sure no rights format. Th e cost to have the video edited their best friend.” Clark admits that Eddie’s were violated. By protecting the rights of down was staggering due to time restraints. ability to bond with clients from all walks clients, you are protecting the rights of our Our offi ce did not have access to expensive society as well.” ■

Remember that integrity and honesty are an investigator’s best assets. If you lose trust, you lose everything. Be humble enough to ask for help. Reach out to others who have forged the path before you. Don’t ever forget that this job is not about you, it’s about the future of someone else. 42

atlanta national conference

2012 NDIA NATIONAL Check-In: 4:00 pm CONFERENCE Check-Out: 11:00 am AT A GLANCE Cut-off date for hotel reserva- tions: April 4, 2012.

LexisNexis Parking: 2012 Conference Platinum Sponsor Guest Parking: $20.00 per day for self- parking; $30.00 Valet Parking with in/out privileges. NDIA attendees will be given 2012 NDIA National Conference a 25% discount on overnight self & valet April 19-20, 2012 parking. (April 18, 2012 Federal Day Training) Transportation: Grand Hyatt Atlanta 3300 Peachtree Road AIRPORT: Hatsfi eld/Jackson Atlanta, 18 Atlanta, Georgia 30305 miles from hotel. 404-237-1234 www.grandhyattatlanta.com SHUTTLE SERVICE: From Hatsfield/ Jackson Atlanta Airport, hotel shuttle service Room Rate: $140 or prevailing Government is available outside the Ground Transporta- per diem rate. Group rates are available from tion Center, located at the west end of the April 15 - April 21, 2012 building. Courtesy phones are also available Reservations: at baggage claim areas for both North & South Terminals. Th e Grand Hyatt does 404-237-1234 not provide a courtesy shuttle to or from (Refer to NDIA Group Meeting.) the airport. Th e shuttle service, which goes to the Hyatt NDIA 2011 NATIONAL atlanta national conference: CONFERENCE | 43 (Buckhead area of Atlanta), is “Th e Atlanta agenda Airport Shuttle Service,” 404-941-3440, or you can make a reservation online at www. Tuesday, April 17, 2012 taass.net. Roundtrip charge is $37.00. 6:00-8:00 pm TAXI: Located in the Yellow Bus Aisle at the Federal Day Hospitality airport. $40 one way from the airport to the Grand Hyatt in Buckhead. Wednesday, April 18, 2012 OTHER: For car rental, bus, train or MAR- Federal Day Training TA information go to the airport website www.atlanta-airport.com 8:00 am Continental Breakfast Hotel: Th e Grand Hyatt Atlanta is situated in the 8:30 am heart of Buckhead, Atlanta’s most prestigious General Session neighborhood. Th is luxury hotel off ers an ideal location, with convenient access to 10:30 am - 5:00 pm MARTA rapid transit and some of the city’s Federal Day Concurrent Sessions most renowned dining and entertainment venues. Just a short walk from the hotel are 6:00-8:00 pm the Phipps Plaza and Lenox Square shopping NDIA Registration, malls with department stores, restaurants Hospitality & Exhibits and movie theaters.

STANDARD GUEST AMENITIES: Th ursday, April 19, 2012 • Access to fi tness center, pool and business center 8:00 am - 5:00 pm • Newspapers delivered to room daily NDIA Training Sessions • Complimentary high speed in- ternet access in room 5:00 pm • Complimentary chauff eured car ser- Business Meeting vice within a 2 mile radius of the hotel • Hairdryer, bathrobes, coff ee 6:00-9:00 pm maker with complimentary cof- Presidents Reception fee, iron, bath amenities Sponsored by LexisNexis • In-room safe Awards Ceremony, Investigator Local attractions include the Georgia & Paralegal of the Year Aquarium, Atlanta History Museum, Centennial Olympic Park, Underground Atlanta, Coca-Cola Museum, CNN Cen- Friday, April 20, 2012 ter, Historic Midtown Atlanta and Atlanta Braves baseball. 8:00 am - 5:00 pm NDIA Training Sessions We look forward to seeing you at the 2012 National Conference!

