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            Thanks to  Alexis O’Toole for permission to use this Photo. 

A pretext is an expression of a false purpose.  Its goal is to introduce an acceptable excuse in order to hide, or cloak, a person’s real intention(s).  When a private investigator uses a pretext that includes verbal communication, the focus should be toward obtaining pertinent information from sources close to the claimant, such as neighbors and fellow employees.  Avoid contact with the claimant.  If in a public location, the claimant initiates a conversation with you, you may not be held accountable.  But, if the case ever makes it to court and this evidence is introduced, it will be his or her word against yours.  Who will a judge believe?  It depends, but the risks are too great to take a chance.The following steps will assist you in conducting a pretext interview:

Step one: Drive through the area first (preferably only once) to identify the claimant’s residence and determine how to best approach the various sources, starting at the perimeter.  You may find the claimant active outside.  During a brief activity check assignment on a claimant with an alleged severe injury to the lower back, I drove into the neighborhood and noticed he was mowing the yard with a push mower.  The priority then became surveillance coupled with video documentation.  But, if there’s no such luck, continue with the initial objective.  Identify the vehicles and look for signs of activity by identifying what is visible on the property.

Step two: Park your vehicle out of view and select the pretext that seems most suited to the surroundings.  Consider the economic, social, and cultural standards of the immediate area.  Look for the neighbor whose home and property is obviously better maintained than the claimant’s.  You may find some resentment toward the claimant who, as it turns out, rents the home while others own their property.  These economic, social, cultural, and racial barriers can produce cooperative sources from either end, as long as there is some disapproval or jealousy that exists.  

Step three: Use the opening remark you make to the source to determine the pretext that will be most productive.  Even before identifying myself, which may already be evident in the outfit I’m wearing, I usually ask them in a straightforward manner if they are familiar with the claimant.  The response you get will forewarn you about the pretext you should use and could prevent you from sticking your foot in your mouth.  The response may range from a total lack of recognition to the possibility you’re speaking directly to the claimant who is visiting this source.  If anything close to the latter scenario occurs, be prepared with an alternative pretext.  Tell the source, or the claimant, that another individual recommended you talk with the claimant about something pertinent to their situation.  It could be the sale of a boat, trailer, home, or any number of other personal items.  You could even say that you were considering going to work for the claimant’s old employer and wanted their viewpoint.  If the claimant owns a particularly special automobile or boat, or even a pet, tell him or her that you’re considering buying the same car or boat and someone recommended talking with the claimant about theirs. The majority of the time the response will be a general one of acknowledgement, and you can proceed with the appropriate pretext.

Step four: When talking with these sources, act comfortable, be friendly, and look for a source who is just as talkative.  Combine a number of topics or lead the source to believe the focus of the inquiry is anything other than the claimant.  Use a relaxed, nonchalant tone to imply the subject involving the claimant is relatively unimportant.  Construct your questions to prompt detailed explanations and avoid yes and no responses.  Unless it suits the pretext, don’t carry a pen, clipboard, or notepad.  Retain the details mentally and record them as soon as the interview is concluded.

Larry W. Davis
Private Investigation Program Instructor
Ashworth University

 
              Thanks to Hulagway for permission to use this Photo.

Various issues arise as the concept of surrogacy comes before the legislatures of the country.  One case that I handled for the Attorney General’s Office dealt with a surrogate mother, and is an example of how crazy surrogacy issues can become.  This lady had been hired to have a baby for a multi-millionaire.  He was not married and seemed to be tiring of his fortunes when he decided that he would like to have an heir.  The surrogate mother gave birth to a healthy little girl and the man accepted the child, made payment, and went on his merry way.  Then two months later, the man had one of his “assistants” drop the baby back off at the surrogate mother’s home with a note stating that he simply could not emotionally handle the responsibilities of being a parent. 

We received the case because the surrogate mother was now going after the biological father for child-support payments.  This was one case where our heads were spinning every time we dealt with it.  The surrogate mother never wanted to have a child of her own and was simply interested in making some money when she agreed to the surrogacy contract.  After receiving the baby back, however, she did not have the heart to give the child up for adoption, and developed an appreciation for motherhood.  The court held that the biological father DID have a duty to support the child and awarded the mother $1700 a week in support, due to the biological father’s extreme wealth. 

That case has definitely been recorded in the storybook of child support and surrogacy, as well.  It is a fun story to tell, while at the same time it illuminates how obscure the issues can become in the area of surrogacy contracts. 

