Page 153 - CFDI Guide

Certified Forensic Death Investigator (CFDI) Program
Dean A. Beers, CLI, CCDI, CFDI-Expert and Karen S. Beers, BSW, CCDI, CFDI-SME
Associates in Forensic Investigations, LLC
Criminal Defense Investigation Training Council (CDITC) Accredited

A scene investigation was not conducted as the apartment was no longer available. The defendant was
able to return to the apartment, after vacated by the victim and with permission of the landlord, to

photograph the area and doorway. This was after being charged and before hiring counsel.

It cannot be expected that a lay person will take appropriate forensic photographs – scale and no scale,

overall perspective to specific injury. The images were of low quality and critical clarity of the images was
missing. It was able to be determined the leg and location on the leg. With the exception of the dates on
the text message, there was no confirming information as to the dates of the photographs – this

information was not carried with the image when sent and law enforcement took photographs of the

photographs on the cell phone; they did not perform a forensic cell phone data extraction. Defense
agreed pre-trial that the images provided by the victim were of her leg and at the date and time in
question. It was also agreed images provided by the defendant were of the apartment and doorway.

The victim alleged that the defendant repeatedly kicked her while she was supine on the floor. The
defendant alleged that the defendant had placed her leg in the door while he was leaving the apartment.

In reviewing the photograph depicting a prominent contusion and best clarity, there were multiple

contusions of possibly more than two actions; there are two primary and distinct linear contusions,
roughly “L”-shaped; or four linear contusions – one set of two linear abrasions intersecting with a set of

two linear abrasions, forming an “L”-shape.

The injuries were inconsistent with being struck by a kick. Specifically, the contusions are not uniform, as
would be expected with a foot strike as described. Pattern injuries from a kick or similar strike tend to be

more circular to oval, and not linear, with concentration contusion discoloring due to a concentrated
impact and peripheral surface hemorrhaging of the capillaries. It was therefore opined that there was a

strong probability the injuries were not inflicted as described.

The injuries were consistent with multiple impacts by an object and the leg moving. This could occur by
the door under specific circumstances – such as the leg bent at the knee and shut in the apartment

door. There were some unique patterns that corresponded to defects in the door molding and trim. It
was therefore opined that there was a strong probability the injuries were inflicted as described by the

Defendant.

131 | P a g e