NDIA CONFERENCE COMMITTEE Mark Neer, Sean Broderick, Co-Chairs Karen Jackson Drew Davis Walter Ott Herbert Duzant Colleen Flanagan-Taylor Beverly Davidson 44 national conference: atlanta atlanta national conference: NDIA 2011 NATIONAL CONFERENCE | 45 46 | MEMBER & INDUSTRY NEWS

In Memory: Charles T. Kling

harles (Tim) T. Kling, 54, a resident of Las Cruces, New CMexico, died at the Memo- rial Medical Center on Friday, June 24, 2011. The following is a press release which appeared on the website of the United States attorneys for the Southern Tim was born in Bisbee, Arizona, District of New York. It details the factual allegation on November 1, 1956, the second which led to the indictment of FBI agent Adrian Busby. of three children of Chuck and JoDean Kling. He is survived by Criminal defense investigators will not be surprised that agents can his loving wife Barbara, daughters Samantha, Valerie and Anna, and do make false statements concerning their confi dential human granddaughters Nevaeh and Harmony of Las Cruces, New Mexico, sources. Th e indictment alleges that false statements were made in the along with many other relatives and many great friends. Tim’s only “confi dential human source opening communication” when Busby real and true loves in life were his girls—wife, daughters and grand- denied that his informant was the subject of an on-going investiga- daughters. Tim is a graduate of New Mexico Military Institute tion by other law enforcement agencies. Under US Department of (JC77) and a Veteran of the US Navy, honorably discharged in Justice guidelines, the agent must provide a full identifi cation of the 1983 after serving for six years in squadron VA-75, Th e Sunday informant, a photograph, a criminal history or notice of pending Punchers, aboard the USS Saratoga, CV-60. criminal investigation and/or whether the informant is under arrest or charged in a prosecution in the initial validation. Tim entered public service after leaving the U.S. Navy. He worked law enforcement in Silver City, New Mexico, until he advanced Secondly, this case is signifi cant because an FBI supervisor must review to the position of Chief Investigator for the District Attorney’s and approve an initial validation of the informant before the agent Offi ce for 6th Judicial District, which consists of Grant, Luna and can begin giving the informant taskings. In this case, apparently the Hidalgo counties. He later moved to Las Cruces, New Mexico, FBI supervisor either did not check any of the factual information in where he became the Chief Investigator for the 3rd Judicial Dis- the validation/opening communication or performed so poorly that it trict for Doña Ana County. He then left public service for a short did not uncover the informant’s involvement in other crimes. time, at which time he co-founded a private investigative service, Sunrise Investigations. However, Tim’s love for helping people Th e article reinforces the need for scrutiny in cases involving federal was too great, and for the past 18 years he has worked as Federal informants and gives us some leads we may want to request in discovery Investigator for the U.S. Courts in the Federal Public Defender’s about their validation. Offi ce in Las Cruces-a job he truly loved. - Peter Zenner In life, Tim was an avid outdoorsman and sought every opportu- nity to camp, hunt, fi sh and backpack with his family and friends. Quick-witted and an excellent sense of humor, he was well liked and considered to be the life of any social event.

Tim jokingly said that when he died he wanted the following inscription on his headstone: “I told you I was sick.” However, per his wishes, Tim was cremated and his remains released in the Gila Wilderness at his favorite lakeside location. Tim didn’t want a funeral service, only a wake. Friends and relatives honored Tim in a celebration of his life at his favorite restaurant/bar and friend’s establishment in Las Cruces, July 9, 2011 called “My Brother’s Place,” 336 S Main Street, Las Cruces, New Mexico, with a special thanks to John Gutierrez, a good friend and proprietor. Arrange- ments by Getz Funeral Home and Getz Family Crematory corner of Solano and Bowman Ave., Las Cruces, New Mexico. To sign the local online guestbook go to www.GetzCares.com. MEMBER & INDUSTRY NEWS | 47

FBI Agent Indicted In Manhattan Federal Court for Alleged False Statements Made in Connection with Use 0f Confi dential Source

MAY 17, 2011 report, Busby falsely stated that he had not intentionally provided the defense attorney with the Reports, when in fact, he had. reet Bharara, United States Attorney for the Southern • • • District of New York, and James E. Tomlinson, the PSpecial Agent-in-Charge of the New York Field Offi ce Busby, 37, of El Paso, Texas, was charged with two counts of of the Department of Justice Offi ce of the Inspector General making false statements. Each count carries a maximum sentence (DOJ-OIG), announced the unsealing of a federal indictment of fi ve years in prison, a fi ne of the greater of $250,000 or twice charging Adrian Busby, a Special Agent of the Federal Bureau of the gross gain or loss from the off ense. Mr. Bharara praised the Investigation (FBI), with making false statements in connection investigative work of the DOJ-OIG and thanked the Queens with his use of a confi dential source of information in 2008 and County District Attorney’s Offi ce for their assistance with the 2009. Busby voluntarily surrendered to authorities in El Paso, investigation. Th is case is being prosecuted by the Offi ce’s Public Texas, this morning and will be arraigned there in federal court Corruption Unit. Assistant U.S. Attorney Glen G. Mcgorty is in on these charges later today. charge of the prosecution. Th e charges contained in the Indictment are merely accusations and the defendant is presumed innocent According to the Indictment unsealed in Manhattan federal unless and until proven guilty. court today, beginning in late 2007, Busby was the case agent in a mortgage fraud investigation being conducted by the New York Source: United States Attorney Southern District of New York, MAY Division of the FBI. In connection with this investigation, on 17, 2011; Ellen Davis, Jerika Richardson, Carly Sullivan, Edeli January 10, 2008, Busby sought and received offi cial authorization Rivera, Public Information Offi ce, (212) 637-2600. to use an individual as an FBI confi dential source of information (Confi dential Source). Th e Confi dential Source was designated as such from January 10, 2008, through September 18, 2008. Begin- ning in 2008, Busby allegedly engaged in an intimate relationship with the Confi dential Source.