Wendy Webb
Family Law Instructor
Ashworth University School of Legal Studies

    
                         Image courtesy of Missoulian.

I’m not a CJ major, but I thought all of you would find this interesting.

I am an advocate for someone that has been wrongfully incarcerated. Dateline actually made a special on his case.

Here’s a link to the MySpace page that I created for him. There are links as you scroll down that will lead you to the Dateline website to view the videos on his story.

I would encourage all of you to view the videos and decide for yourself!

Click here to check out this video.  (the page is flash for those of you with slower computers…)

Melanie
Associate Program in Paralegal Studies Student
Ashworth University School of Legal Studies

A new book has been published that I must recommend to anyone with physical security responsibilities. It’s the “Integrated Physical Security Handbook” by Don Philpott, Senior Editor of Homeland Defense Journal and Shuki Einstein, International expert on Mission Critical Facilities Design and Engineering. It’s pricey at $149, but worth it. I’m already referring to it on almost a daily basis. Take a look at it at www.physicalsecurityhandbook.org.

I do not get any compensation at all for recommending this book. It’s purely a viewpoint from a professional.

Terry Cochran, CPP, CAS
Security Management Instructor
Ashworth University School Of Legal Studies

      Thanks to Aaron Fulkerson for permission to use this Photograph.

As a private investigator, I am usually subjected to quite a bit of tedium either on long surveillance or digging in civic and criminal files. However, I’ve now had a first: surveillance on my own neighbor! I knew already that there were serious problems with the couple there. Likely using/dealing drugs as the signs were all there. Definitely one person who is bipolar and untreated with meds, too. Her frequent rages attest to that. Yes, the police do know about the drugs and seem to do nothing, but I digress.

I received a call from a US Marshall who found out through public records that a PI lived right next door to someone he had a warrant for and he asked me to perform the surveillance! A visitor (family member) had come to stay about two weeks before and that person was wanted on kidnapping and vehicle theft charges in another city. He apparently made out the Marshall’s surveillance and was not showing himself, therefore, the Marshall could not be sure the person was still there. Nothing would be thought of me coming or going and my neighbor had no clue what I did for a living.

The Marshall sat about a block away waiting for my call to affirm the man was there. I finally saw him and called back. They arranged a SWAT team, but in a neighborhood full of children on the last day of school, this isn’t good; especially when the man may be armed and dangerous. I convinced the Marshall to hold until the man moved and to follow him out of the area before making the arrest.

When the man left the home with his cousin, I went out on an “errand” to get a good look at the man. I called back to the Marshall to go ahead and follow them out of the area. The arrest was made when they stopped for gas. Nice, clean, no one hurt, no excitement to scare people in the neighborhood. By working together, we made this happen. If you are on such a surveillance, remember to consider all of the outcomes of actions you or others on the team may take. Try to go for the best possible outcome, if you can make it happen! Also, this way, my neighbor never knew I had anything to do with it. I was out of sight when they were arrested. Always consider this when working in your “turf”.

Terry Cochran, CPP, CAS
Security Management Instructor
Ashworth University School Of Legal Studies

                  Thanks to andreashelke for permission to use this Photo. 

I’m in the middle of working on a very large security project. As a security professional, I am expected to outline a schedule (delivery of work) and a price per job or hour to my client based on their scope of work. This isn’t an easy thing to do. You can often underestimate time and end up losing money. There are several books available on security consulting and estimating—my recommended place to start is www.asisonline.org.

Some areas are restricted to members, but there are other areas open to anyone, such as the bookstore.  I will put out a realistic time schedule based on my workload and usually use an hourly rate.  You lose less money by having an hourly rates, but be very careful in documenting actual time spent on a project, section by section.  Set up an invoicing schedule, too.  I recommend setting up one for every week or every other week.  The income keeps income coming in, even if on a 30 day pay on invoice.

Now, for the actual job.  I can not detail the exact work, but it’s a complete physical security plan for IT/information systems and for physical security of buildings/holdings.  Part I is already completed and was completed early and significantly under budget. The customer loves this aspect, as the exact amount of time and money was very much unknown at the start of the project. 

How did I do it? 

I didn’t reinvent the wheel, that’s what. 

I belong to ASIS and utilized the resources available through my professional organization to see what open source material was already available.  I then added my expertise to these resources to create a viable program for the client.  This “open” approach to research and planning saved us both time and money.

