1. Criminal Defense Investigation:
BRIAN McGUINNESS – Private Investigator
Certified Legal Investigator
Certified Fraud Examiner
McGUINNESS & ASSOCIATES
Miami, FL
Im a former dade County Public Defender Investigator
Started agency in 1985 Bob Josefsberg gave me a brea US v Waldron 11 ct Fed Bank Fraud Indictment – 5 Ct Perjury Bruce Rogow Mr Motion

2. Speaker Background BA Psychology – University of Connecticut
Two Years Graduate School toward MSW degree Masters in Social Work – Barry University
Rehabilitation Counselor – State of Florida

3. Speaker Background
Criminal Defense Investigator Miami Dade County Public Defender Office
1979 Nova University Law School (leave of absence)
1985- Present with McGuinness & Associates
Private Investigations

4. ROLE of the CRIMINAL DEFENSE INVESTIGATOR

5. DEFENSE ATTORNEY PERSPECTIVE
QUALITY CONTROL
OBLIGATION TO CLIENT
PRESUMPTION OF INNOCENCE
USE of QUALIFIED DEFENSE INVESTIGATOR & EXPERTS
Def Atty responsible for using best defense investigator and experts

6. Criminal Defense Investigator:
RESPONSIBLE FOR:
GATHERING THE FACTS
REPORTING THEM WITHOUT BIAS TO ATTORNEY
REPRESENTING THE CLIENT

7. Declarations for ex in federal cases phrasing including under penalty o perjury – go over w/ atty early on in case

9. Criminal Defense Investigator Perspective
Professional
Business Like
Methodical
Thorough
Ethical is a given

10. Defense Attorney Perspective
CONSIDERATIONS when retaining a qualified
Criminal defense investigator

11. Choice of Defense Investigator
Should be Case Specific
Assess strengths & weaknesses

12. Choice of Defense Investigator
Issue re: are men more able to go into tough neighborhoods to conduct investigations
Issue re: race of investigator as determining factor for selection
Issue re: are women better listeners?
These are issues that should be addressed
Is your investigator your golf buddy or the best choice for the job at hand?

13. Choice of Defense Investigator
Ask about relevant experience
Ask about background
Ask what other criminal defense lawyers have used your services
Ask about approach to the case at hand
IF YOU HAVE A COMPETENT, QUALIFIED INVESTIGATOR, HE OR SHE WILL BE QUITE WILLING TO ANSWER

14. INVESTIGATIVE SKILL SET

15. Investigative Skill Set
Primary
Interviewing Skills / Techniques
Ability to Locate Witnesses
Research Backgrounds of witnesses, victims & experts including Social Media
Database Search Strategies
Public Record Knowledge

16. Investigative Skill Set
Secondary
Photography: Digital / 35mm
Videography

17. Build Investigative Skill Set
INTERVIEW TECHNIQUES – A Critical Skill
FINGERPRINTS
DNA EVIDENCE
TRACE EVIDENCE: Hair, Fiber, Tool Mark
BLOOD SPATTER
CROSS-CONTAMINATION
COMPUTER FORENSICS - Tracing

18. Build Investigative Skill Set
Attend Investigative / Educational Seminars
Read: Forensic / Investigative magazines / Bar Journal Articles
Legal Investigator NALI
Forensic Magazine

19. Build Investigative Skill Set
PI Magazine
NACDL The Champion
Criminal Defense Certification Programs – Consider training and certification

20. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK

21. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK
Take a CREATIVE approach to each case
Use CREATIVITY if you are gifted in this area OR develop it if you are NOT
Outlaws Motorcycle Gang RICO case – late 1980’s Creative Approach to witnesses: biker bars and khaki don’t mix / Needed to establish some credibility w/ biker culture / grew hair longer / changed the khakis for blue jeans – black T-Shirt Creative approach to witness location: Find “Cindy” from Cincinnati
Well what do you know about her “hell you’re the investigator “ no other info provided other than she was a “titty dancer” Located via other dancers mothers old address book Other problems locate Big Tina / Little Tina ? Going into biker bars w/ active Outlaw (escort-bodyguard_

22. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK
If you are an investigator that simply awaits instruction, you are destined to have a mediocre career
defendants are not going to get the proper representation that they deserve

23. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK
EDUCATION
If you truly consider yourself a “professional” investigator then you have to maintain a Continuing Education program
If you want to get an edge on the “competition” then take it upon yourself to constantly educate yourself in a cross-disciplinary method

24. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK
Working on a bombing case/ Get up to speed:
Pick up a copy of the Anarchist’s Handbook
Get online re: IEDs – Improvised Explosive Devices
Contact a colleague or contact w/ ATF experience

25. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK
READ WHAT LAWYERS ARE READING
BAR JOURNAL ARTICLES / BOOKS
WORKING A CAPITAL DEATH CASE – BE FAMILIAR W/ DEATH ROW ISSUES / LAW

26. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK
Be familiar with hot button defense issues
DNA Exonerations – Barry Scheck, Esq. – The Innocence Project

27. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK
ANTICIPATE CASE SPECIFIC ISSUES
FOCUS ON ISSUES - One at a Time
COERCED CONFESSION – Read everything you can on the issue
SELF DEFENSE – Know the legal standard
Be prepared to discuss
w/ Defense Counsel
In any criminal case even if you believe you know the elements go to the statute and review for ex. Aggravated Assault

28. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK
Be a “Utility” player - Excel at
Interviewing / Obtaining Statements
Conducting backgrounds / developing
impeachment material for attorney
Cost effective witness location

29. How to Differentiate yourself from the Pack
Photography / Videography
Have the Necessary Equipment
Being a Skilled Witness in Court
Demonstrative Evidence Skills – Timelines etc.

30. How to Differentiate yourself from the Pack
Review / Purchase :
State Rules of Criminal Procedure
Federal Rules of Criminal Procedure
Be familiar w/ legal terminology
Be familiar w/ basic motions in criminal defense
cases: Brady Motions / Motions in Limine

31. Creativity Role of pretext interviews
Use of atypical police and public records -Police Incident Reports can be gold
Developing information from likeminded or defendant sympathizers
The “Doorknock” approach – a vanishing art
Pretext interviews in the Eric Rudolph case used frequently by myself and one of the two other investigators working for me
Dealing w/ white supremacists, KKK, cross-over militant anti-abortion types
Use of throw away cell telphones
Atypical police records – always get Incident reports ex of Boston PD case sex asslt victim 3 Baker Acts
Like minded sympathizers – Interviews of clergy in NC
DoorKnock ex of Boston PD case 3 trips to apt complex checking (routine) on witness reputation
White Rose Banquet – annual national meeting of anti-abortion extremists – auction off for. Ex leather jacket an extremist used to firebomb an abortion clinic
Pretext interviews and extensive internet research – dozens of anti-abortion sites
Police Incident Reports on sex asset victim in Jax-showed serious psychological problems 3 Baker Acts, racial slurs (client was black)
ER Case: Sympathizers Church ministers, priests, set up network so ER would not be shot on site, help him surrender, cell phone or pager left for him w/note Interviewed various church minister
DOORKNOCK- Ann Goldbach Boston PD- interviewed neighbors, found Betty, learned drunk, lesbian, uncertain if would travel to NE, others supported alch abuse, distasteful to some investigators –approach Important

32. BUILD AN INVESTIGATIVE LIBRARY
There is so much to KNOW in the investigative field
To be a well rounded investigator means a well READ investigator
Spend the money, it will pay off
Purchase books, subscribe to magazines, professional journals
Reference Books – use as needed

33. Building an Investigative Library
Research online subjects such as blood spatter on search engines “Google”
Check results against online Booksellers ex. Amazon.com
Review – Online: Table of Contents, Index Critiques
Check Library for book – review before buy
Contact professionals in the field for recommendations

36. IRE.org Investigative Reporters & Editors 5th Edition of Handbook

37. RECOMMENDED~READING
The Investigative Reporters Handbook, Fourth Edition A Guide to Documents, Databases and Techniques
By Brant Houston, Len Bruzzese and Steve Weinberg
Check

38. RECOMMENDED READING:
Advanced Forensic Criminal Defense Investigations Editor: Grace Castle
Co-Author: Paul J. Ciolino
Lawyers and Judges Publishing