On February 5, 2008, the Confi dential Source was arrested by the New York City Police Department and prosecuted by the Queens County District Attorney’s Offi ce for identity theft and related charges. It is alleged that Busby actively assisted with her criminal defense and met with her defense attorney on multiple occasions. In December 2009, during the Confi dential Source’s trial, Busby provided her defense attorney with confi dential, law enforcement- sensitive reports (Reports) related to her case, among other docu- ments, in violation of FBI regulations. On December 15, 2009, after a jury trial, the Confi dential Source was convicted.

Beginning in January 2008 and continuing through at least De- cember 2009, Busby allegedly made numerous false statements regarding the Confi dential Source and the steps he took to assist her in connection with her trial. First, on January 10, 2008, in a “Confi dential Human Source (CHS) Opening Communication,” Busby falsely stated that the Confi dential Source was not the sub- ject or target of any criminal investigation, when, as he well knew, she was the subject or target of an investigation being conducted by the New York City Police Department and the Queens County District Attorney’s Offi ce. Second, in a December 22, 2009, FBI 48 | MEMBER & INDUSTRY NEWS

Leahy Proposes Landmark committees that are facilitated and supported by the Department of Justice and the National Institute of Standards and Technolo- Forensics Reform Legislation gies (NIST). Th e bill will also help ensure rigorous and consistent standards in the forensic science disciplines, including standards for Bill Would Improve Reliability of Forensic Evidence the accreditation of forensic science laboratories and the certifi ca- tion of forensic science professionals working in laboratories that receive federal funding. It will seek to ensure that basic research is enator Patrick Leahy (D-Vt.) introduced legislation conducted to establish the validity and reliability of key forensic Tuesday to strengthen and improve the quality of forensic science disciplines. Sevidence routinely used in the criminal justice system. Th e legislation is aimed at ensuring that forensic evidence used in “Everyone recognizes the need for forensic evidence that is accurate criminal cases is of the highest scientifi c integrity. Before the 111th and reliable,” said Leahy. “With a new structure in place that draws Congress adjourned, Leahy announced his intention to introduce on both criminal justice expertise and scientifi c independence, I forensics reform legislation early this year. believe we will further ensure that only the most reliable forensic evidence is used in our criminal courts. We must provide law Th e Criminal Justice and Forensic Science Reform Act will en- enforcement with reliable forensics capabilities, and we cannot sure that forensic science reform eff orts are guided by scientists allow innocent people to be wrongfully convicted based on faulty and experts with both criminal justice expertise and scientifi c forensic evidence.” independence by establishing oversight and advisory offi ces and Leahy continued, “Th is bill aims to carefully balance the competing considerations that are so important to getting a review of foren- sics right. It also capitalizes on existing expertise and structures, rather than calling for the creation of a costly new agency. I am committed to exploring ways to use existing resources so that this urgent work will not negatively impact the budget. Ultimately, improvements in the forensic sciences will save money, reduce the number of costly appeals, shorten investigations and trials, help eliminate wrongful imprisonments, and reduce crime by ensuring that those who commit serious off enses are promptly captured and convicted.”

In February 2009, the National Academy of Sciences released a report identifying signifi cant problems within the fi eld of forensic science. Leahy chaired two Senate Judiciary Committee hearings in the last Congress focusing on the report’s fi ndings. Leahy invited testimony from the Director of the Vermont Forensic Laboratory, Dr. Eric Buel, about the support the Vermont Forensic Laboratory has received through federal grants, and about the growing need to make improvements to forensic science. Forensic science plays a critical role in the investigation and prosecution of criminals.

