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Investigating Wrongful Convictions – AFI-LLC – September 2024 5 of 9

It is important to note a wrongful conviction is not limited to guilt or innocence. Most often the underlying issue in the
wrongful conviction is specific to the charge(s). For example, a person may be wrongfully convicted of a degree of
homicide, when the facts in evidence are consistent with the elements to manslaughter. There is a domestic argument,
which becomes heated and then becomes physical. A struggle ensues and a person reaches for a kitchen knife and stabs
the other person, resulting in their death. What do the facts in evidence show? Were any facts and evidence not
provided at trial? Was any evidence withheld by prosecution from discovery to defense? What are the comparative
elements of both criminal acts? Was the act criminal, or justified as an element of affirmative defense?

These are just a few of the questions the legal investigator – and perhaps a consulting expert – should pursue for the
defense attorney and team. Of importance is identifying the event, the evidence, and how these unfold to tell the facts.

These may also be important is negotiating a post-conviction Alford Plea – Nolo Contendere or No Contest. According to
the Legal Dictionary (www.legaldictionary.net/alford-plea), an Alford Plea is, “An Alford plea is a plea that may be
entered by a defendant who has been charged with a crime. In entering an Alford plea, the individual essentially enters a
plea of guilty, while maintaining a claim of innocence. In such a case, the defendant is admitting that, whatever evidence
the prosecution has is likely to convince the court he is guilty.” The defendant is pleading guilty, while maintaining their
claim of innocence.

Karen S. Beers, BSW, CFDI, CCDI, earned her Bachelor's in Social Work from Colorado State University (Magna Cum
Laude). She is a Certified Forensic Death Investigator (CFDI) and Certified Criminal Defense Investigator (CCDI). Her
background, education and experience with victim advocacy and counseling are valuable assets in working with families
and victims of traumatic events.

As a death investigator Karen was involved in the investigations of all manners of deaths and incidents, training under
three Forensic Pathologists. From 2004-2006 she investigated and assisted with numerous death cases and scenes, and
assisted with forensic autopsies. Following graduation from Colorado State University was an extensive internship at a
youth counseling and rehabilitation facility.

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