National Defender Investigator Association

NDIA 2012 National Conference - Atlanta, Georgia
April 19 - 20, 2012

Seeing Is Believing - Or Is It? Challenging Assumptions to Better Defend Our Clients.


THURSDAY

8:30 am - 9:00 am -
NDIA Welcome and Opening Remarks Local Defender and NDIA Conference Committee

9:00 am - 10:15 am - Eyewitness Identification: A Psychological Perspective Jennifer Dysart, Associate Professor, John Jay College of Criminal Justice, New York, NY

10:30 am - 11:45 pm - Concurrent Sessions
1. GPS, New Technology and Issues of Search and Seizure Justin Murphy, Attorney, Crowell & Moring, Washington, DC James Strupp, Investigator, Federal Public Defender, District of Oregon, Portland, OR
2. Complying with Padilla Pursuant to the New Supreme Court Holding: What is Expected of Attorneys When Representing and Advising Non-Citizen Clients Facing Federal Convictions Jodi Linker, Assistant Federal Public Defender, Northern District of California, San Francisco,CA Sarah Rose Weinman, Equal Justice Works Fellow, National Immigrant Justice Center, Chicago, IL
3. Computer Forensics Jim Persinger, Owner and Chief Executive Officer, PM Investigations, Atlanta, GA

1:15 pm - 2:30 pm - Concurrent Sessions
1. Freeing the Innocent: Real Life Examples of Why Seeing Is Not Necessarily Believing Aimee Maxwell, Executive Director, Georgia Innocence Project, Decatur, GA
2. Failure to Investigate: In Search of Best Practices and a Standard of Care in Investigations Dean Applegate, Investigator, Federal Public Defender, Northern District of Mississippi,Oxford, MS Kevin Murphy, Chief Investigator, Federal Public Defender, District of New Jersey, Camden, NJ Karen Jackson, Chief Investigator, Public Defender Services, Washington DCBrendan Wells, Deputy Chief Investigator, Public Defender Services, Washington DC Irma Whiteley, Investigator, Federal Public Defender, Western District of Texas, El Paso, TX
3. Cellular Triangulation and Forensics K. Gus Dimitrelos, Digital Forensics, Risk Assessment & Electronic Countermeasures Director, DDF - Division of Regency Consulting, Davie, Florida**

1:15 pm - 5:15 pm - Special Concurrent Session
4. Taking Charge of Your Discovery: Hands-on Evidence Review Platform (ERP) Instruction - Part II Kelly Scribner, Assistant National Litigation Support Administrator, Office of Defender Services Training Branch, Oakland, CA Alex Roberts, National Litigation Support Paralegal, Office of Defender Services Training Branch, Oakland, CA Michelle Kovitch, Director, Litigation Support Training, AccessData, Lindon,
NOTE: In order to attend this class, you must attend the prior session (Part I) on April 18, and be a federal public defender employee. Contact the National Litigation Support Team (either kelly_scribner@fd.org or alex_roberts@fd.org) for further information about this exciting opportunity.

2:45 pm - 4:00 pm - Concurrent Sessions
1. International Investigations Susy Johnson, Mitigation Specialist, Investigator and Attorney, Alba S. Johnson, Esq. Mitigation Services, Ithaca, NY Herbert Duzant, Investigator, Federal Public Defender, District of Nevada, Las Vegas, NV
2. Hands-on Introduction to Firearms Philip Crumbacker, Certified Firearms Instructor, Reisterstown, MD
3. Habeas Investigation and Case Organization James Strupp, Investigator, Federal Public Defender, District of Oregon, Portland, OR Donetta Bray, Paralegal, Federal Public Defender, Northern District of Ohio, Cleveland, OH

4:15 pm - 5:15 pm General Business Meeting NDIA Board of Directors

6:00 pm - 9:00 pm President's Reception April 20, 2012

FRIDAY

8:30 am - 10:00 am - (Re)Active Investigation: How Not To Be A Potted Plant Henderson Hill, Executive Director, Federal Defenders of Western North Carolina, Inc, Charlotte, NC Jack Sussman, Partner, Tin Fulton Walker & Owen, Charlotte, NC

10:15 am - 11:45 am - Concurrent Sessions

1. Ethics and Strategies for Interviewing Child Witnesses Craig Hickein, Staff Attorney, Public Defender Service, Washington, DC
2. Obtaining Social History Records Herbert Duzant, Investigator, Federal Public Defender, District of Nevada, Las Vegas, NV Debra Nelson, Investigator and Mitigation Specialist, New York, NY
3. Pathology and Homicide Investigations Dr. Darinka Miluesnic-Polchan, The University of Tennessee Graduate School of Medicine, Department of Pathology, Knoxville, TN
4. Sentencing Advocacy TBA