The second part of this project will nearly be developed ”from scratch.”  Research has shown that this particular physical security plan has been done in small areas, but not comprehensively.  Consequently, I’ll be responsible for developing a plan on a comprehensive scale, which will require a more time intensive effort on my part.  Once again, I’ll consult ASIS is consulted for resources for this particular specialty field, contact other members for input, and embark on tours of similar facilities to gain a firsthand perspective of the unique security issues I’ll be addressing.

Just as in the security management course I teach here at Ashworth University; I utilize the criticality, vulnerability, risk assessment and LAYER security from the inside out—making sure that my goal is to protect people first, then information and property. If you are graduating and getting your first job, or starting out as a consultant, remember that experience is your number one asset.  Don’t worry if you don’t have a lot of experience right now.  You’ll build up to that over time.

For starters, I encourage you to begin developing relationships with working security professionals.  It’s also a good idea to make contacts in specialialty fields, as their knowledge and expertise will prove to be invaluable resources to you in the future.  

I’ll be sure to write a follow up blog when the second part of the project is finished. Once fielded, perhaps my client will allow me to disclose what it’s all about!

Terry Cochran, CPP, CAS 
Security Management Instructor
Ashworth University School Of Legal Studies

I have had many occasions to use the Internet to search for information related to evidence submitted to the laboratory.  One recent case involved an auto theft in which the suspect stole the vehicle and then crashed it during his joyride.  During the crash, the vehicle’s driver’s side airbag deployed.  The suspect was apprehended a short distance away from the crash site and the arresting officer noticed a semicircular residue pattern on the suspect’s white t-shirt in addition to an abrasion pattern on the side of his face.  The suspect denied any knowledge of the stolen vehicle and denied being in the vehicle.  He stated that the abrasion on his face and the residue pattern on his shirt were due to a scuffle he had had earlier in the evening.  The shirt and the airbag from the vehicle were submitted to the laboratory along with a request to look for any evidence which would place the suspect in the vehicle.  The initial examination of the suspect’s shirt revealed a brownish residue pattern in which a stitched design was visible.  This pattern was consistent in size and shape with the stitching pattern on the front of the airbag.

To learn more about how airbags are constructed and how they operate, I searched the Internet and found the manufacturers’ websites for the major manufacturers of airbags.  These sites provided a wealth of information about how airbags are designed and the construction and composition of the bags.  The sites also provided information about the propellants and the initiators used to create the gases which inflate the airbags upon impact.  I also found information about the cornstarch based powder which is used during the folding and packing of airbags.

With the information I gained from the search, I was able to analyze residue from the suspect’s shirt and conduct analyses to show that the residue on his shirt contained materials consistent with the propellants used in airbags and that cornstarch granules were also present which were consistent with the material used in packaging airbags.  I also compared the residue pattern and spacing on the shirt to the stitching pattern of the airbag to show that they were consistent.  When presented with the laboratory results, the suspect changed his story and later pled guilty to the crime.

It should be noted that I am constantly visiting manufacturers’ websites to gain information about shoe sole patterns and tire tread designs.  There are also many legal websites containing information about recent court cases and court decisions in reference to forensic evidence.  Let me share a few of my favorite forensic web sites with you. 

An Introduction to Forensic Firearms Identification

Crime Scene Investigation

Crimes and Clues

I think you’ll find these resources very informative and quite inspiring as well.  I’ll talk to you again soon.  Stay focused on your program studies! 

Joe Andrews
Forensic Science Instructor
Ashworth University School Of Legal Studies  

With all the attention given to forensic science in recent years, there has been an explosion of interest in this field.  You should definitely feel inspired to be learning about this field at such an exciting time of growth and development!  The courts have come to expect more from the forensic community in respect to our capabilities, while at the same time applying more scrutiny to the analytical procedures and techniques utilized for the examination of evidence.  Forensic labs are developing new techniques and utilizing new technology all the time to examine and make comparisons of forensic evidence.  Many of these processes have allowed a level of comparison and identification not possible before and they have also created situations where procedures have been challenged in court as being “too new” or not “generally accepted”.  The DNA examination procedures employed today went through this process a few years ago.  Some newer DNA techniques such as “low copy number DNA” and Y-STR analysis are now being challenged in cases where they have been applied.

One bright light through all the criticism about the shallow attention given to forensic science research is the FBI’s Forensic Science Research and Training Center.  This facility has established key research programs that have encouraged the standardization of many scientific procedures used by forensic labs throughout the U.S. Over my career, I have attended several training classes sponsored by this training center.  I have also attended international symposiums sponsored by the FBI in which forensic scientists from all over the world were invited to attend and share information on the latest analytical techniques for conducting forensic examinations.  The FBI is very involved in the establishment and maintenance of a variety of reference collections or databases in an effort to provide information which can help define the significance of the comparison of class materials. 