Th e Leahy-authored legislation introduced Tuesday seeks to ad- dress concerns raised in the report, including the need for uni- form standards for forensic evidence testing and analysis. Among other things, the Criminal Justice and Forensic Science Reform Act will:

• Establish an Offi ce of Forensic Science within the Department of Justice to make determinations about priorities, standards and structure, and to implement and enforce systems estab- lished by the Criminal Justice and Forensic Science Reform Act; MEMBER & INDUSTRY NEWS | 49

Leahy Proposes Landmark Forensics Reform Legislation, continued

• Establish a Forensic Science Board comprised of scientists, prac- studied the problem exhaustively, and has worked with a wide ar- titioners, prosecutors, defense attorneys and other stakeholders ray of experts and stakeholders. Th e legislation I introduce today to make recommendations in research priorities, standards and is a product of this process. It seeks to strengthen our confi dence best practices; in the criminal justice system, and the evidence it relies upon, by ensuring that forensic evidence and testimony is accurate, credible, • Establish Committees of scientists to be overseen by the and scientifi cally grounded. National Institute of Standards and Technology which will examine each individual forensic science discipline to deter- Th e National Academy of Science published a report in February mine research needs and help set uniform standards; 2009 asserting that the fi eld of forensic science has signifi cant prob- lems that urgently need to be addressed. Th e report suggested that • Require that all forensic science laboratories receiving federal basic research establishing the scientifi c validity of many forensic funding be accredited according to rigorous standards set by science disciplines has never been done in a comprehensive way. the Forensic Science Board and the Offi ce of Forensic Science, It suggested that the forensic sciences lack uniform and unassail- and that forensic scientists meet basic profi ciency, education able standards governing the accreditation of laboratories, the and training requirements for certifi cation; and certifi cation of forensic practitioners, and the testing and analysis of evidence. • Promote foundational and innovative peer-reviewed scientifi c research that will strengthen the forensic sciences. Th e National Academy of Science’s report was an urgent call to action. It has been hailed and widely cited since its release. It has Th e text of the Criminal Justice and Forensic Science Reform also been criticized by many. I did not view the Academy’s report Act is available online [leahy.senate.gov/press/press_releases/ as the fi nal word on this issue, but rather as the starting point for a release/?id=6ae7da4b-ec1f-465e-b521-d763ecdc853f]. searching review of the state of forensic science in this country.

Last Congress, the Judiciary Committee held two hearings on the issue. Committee members and staff spent countless hours talk- ing to prosecutors, defense attorneys, law enforcement offi cers, judges, forensic practitioners, academic experts, and many, many others to learn as much as we could about what is happening in the forensic sciences and what needs to be done.

As this eff ort has progressed, I have been disturbed to learn about still more cases in which innocent people may have been convicted, and perhaps even executed, in part due to faulty forensic evidence. It is a double tragedy when an innocent person is convicted. An innocent person suff ers, and a guilty person remains free, leav- ing us all less safe. We must do everything we can to avoid that Statement Of Senator Patrick Leahy, Chairman, Senate Judi- untenable outcome. ciary Committee, On Introduction Of Th e “Criminal Justice And Forensic Science Reform Act Of 2011” At the same time, through the course of this inquiry, it has become January 25, 2011 abundantly clear that the men and women who test and analyze forensic evidence do tremendous work that is vital to our criminal I am proud today to introduce the Criminal Justice and Forensic justice system. I remember their important contributions and hard Science Reform Act of 2011. Th is legislation is an important rstfi work from my days as a prosecutor, when some of the forensic step toward guaranteeing the eff ectiveness and scientifi c integrity disciplines we have now did not even exist. Th eir work is even of forensic evidence used in criminal cases, and in ensuring that more important today, and we need to strengthen the fi eld of Americans can have faith in their criminal justice system. forensics—and the justice system’s confi dence in it—so that their hard work can be consistently relied upon, as it should be. In March of 2009, the Senate Judiciary Committee began its examination of serious issues concerning forensic science, which is at the heart of our criminal justice system. Th e Committee has 50 | MEMBER & INDUSTRY NEWS