1:15 pm - 2:30 pm - Concurrent Sessions
1. Internet Sleuthing Jonathan Lyon, Private Investigator, Chicago, IL
2. Hands-on Introduction to FirearmsPhilip Crumbacker, Certified Firearms Instructor, Reisterstown, MD
3. New Technology and Mobile Computing Natasha Silas, Assistant Federal Public Defender, Federal Public Defender, Northern District ofGeorgia, Atlanta, GA Jesse Wallis, Chief of Information Technology, Federal Public Defender, Central District of California, Los Angeles, CA Alex Roberts, National Litigation Support Paralegal, Office of Defender Services Training Branch, Oakland, CA

2:45 pm - 4:15 pm - Eyewitness Identification: A Legal Perspective James M. Doyle, Attorney at Law, Carney & Bassil, Boston, MA

4:15 pm - 4:30 pm Closing Remarks and Certificates

For more information please call Beverly Davidson at 860-635-5533 or visit the web site at www.ndia.net

American Federal Contract Investigators Association.

The AMERICAN FEDERAL CONTRACT INVESTIGATORS ASSOCIATION Presents theAFCIA NATIONAL CONFERENCE 2011

November 1, 2, and 3, 2011at theMarine Corps Recruit Depot ~ San Diego, California
The AFCIA cordially invites all Federal Contract Investigators, Federal Investigative Service Agents, Department Of Defense Industrial and Military Personnel, Facility Security Officers, Contractors and other interested Agencies to join us to address key Personnel Security Investigation (PSI) issues.

Vendors and Agencies will be present to conduct recruitment for Personnel Security Investigators and answer questions. Bring copies of your resume! There is limited space so register early!

The AFCIA has reserved a block of hotel rooms nearby.Holiday Inn Express (Airport/Old Town)1955 San Diego AvenueSan Diego, CA 92110Telephone: 619-543-1130AFCIA Conference attendee reservations: $89.99 a night.

Questions: contact@afcia.usRSVP: conference@afcia.usPre-registration fee for the Conference is $30.00 for AFCIA Members and $50.00 for non-members, per day – includes brunch and lunch.

Payment after the pre-registration cut-off date (October 25, 2011) is $45.00 AFCIA members and $65.00 non-members. Fee's include breakfast and lunch.

AFCIA hopes to see you at the AFCIA National Conference 2011! The AFCIA National Conference is open to all personnel in the business of National and Homeland Security.

NATIONAL DEFENDER INVESTIGATOR ASSOCIATION

This year the 2011 NDIA Regional Conference will be held September 15-16, 2011 at: The Sheraton Denver Downtown Hotel1550 Court PlaceDenver, Colorado 80202

Room Rate: $139 single/double occupancy per diem Room Reservations Telephone: 303-893-3333 or 1-888-627-8405(Refer to NDIA Group Meeting when making reservations)

Deadline for Hotel Reservations: August 23, 2011!

http://www.sheratondenverdowntown.com/

NDIA 2011 Regional Conference

2011 REGIONAL CONFERENCE AGENDA

SEPTEMBER 15th & 16TH, 2011


THURSDAY - SEPTEMBER 15, 2011

7:30 am to 8:30 am Registration & Continental Breakfast


8:30 am to 9:00 am WELCOME AND OPENING REMARKS
NDIA President Teri Moore and Mark Neer

Ray Moore - Federal Public Defender
Denver, Colorado


9:00 am to 10:15 am General Session

“Cellular Forensics”

Speaker: Dave Pettinari, P.I.
TAC Forensic & Investigations
Pueblo, CO


10:15 am to 10:30 am BREAK


10:30 am to 12:00 pm BREAKOUTS:

“Witness Interviewing”” - Part 1

Speakers: Tom Hinton - NDIA Midwest Area Director
Ronald David - FPD Investigator

OR

“Expert Witnesses - Selecting, Preparing and Investigating “
Speakers: Pamela Sharp - Investigator
Colorado State Public Defender

12:00 noon to 1:30 pm LUNCH - (ON YOUR OWN)


1:30 pm to 3:00 pm BREAKOUTS:

“Witness Interviewing” - Part 2

Speaker: Tom Hinton - NDIA Midwest Area Director
Ronald David - FPD Investigator
St. Louis, MO

OR

“Sentencing Mitigation”

Speakers: Sandy Schnack - FPD Paralegal
Kansas City, MO


3:00 pm to 3:15 pm BREAK


3:15 pm to 4:45 pm General Session

"Medicolegal Death Investigation”

Speaker: Dean A. Beers, CLI

Forensic Investigators of Colorado

6:00 pm to 8:00 pm HOSPITALITY GATHERING

Location: Rock Bottom Restaurant & Brewery
1001 16th Street Mall

FRIDAY - SEPTEMBER 16, 2011

8:00 am to 8:30 am Continental Breakfast

8:30 am to 10:15 am General Session

"Building a Persuasive Case for Innocence”