I’ll close this blog by encouraging you to pursue your interests in this amazing field.  Ashworth University’s forensic science program covers a broad spectrum of the science of forensics and by now you should know that there is much more that can be learned.  If you are taking this course because you were just curious to know more about forensics, then no doubt, you should have a much better understanding of the different aspects of forensic science and how the “real thing” is different from what is portrayed in the popular television programs. 

I’m not knocking everything that is shown on television.  While these shows compress the analytical processes into unrealistic time frames and depict some procedures using graphics and instrumentation which are inaccurate for the actual procedure used, they do portray forensic principles fairly accurately.  I like to think of these shows as the “future” of forensic science.       

If you are currently employed in the criminal justice field or are interested in a career in criminal justice or forensic science, this course is an excellent introduction.  If your interests lie in field work or investigation, you now know the importance of proper documentation, collection, and packaging of forensic evidence for submission to the laboratory.  This course should give you added confidence the next time you find yourself at a crime scene where you are required to collect evidence.  But don’t stop with this course.  There are many specialized courses out there which will further enhance your skills in the collection and preservation of physical evidence.

If your interests are in a position in a forensic laboratory, this course is a great overview of the field.  You can use your performance as a gauge for how much additional training you should pursue.  The course may have also given you insights into the particular area of expertise that most interests you.  The days of the “generalist”, the crime lab scientist who conducts a variety of examinations, are pretty much a thing of the past.  Most forensic scientists have very specific areas of expertise and spend years developing that expertise through academic coursework and practical training.  

This course is an example of the interest expressed by students in learning more about this fascinating field.  Careers abound in the criminal justice field, particularly for those who have received both academic and practical training.  Congratulations again on taking this first step!

Joe Andrews
Forensic Science Instructor
Ashworth University School Of Legal Studies

Most crimes are defined by state statutes and are prosecuted in state courts.  The others are federal crimes, prosecuted only in federal court.  Certain key items that the government must prove to show that a crime occurred are called elements.  For example, generally, a crime has been committed when two elements can be proven.  That is, a crime has been committed when a person both:       

1)  engages in a prohibited act, and       

2)  has criminal intent, or state of mind, that prompted the act.

Suppose that Jimmy Bob really doesn’t like Sammy and thinks constantly about an elaborate plan to run over Sammy with his motor scooter.  However, Jimmy Bob gets grounded, and his father sells his motor scooter.  Jimmy Bob does not forget about his plan; in fact, for months he regrets that he did not carry it out.  Although his negative emotions are strong, Jimmy Bob never acts on his hatred for Sammy.  A year later, Sammy moves to a different town.  Gradually, Jimmy Bob gets over his obsession with Sammy.  Since there was no act, no crime can be proven. 

On the other hand, suppose that Jimmy Bob and Sammy are best friends.  They do everything together and have never even spoken a harsh word to each other.  One day, while driving with extreme caution, Jimmy Bob’s motor scooter goes out of control due to a lodged gas pedal and in a cruel irony, he runs over Sammy, killing him.  Since the accident occurred without any intent, no crime occurred. 

Both the act and the intent must be present for an accused to be charged with a crime.

Karl Freedman, Esq., J.D.
Paralegal Program Instructor
Ashworth University School Of Legal Studies

The date of January 14^th, 2002 will always stick in my mind. It is the day that Derrick Todd Lee killed my next door neighbor, Geralyn DeSoto. She was the sixth victim of the man who came to be known as the Baton Rouge Serial Killer.  

I was sitting in my living room, reading a book that evening when my dog (a yellow lab named Kilo—he flunked out of drug dog training for the state because he refused to sit when he ‘hit’ on drugs) began barking at the window. I looked up from my book and noticed that red and blue flashing lights were reflecting through the window. I put Kilo on his leash and we walked outside to find numerous police cars, a fire truck, and two ambulances in the street. I did not know how I didn’t hear sirens at the time, but I later found that out as I will tell you.  

I walked to my neighbors driveway, and there I asked another neighbor what was wrong. I asked if Darrin and Geralyn were ok. He told me simply “She’s gone.” I knew that the marriage was rocky at best, since Darrin had recently began spending more and more nights away from home. When I asked what he meant, he told me she was dead. Darrin was sitting in his driveway crying, and looking at his hands. I later found out they were covered in his wife’s blood. Everyone, including the police first thought that Darrin had killed her. He was later arrested for the crime. The state police crime lab came for days on end and tore the house apart. Pieces of walls were put on a flat bed truck, with the dried blood visible when the breeze blew the tarp around that was supposed to cover them. Furniture, ceiling, fixtures…taken away piece by piece.