Leahy Proposes Landmark Forensics Reform Legislation, continued

It is beyond question that everyone recognizes the need for forensic forensic practitioners should be required to obtain meaningful evidence that is accurate and reliable. Prosecutors and law enforce- certifi cation. ment offi cers want evidence that can be relied upon to determine guilt and prove it beyond a reasonable doubt in a court of law. Th e bill I introduce today seeks to address these widely recognized Defense attorneys want strong evidence that can be used to exclude needs. It requires that all forensic science laboratories that receive innocent people from suspicion. Forensic science practitioners Federal funding or Federal business be accredited according to want their work to have as much certainty as possible and to be rigorous standards. It requires all relevant personnel who perform given deserved deference. All scientists and all attorneys who care forensic work for any laboratory or agency that gets Federal money about these issues want the science that is admitted as evidence to become certifi ed in their fi elds, which will mean meeting basic in the courtroom to match the science that is proven through profi ciency, education, and training requirements. rigorous testing and research in the laboratory. Th e bill sets up a rigorous process to determine the most serious Th ere is also general agreement that the forensic sciences can be needs for research to establish the basic validity of the forensic improved through strong and unassailable research to test and disciplines, and establishes grant programs to provide for peer- establish the validity of the forensic disciplines, as well as the ap- reviewed scientifi c research to answer fundamental questions and plication of consistent and regular standards in the fi eld. Th ere is promote innovation. It also sets up a process for this research to a dire need for well managed and appropriately directed funding lead to appropriate standards and best practices in each discipline. for research, development, training, and technical assistance. It is Th e bill funds research into new technologies and techniques that a good investment, as it will lead to fewer trials and appeals, and will allow forensic testing to be done more quickly, more effi ciently, will reduce crime by ensuring that those who commit serious of- and more accurately. I believe these are proposals that will be widely fenses are promptly captured and convicted. supported by those on all sides of this issue.

Th ere is also broad consensus that all forensic laboratories should be required to meet rigorous accreditation standards and that MEMBER & INDUSTRY NEWS | 51

Leahy Proposes Landmark Forensics Reform Legislation, continued

Th ere have been of course some areas of disagreement, particularly mittees’ recommendations receive signifi cant deference, and the as to who should oversee these vital reforms to the fi eld of forensics. committees will be overseen by the National Institute of Standards Some have argued that, because the purpose of forensic science and Technology (NIST), a respected scientifi c agency. NIST will is primarily to produce evidence to be used in the investigation also implement grant programs for research into the forensic and prosecution of criminal cases, it is vital that those regulating sciences premised on the research priorities established by the and evaluating forensics must have expertise in criminal justice. Forensic Science Board and the Offi ce of Forensic Science. Th e Th ey have said that at the Federal level, the Department of Justice National Science Foundation will help to ensure that the grant is the natural place for an offi ce to examine and oversee the fo- programs are run properly, with rigorous scientifi c peer review rensic sciences and have emphasized the need for forensic science and without any bias. practitioners to have substantial input in evaluating research and standards. Th is bill aims to carefully balance the competing considerations that are so important to getting a review of forensics right. It also Others have argued that, for forensic science to truly engender capitalizes on existing expertise and structures, rather than calling our trust and confi dence, its validity must be established by inde- for the creation of a costly new agency. It seeks to proceed modestly pendent scientifi c research, and standards must be determined by and cost eff ectively, with ample oversight, checks, and controls. I scientists with no possible confl ict of interest. Th ey have argued for am committed to exploring ways to use existing resources so that protections to ensure independent scientifi c decision making, as this urgent work will not negatively impact the budget. Ultimately, well as the signifi cant involvement of Federal scientifi c agencies. improvements in the forensic sciences will save money, reduce the number of costly appeals, shorten investigations and trials, and I fi nd both of these arguments persuasive. I know fi rsthand the help to eliminate wrongful imprisonments. importance of understanding how the criminal justice system works when evaluating the needs and practices in forensic science. I understand that sweeping forensic reform and criminal justice I also understand that it is absolutely essential that forensic science reform legislation not only should, but must, be bipartisan. Th ere be grounded in independent scientifi c research in order to avoid is no reason for a partisan divide on this issue; fi xing this problem any question of convictions being based on faulty forensic work. does not advance the interests of only prosecutors or defendants, or of Democrats or Republicans, but the interests of justice. I have Th is legislation attempts to address both of these concerns with worked closely with interested Republican Senators on this vital a hybrid structure that ensures both criminal justice expertise issue. I will continue to work diligently with Senators on both sides and scientifi c independence. It establishes an Offi ce of Forensic of the aisle to ensure that this becomes the consensus bipartisan Science in the Offi ce of the Deputy Attorney General within the legislation that it ought to be. I hope many will cosponsor this Department of Justice. Th at offi ce will have a Director who will legislation, and work with me to ensure its passage. make all fi nal decisions about research priorities, standards, and structure and who will implement and enforce the systems set up I want to thank the forensic science practitioners, experts, ad- by the legislation. vocates, law enforcement personnel, judges, and so many others whose input forms the basis for this legislation. Your passion for It also establishes a Forensic Science Board composed of forensic this issue and for getting it right gives me confi dence that we will and academic scientists, prosecutors and defense attorneys, and work together successfully to make much needed progress. other key stakeholders. Th e Board will have a careful balance, and a majority of its members will be scientists. It will recommend I hope all Senators will join me in advancing this important all research priorities and standards and other key defi nitions and legislation to bolster confi dence in the forensic sciences and the structures before the Director of the Offi ce of Forensic Science criminal justice system. makes a decision. Th e bill will include important protections to encourage the Director to defer to the recommendations of the I ask unanimous consent that the text of the Criminal Justice and Board and to ensure that he or she explains to Congress and to the Forensic Science Reform Act be printed in the Record. public, with opportunities for comment, any decision to disregard the Board’s recommendations. SOURCE: Senator Patrick Leahy’s website: leahy.senate.gov/press/ press_releases/release/?id=6ae7da4b-ec1f-465e-b521-d763ecdc853f. Th e bill also establishes committees of scientists to examine each Press Release, January 25, 2011 individual forensic science discipline to determine research needs and standards. It includes protections to ensure that the com- 52 | MEMBER & INDUSTRY NEWS