39. A Manual of Private Investigation Techniques, Developing Sophisticated Investigative Business Skills to Meet Modern Challenges
William F. Blake Publisher: Thomas 26 Chapters including: *Homicide & Questionable Death *Basic to Advanced Skip Tracing *The Art of the Background
Recently published, authored by members of Intellenet
I wrote chapter entitiled “Basic to Advanced Skip Tracing”

40. Advanced Private Investigation - A Manual of Advanced Investigative Skills for the Private Investigator
William F. Blake – Thomas Publishers
Capital Defense Investigation
Polygraph Examination
Defending the Criminally Accused
Internet Profiling
Computer Forensics

41. Forensic Science: An Introduction to Scientific and Investigative Techniques
Second Edition by Stuart H. James and John Nordby
CRC Press
Chapter Honorable Mention:
Techniques of DNA Analysis

42. RECOMMENDED READING
Death Investigator’s Handbook
By Louis N. Eliopulos
8 1/2 x 11, softcover, photos, illus., 976 pp.

43. Be Conversant on Criminal Defense News

44. Aug 12, 2013 Justice Dept. moves to cut down on minimum sentencing
Important move will attenuate War on Drugs while wresting undue power from prosecutors' hands

45. Justice Dept. moves to cut down on minimum sentencing
Attorney General Eric Holder announced Monday that the Department of Justice (DOJ) aimed to overhaul federal minimum sentencing laws, particularly to help those facing low-level drug charges from facing prosecution and lengthy minimum jail-time.
During an American Bar Association speech Monday, Holder plans to say: “Today, a vicious cycle of poverty, criminality, and incarceration traps too many Americans and weakens too many communities… However, many aspects of our criminal justice system may actually exacerbate this problem, rather than alleviate it.”

46. Justice Dept. moves to cut down on minimum sentencing
The New York Times noted on Holder’s prepared remarks that he plans to detail the extent of the over-incarcertion rate and its roots in the War on Drugs. The A.G. will comment that while the American population has grown by about a third since 1980, its prison rate has increased nearly 800 percent.
At the federal level, more than 219,000 inmates are currently behind bars — nearly half for drug-related crimes — and the prisons are operating at nearly 40 percent above their official capacity.

47. Technology Impact on Criminal Cases
Police mini-helicopter spy drones
FAA required Certificates of Authorization (COA) for
drones that fly above 400 ft.
GPS-cellular phones – we all have had cases where it’s an
issue
GPS Tracking devices on vehicles : Police / Private

48. Police Spy Drones
The Spy Drone that looks as if it has come direct from a Star Wars movie can:
Travel at 57mph
Reach an altitude of 10,500 feet.

49. SPY DRONES – New Police Technology
PR New Wire - Source - Reuters
Miami Dade police get all the best gadgets, just watch an episode of CSI Miami and you will see what I mean. Well it now looks as if this U.S. police force is about to take possession of these Spy Drones.
These Honeywell Micro Air Vehicles has forward and downward looking cameras and can set 100 different way points.

50. Technology Cellular telephone geo-location by police
Digital records can hurt and help the defense
Bar code readers in parking lots
Manual car tag tabulation at airports
SunPass / EasyPass records: time and location of exits

51. TECHNOLOGY
Wearing a wire –from actual metal wire to fabric weaves (wireless) that are 87% lighter
and 26 times stronger than cooper wire
Video Surveillance – security cameras, license plate scanners – Boston Marathon Bombers captured on video
TLO New license plate tracking search
Abraxas private contractor championing pubic private surveillance camera usuage

52. "Wearing a Wire" Becomes Obsolete in Real Life. Will Hollywood Be Next?
Everybody knows that wire tapping is an extremely useful tool for police agencies around the world. Getting a witness or an undercover agent to wear a wire on a meeting with a crime boss is something else.
It's very risky for the cop and very easy for the bad guys to find a wire stuck to the body with duct tape. But a NASA sponsored technology is about to change the famous Hollywood quote to "wearing a wireless."

53. NEW: Wearing a Wireless Note embedded conductive strands

54. Wearing a Wire
The new technology is called “AmberStrand” and it's a spool metal wiring.
AmerStrand is a trademark of Syscom Technology Inc. sponsored by NASA, it's made of conductive fibers forming a web-like pattern, which are more lightweight and flexible

55. OLD: Wearing a Wire
Metal wire connected to battery operated recording device