Of course, the crime scene tape went up…and stayed up for the summer. It was as one police officer I spoke to put it “The first and most shocking murder the area has seen in a LONG time.” It’s West Baton Rouge Parish, the smallest parish in Louisiana, and the most we usually see is a death from a DUI. Now my neighbor is brutally murdered in her home?  

As information began to flow, I was sickened. It was released that she had died sometime that afternoon. That meant that when I came home from work about 4:30pm she was already gone. Inside her home, dead…right next door. After her husband was released on bond, each time he came to the house he was escorted by police. That was not fun to see when I can home. 

I had messages from police on my machine, I had notes on my door, I had business cards from detectives and even the FBI. I was working for the state as a Correctional Officer at the time, so I had to report the crime that happened next door. What if the guilty party was sent to the prison where I worked? It was a roller coaster to say the least. 

I talked to the prosecution, I talked to the defense, I talked to the task force and even had to shoo some reporters away from my home.  

Darrin was eventually cleared of the crime, but he moved back to whatever small town he was originally from, and what left of Gerlayn’s trailer was towed away. The area stayed empty for a good while, a blank spot where a lovely and wonderful woman once lived.  

Many months later, as I was watching the nightly news a report threw my life back into turmoil. A photo was shown and the anchor reported that Derrick Todd Lee had been matched by DNA to the murder of numerous women, one of whom was Geralyn. I almost pissed myself. Not because she was the victim of a serial killer……but because I HAD SEEN HIM. I COULD PLACE HIM THERE THE OCTOBER BEFORE. 

That was a sunny and warm October afternoon, and I had put Kilo outside on his tie out to play, and I was preparing to plant some flowers. I had gone inside to change from my uniform to something else, when I heard him go crazy. Thankfully, I had only taken off my shoes, the rest of the uniform was still on. I opened the door, and there was a large slightly out of it looking black man a few feet from my door wearing khaki pants and a blue button down shirt. Kilo was doing everything in his power to get off of that tie out and from the looks of things, kill that black man. This is the dog who thought everyone was his best friend, and I had never even heard him BARK before that day. But here he was looking like a vicious mad dog. The black man told me he was selling alarm systems, and was I interested. I pointed at the dog and told him “That is my alarm system. I think you should leave now.” And thankfully, he did. I didn’t realize it at the time, by why would someone selling alarm systems be going door to door, on foot, with no briefcase, folder, or other paperwork????  

The night I saw the news report, I realized that Derrick Todd Lee stood on my front yard. He came close to knocking on my door. Could it have been me???? 

I dug up the pile of old business cards and called the FBI office in Baton Rouge, and as calmly as I could, informed them that I live next door to where Geralyn was killed, I just saw the report about Derrick Todd Lee’s DNA match……..and he was here last October. The next day, the FBI was back. I had to look at photos, go through the deposition process……and was subpoenaed to testify at the trial.  

Through the whole process I learned that Lee most likely had stalked Geralyn from LSU, where she was taking a few classes the fall before. He had been allegedly working at plant not far away, and as of about 1pm the afternoon she died, he was at a fast food place down the highway. I think that Geralyn being the nice person she is, most likely opened the door and let him in. She would have been one of few people home that day, she was neither working nor going to school at the time. But she and I lived toward the back of the street…..so once again….why her? 

I watched with the rest of the State as the verdict came back guilty, after less than 2 hours of deliberation. I cheered when the Warden of Angola (the State Maximum Security Prison) was on hand to take custody of Lee after the proceedings were over.  

Kilo died that winter. I was home early and sick, and when I took him out for a walk….something caught his attention and I was not strong enough to hold on to the leash. He got loose and was hit by an 18 wheeler on the river road. I buried him that afternoon where he lay in the ditch. To this day, I credit him with possibly saving my life. What did he know about what took place on January 14^th, 2002???? 

Why write this now? I have finally gotten a new dog, another yellow lab. I hope she never has to protect me. But it brings back memories of the dog who KNEW without a doubt, that the man in the blue shirt was EVIL. 

Derrick Todd Lee sits in a cell on death row, awaiting his execution. I have included a link to a great site about him and the case. 

http://www.crimelibrary.com/serial_killers/predators/derrick_todd_lee/index.html

Jamye
Associate Program in Paralegal Studies Student
Ashworth University