Digital Forensics: Regional Labs Help Solve Local Crimes

n 2008, Illinois police received disturbing information about support of investigations—everything from child pornography and a Chicago woman who had taken a 3-year-old to a “sex party” terrorism to violent crime and economic espionage cases. Iin Indiana where the child and an 11-year-old girl were abused by three adults. However, by the time the tip was received, the Using sophisticated tools and technology, RCFLs analyze evidence crime had already occurred, and there seemed to be no evidence from all kinds of electronic devices, including computers, cell to support criminal charges. phones, video game consoles and reel-to-reel tapes.

But there was evidence. Buried deep within the woman’s computer, “Anything that can store data electronically can be analyzed,” and examiners from our Regional Computer Forensics Laboratory said Special Agent Justin Poirier, deputy director of the Chicago (RCFL) in Chicago found it-a deleted e-mail titled “map to the RCFL. party” that contained directions to an Indiana hotel. Th e evidence led to charges against all three adults, who were later convicted RCFL examiners—all certifi ed by the FBI—specialize in locating of aggravated sexual abuse and are currently in prison serving life encrypted, deleted or damaged fi le information that could be used sentences. as evidence in an investigation.

“Th at’s just one example of what we do every day,” said John “Digital evidence has become part of just about every type of in- Dziedzic, a Cook County Sheriff ’s Offi ce forensic examiner who is vestigation,” Poirier said, “because today everybody uses computers the director of the Chicago RCFL. “Evidence we produce here-and and portable electronics such as cell phones.” testify to in court-is crucial in a variety of major investigations.” Th e benefi t of having a regional forensic facility, he added, is that Th e FBI established the fi rst RCFL in San Diego in 2000, and the FBI can bring its expertise and training directly to where it today there are 16 Bureau-sponsored labs located around the is needed. country, staff ed by agents and other federal, state, and local law enforcement agencies. Each facility is a full-service forensics labora- tory and training center devoted to examining digital evidence in MEMBER & INDUSTRY NEWS | 53

Other Upcoming Conferences

RCFL By the Numbers August 2011 Th e Regional Computer Forensics Laboratory program, a national initiative funded and administered by the FBI, AUGUST 18 - 20 recently released its annual report for fi scal year 2010. TALI: Texas Association of Licensed Investigators, Below are a few of the program’s accomplishments. For Fort Worth, TX, www.tali.org more information, read the entire report. September 2011 • Number of RCFLs nationwide: 16 • Participating agencies: 130, from 17 states SEPTEMBER 11 - 13 • Examinations conducted: 6,564 NCISS: National Council of Investigation & Security • Examiner court testimony: 80 Services, Annual Hit the Hill Event and Board Meeting, • Computer hard drives processed: 57,067 National Harbor, MD, www.nciss.org • Agencies making requests: 722 • Training conducted: 7,403 law enforcement SEPTEMBER 13 - 14 personnel. PALI: Pennsylvania Association of Licensed Investigators, Annual Conference, Harrisburg, PA, www.pali.org