Speaker: Ann M. Roan
State Training Director
Colorado State Public Defender



10:15 am to 10:30 am BREAK



10:30 am to 12:00pm BREAKOUTS:
“ Electronic Document Management “

Speaker: Phil Landreth - S Corporation
Denver, CO

OR

" Investigator Safety”

Speaker: David Young - NDIA Executive Board
Paterson, NJ

12:00 noon to 1:30 pm LUNCH (ON YOUR OWN)


1:30 pm to 3:00 pm BREAKOUTS:

"Courtroom Presentations”

Speakers: Michael McGruder
Reflecting Times
OR

"Computer Forensics”

Speaker: Robert Kelso
Forensic Pursuit - Denver

3:00 pm to 3:15 pm BREAK


3:15 pm to 4:45 pm General Session

“Death Penalty Investigation”
Freeing The Innocent Client

Speaker: David Wymore, Esq.
Boulder, CO


4:45 pm Closing Remarks & Certificates

How To Get In The Door

How To Get In The Door:
Getting the Difficult Interview

Larry Carlson and Eric Mason
2006 NDIA Conference
San Francisco, CA

I. Before leaving the office: There is no substitute for preparation
• Integrate thoroughly into the case and the defense team
• Know the discovery cold
• Understand where the case stands procedurally
• Know what representations have been made in court
• Know what has been reported by media
• Choose your interview targets strategically: Which witnesses, in what order?
• Know the witness before you hit the porch (not just prior statements but, Who is this person? Litigation history? Bankruptcy? Divorce? Criminal history?)
• Understand (if possible) the enmities and politics among the players and where your target is situated
• Understand your target’s liability, if any, and prepare to address it

II Before you hit the porch: More preparation
• Figure out what to wear
• Figure out when to show up
• Figure out what to take (Briefcase or reporter’s notebook in back pocket?
Discovery/prior statements to cops? Photos? Other props? Interpreter?)
• Consider how you will carry yourself, what tone to adopt
• Be prepared to distance yourself from the client and counsel if necessary
• Be prepared to make strategic disclosures: You gotta give a little to get a little
• Prepare to distinguish yourself from the government at every turn, especially with
key witnesses or victims since they are often mistreated or ignored by
overburdened government attorneys and agents

III On the porch: getting the non-interview
• Stay relaxed and adaptable
• Remember that all information is good information
• Show sympathy, if appropriate, for the difficult position the witness or victim is in
• Remember that extreme hostility and other adverse responses by witnesses can be used in court to establish bias or an agenda on the part of the witness, so take careful note of it
• Be mindful of how your response to a hostile reception might play out if the witness calls the feds or later hits the stand for the government, and act accordingly
• If you are perceived to be making an effort to minimize the psychic or physical damage in the case, a witness who declines an interview may appreciate your effort and return the favor from the stand in the form of mitigated adverse testimony
• If the door is being closed, ask your most critical question or consider what provocative comment you can sneak in that might plant a seed
• Burn no bridges: If you are perceived as fair and understanding, the witness may relent on the spot or may become open to an interview down the road
• Make sure your behavior in the field does not become the subject of misconduct or witness intimidation claims in court

Parrying government attempts to obstruct justice:
• The government does not own witnesses in criminal cases
• Explain to the witness their rights as a citizen
• If the witness says they’ve been ordered not to talk, learn the particulars of this for use in court
• Ask for the same courtesy the witness afforded the government
• Explain to the witness the government’s agenda if you think doing so will resonate and bring the witness around

IV On the porch or in the house: getting the interview
• Always stay relaxed and adaptable
• Be authoritative without being intimidating
• The goal is to establish trust
• Be conversational, not stilted, and don’t be afraid to explain what you’re doing to get the witness on board
• Don’t put the witness under the interrogation lamp until you’ve established trust
• The hard questions can wait until you’ve laid the groundwork to ask them
• Don’t take out the notepad until it makes sense to do so
• If it is necessary or it will further establish trust, tell the witness how their cooperation with you will likely play out
• Ask the witness what their concerns are and be ready to address them
• While the witness is on the fence about talking, troll for information without really asking for it ("Has anyone from the government been in touch to tell you what’s going on?")
• If necessary, let the witness know that you are not there to talk them out of their position or to explain away your client’s behavior; you’re simply there to learn what the witness knows
• Make strategic disclosures to the witness and answer questions honestly if appropriate and you’re not breaching any privilege
• Avoid disclosures that can later be construed as contaminating or intimidating the witness
• Exploit the government’s tendency to leave witnesses and victims in the dark
about what’s going on in the case
• Only make promises to a witness you know you can keep
• Once you’ve established some trust, ask questions then get out of the way and let the witness talk
• Always leave the witness with your themes ringing in their ears

V. After the interview
• Difficult interviews don’t end when you leave the house: If you need a declaration or testimony, prepare the witness during the interview so it’s not a surprise three weeks later
• Make sure the door is left open for future contact and follow-up questions
• Follow through with any promise you’ve made (This will distinguish you from
government operatives in a positive way)