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Facts and Forensics – AFI-LLC – July 2023 3 of 7

July Commentary: Facts and Forensics
In our world of evidence, the foundation Forensics. From digital to anatomical,
crime scene to interview – Forensics plays a role, often multiple, in your cases.

What is Forensics? That depends on who is asking and why they want to know.
Essentially, it is simply the application of [fill in the specialty blank] to the law. It
is finding the evidence, analyzing the evidence and reporting the evidence –
evidentiary fact finding. For us, it is Facts Or Reasonable Evidence Necessitating
Systematic Investigative & Critical Solutions. Your investigative education,
training, background and experience are vital to our clients and the strategy of
their legal solutions on behalf of their clients. We are all familiar with Forensics – and with the reality, not fiction.

We are finders of fact and solutions critical to our clients. In Forensics we do so by understanding that science does not
lie, but the misapplication of scientific methods to our investigations may produce fouled solutions. Are there issues
with the official investigation and evidence? Possibly, however, it is not intentional to look for errors – the purpose is to
see what the facts and evidence tell us. What is most often the case is missed evidence or evidence applied to the
information incorrectly – non-factual presented as facts.

One of the tasks of almost every investigator – particularly those involved in civil and criminal litigation – is to review,
deconstruct and analyze any underlying official investigation – such as a motor vehicle collision, workplace incident or
premises liability. You have the advantage of experience and cognitive skills outside the box; it is what professional
investigators do best. Although there are limitations, such as time and budget, there is also have latitude – finding and
reporting facts, and not either constrained or focused on reasonable suspicion, probable cause, reasonable doubt or
possibly promotions or bonuses; unintentional distractions and precursors to tunnel vision.

In Forensics it is often a problem looking for a solution, and they are not always obviously connected. It is a scientific art.
The evidence in your review consists of all the available official records, reports and photographs – from all scenes, and
any decedent or victim, as well as means of transport, location of event, and location found, are scenes. What do the
witnesses state – either in official investigation reports or independently to a professional investigator? What
information is within the law enforcement records and reports? What information is in the autopsy and investigative
reports? Are there medical records – event specific and historical – of any decedent or victim? Finally, what do the
official investigation photographs indicate? The review and analysis of every available detail is important, and in context
with each other – not in a vacuum.

Your investigation – using the components of Forensics – may reveal, as an example, the following:
First Scene (house) – involving multiple unknown assailants, inflicting non-fatal injuries;
Second Scene (remote location) – involving multiple unknown assailants, inflicting non-fatal and fatal injuries;
Defendant – including injuries and clothing with defects corresponding to injuries; and
Witnesses – including involved assailants, any discovering the decedent, and to any event from assault to transport.

The Forensics of your case will reveal various information – all connecting each other to reveal the events. This may also
contradict any official findings – usually in part, as well as any theories – including your client’s. Of importance is
determining if, and how, evidentiary connections are made of locations, persons, and instruments – the process of
forensics. Of course the legal strategy to your case will be at the discretion of the attorney-client. You have completed
your investigative tasks, consulted with experts, provided evidence, possibly dispelled adverse party ‘facts’ not
supported by the evidence, and additional alternative theories for your attorney-client.

For each of us our specialties are honed skills to be proud of. They are each integral to civil, criminal, probate,
administrative, domestic and insurance investigations.

PRIDE – Professional Reliable Investigators Defining Excellence!
Thank You!

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