SEPTEMBER 13 - 17 “Th e idea is to create regional resources,” Poirier explained. “We CII: Council of International Investigators, Annual train the state and local examiners, who make a three-year commit- General Meeting, Boston, MA, www.cii2.org ment to the RCFL. When they return to their agencies, they have expertise and access they didn’t have before. And in the process, SEPTEMBER 19 - 22 we build lasting relationships with our regional partners.” ASIS: International 57th Annual Seminar & Exhibits, Orlando, FL, www.asisonline.org Dziedzic added, “Instead of sending evidence to the FBI Labora- tory in Quantico, we can analyze it much faster here in our own SEPTEMBER 23 - 24 backyard.” PPIAC: Professional Private Investigators Association of Colorado Annual Conference, Denver, CO, Chicago’s RCFL was established in 2003 and consists of fi ve FBI www.ppiac.org employees and 13 examiners from agencies including the Chi- cago Police Department, Cook County Sheriff ’s Offi ce and U.S. October 2011 Customs and Border Protection. It is the only digital forensics lab in Illinois to be accredited by the American Society of Crime OCTOBER 7 - 8 Laboratory Directors/Laboratory Accreditation Board. Indiana Association of Professional Investigators, Indianapolis, IA, www.iapi.net/events.htm “Accreditation is the gold standard when it comes to prosecuting cases and testifying in court,” Dziedzic said. “It means that we OCTOBER 11 - 16 operate at the highest professional standards.” WAD: World Association of Detectives 86th Annual Conference, Harbor Grand Kowloon, Hong Kong, “Criminals are using more sophisticated electronic methods to www.wad.net commit crimes,” Poirier said. “Th is regional approach to digital forensics-pairing the Bureau with local law enforcement to collabo- OCTOBER 13 - 15 rate on cases-is the future for law enforcement. It really works.” FAPI: Florida Association of Private Investigators, Investigation & Litigation Conference, Orlando, FL, www.myfapi.org More information about the RCFL program: www.rcfl .gov, www.fbi. gov/news/stories/2011/may/forensics_053111/forensics_053111.

SOURCE: FBI Press Release, May 31, 2011. 54 | National Defender Investigator Association eagle’s eye

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Copy Editors PATTI GALLO AL TOBIN Patti graduated from the Police Academy in 1976 Al is just another guy. When he isn’t busy be- Wanda Rivera at the age of nineteen. She became the fi rst ing just another guy, he’s an investigator with [email protected] female member of the SWAT team where she the Federal Public Defender in Las Vegas. He 518-436-1850 was trained as a hostage negotiator. She was has been there for 15 years and hasn’t been promoted to detective in 1986; she retired 15 fi red yet. He is a former investigative reporter Cecilia Wood years later. She worked the serial killer Danny with the Las Vegas Review-Journal and Las wefi [email protected] Rolling’s case for one more year. Shortly there- Vegas Sun newspapers, which aren’t exactly 785-760-0890 after, she returned to work as an investigator for The New York Times or The Drudge Report. the Federal Public Defender’s Gainesville, Florida He has been a busboy, a security guard, and Northeast Editor Offi ce. This is her 16th year with the offi ce. She cleaned airplanes at JFK in New York, which Margaret Livingston also owns an online store, www.marjannas.com. explains why the planes were always so messy. 973-648-6225 [email protected]

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Southeast Editor Dean Applegate 662-236-2889 [email protected]

West Editor Hector Botello 510-272-6650 WANDA RIVERA, COPY EDITOR CECILIA WOOD, COPY EDITOR [email protected] Wanda graduated from the State University of Cecilia Wood has been the President and Chief NY at Potsdam College with a major in Sociology Investigator of Wood Investigative Services, CONTRIBUTORS and Elementary Education and a minor in Inc. since 1998. She specializes in criminal Criminal Justice. Upon graduating from college defense investigations and provides investigative Patti Gallo she assisted in opening up the fi rst bilingual services in the State of Kansas. Prior to that, [email protected] day care center in Albany, NY. In 1995, Rivera Cecilia was employed in the insurance industry 352-373-5823 began a career in the fi eld of criminal defense as a fraud claims investigator, and served as work for indigent defendants at the New York a police offi cer and court services offi cer. In Gisela Garcia State Capital Defender Offi ce’s satellite offi ce in 2006, Cecilia was the fi rst investigator in Kansas 609-989-2160 Albany, assisting mitigation specialists. In 1997, to receive the CCTI designation of Certifi ed [email protected] she was promoted to the position of mitigation Criminal Defense Investigator. In addition, she specialist. In 1999, the first Federal Public is a Certifi ed Fraud Claims Law Specialist and Al Tobin Defender Offi ce for the Northern District of New a Kansas Licensed Private Investigator. Cecilia [email protected] York was established. Her strong background in graduated from Emporia State University with 702-388-6577 mitigation and her fl uency in Spanish enabled a Bachelor of Science in Sociology. Cecilia is her to garner a position in this offi ce as an a passionate and zealous advocate dedicated Dave Young investigator. Wanda is an integral part of a nine to seeking fairness and justice for the indigent [email protected] attorney offi ce that is the largest geographic accused. 973-977-4178 district of New York State. National Defender Investigator Association | 55 ndia offi cers & committees

OFFICERS COMMITTEES Investigator/Paralegal of the Year President By-Laws Matt Whalen Teri Moore Board of Directors 203-503-6818 609-989-2160 [email protected] [email protected] Conference Committee Sean Broderick, Co-Chair Newsletter Vice President 510-637-1950 James Tarter Sr. Marvin Jeffcoat [email protected] 615-862-5730 ext 289 704-686-0951 [email protected] [email protected] Mark Neer, Co-Chair 213-894-5060 Survey Secretary-Treasurer [email protected] Kevin Rickel Dave Young 617-424-0575 973-977-4178 Beverly Davidson [email protected] [email protected] 860-635-5533 [email protected] Certifi cation Northeast Director Dean Applegate Sean Williams Drew Davis 662-236-2889 877-444-8244 704-374-0720 [email protected] [email protected] [email protected] Membership Southeast Director Herbert Duzant Sylvia Summers Shawn Tobin 702-388-6577 704-417-1936 501-324-6132 x22 [email protected] [email protected] [email protected] Colleen Flanagan Web Site Midwest Director 973-645-6347 James Tarter, Sr. Thomas Hinton colleen_fl [email protected] 615-862-5730 ext. 289 314-241-1255 [email protected] [email protected] Karen Jackson 202-824-2792 West Director [email protected] Larry Carlson 775-337-4834 Walter Ott [email protected] 502-584-0525 [email protected] Executive Secretary & NDIA Offi ce Investigative Manual Beverly Davidson Position Open 860-635-5533 [email protected] 56 | National Defender Investigator Association advertise!

Ad Per Back Annual Annual Annual & Online Directory Size Issue Page (4 Issues) Back Page Directory Directory Inside Front Rate Rate Rate Rate Rate Back or Back Cover Page Cover

Full Page $175 N/A $500 N/A $600 $1,000 $250 7.5” x 10”

Half Page $100 $150 $300 $450 $500 N/A N/A 7.5” x 5”

Quarter Page $75 N/A $200 N/A $250 N/A N/A 3.5” x 5”

Business Card $50 N/A $150 N/A $175 N/A N/A 3.5” x 2”

The National Defender Investigator Association’s (NDIA) All advertising is due and payable with insertion order. There newsletter, The Eagle’s Eye, is emailed to members of the is a 20% discount for nonprofi t organizations. All advertis- Association throughout the United States, on a quarterly ba- ing is subject to approval. Ads can be sent as hard copies sis. It is also posted on the NDIA “Members Only” Section of or graphic fi les (InDesign or PDF fi les are accepted). Mate- the NDIA website. NDIA membership consists of over 1,200 rial cannot be returned. If you have any questions regarding members, including investigators, paralegals, mitigation spe- how to send your ad or deadlines, you can contact Beverly cialists, and attorneys. Davidson at the NDIA offi ce at 860-635-5533 or nationalde- [email protected]. Thank you for your support of NDIA. The NDIA is the only national organization to represent a constituency dedicated solely to the investigative arm of in- digent defense. The NDIA’s purpose is to provide leadership, training, and education for criminal defense investigators. Each member receives a copy of our annual directory upon payment of their annual dues via the “Members Only” section of the NDIA website. ndia member benefi ts

The NDIA is the only national organization to represent a con- BENEFITS INCLUDE: stituency 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 following NDIA Committees: Certifi cation, Membership, Conference, Continuing Education, • continuing education credit hours and support Newsletter, Resolution, Investigative Manual, or Ad Hoc. • an annual membership directory

• access to the “Members Only” area of our website National Defender Investigator Association | 57 membership form

FOR 2011 NEW MEMBERS & RENEWALS NDIA Member: Your National Defender Investigator Association dues are now due for 2011. Please remit a check, money order, or credit card information to NDIA with this form. Make any necessary changes in address, etc. on the form. MEMBERSHIP IS BASED ON THE CALENDAR YEAR July - June (of the following year). Dues will expires June 30, 2012.

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: Fax Number: ( )______❑ MC ❑ Visa ❑ AMEX ❑ Discover

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 associ- ated with criminal cases, (i.e. Habeas, Appellate, etc), or in any Federal, State, County, or Municipal agency or organiza- tion whose primary purpose is a combination of court-appointed criminal defense and civil litigation.

❑ Associate Member - Persons actively engaged in criminal defense work on a part-time basis (mandatory) or a full-time basis.

❑ Reclassifi ed Regular Member - Any Associate Member who has been a member in good standing for 5 consecutive years, and is employed by any Federal, State, County or Municipal agency or organization whose primary purpose is court-ap- pointed 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, may apply to the Board of Directors for re-classifi cation as a regular member.

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 B3, Middletown, CT 06457 Phone: 860-635-5533 • Fax: (866) 668-9858 • [email protected] • www.ndia.net “Dedication is not what others expect of you, it is what you give to others.”

— Author Unknown