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Believe the Evidence – AFI-LLC – October 2023 4 of 8

October Commentary: Believe the Totality of the Evidence

The process of investigation is vital to the rights of the individuals - both defendants
and victims; in civil and criminal cases - and our justice system. In the investigations of
death, it can have additional impacts – from civil and criminal, to insurance benefits
and closure to families.

The evidence is not wrong. The interpretation, application of circumstances, and
looking at evidence only individually instead of the totality of the evidence and
circumstances can be wrong.

If the findings are wrong...
- someone may be wrongfully convicted; or
- someone may get away with a crime; or
- family may lose benefits; or
- family may be misinformed, lingering questions, and no closure.

It is not a matter of erring on the side of caution, it is a matter of the evidence and the story it tells and supports.

At times, answering the question of what scenario happened is unanswered. However, answering the question of what
did or did not happen - was it homicide, suicide... or accident - is answered. In doing so, the answer of criminal charges,
insurance benefits, or other outcome is.

“Not engage in incompetent practice or outside acceptable practices and standards of the industry.” - Private
Investigator Licensing, Colorado Department of Regulatory Agencies (DORA) Standards of Practice.

We receive multiple inquiries on questioned deaths – from PIs, attorneys, and families. We welcome these, it is our
passion to help families. Unfortunately with most, the PI has done a 'full work-up' of the case and an attorney is ready to
file a wrongful death action based on the family's belief of homicide and then wants us to prove it. That's putting the
cart before the horse.

First it needs to be determined what did and did not happen - was it suicide, accident, or homicide - we have found all of
these in our questioned deaths. Most often there is some information and evidence – when looked at individually –
which supports the questions and concerns of the family. If this is looked at with the untrained and inexperienced eyes,
it may be an incorrect conclusion. We have found the same with law enforcement and coroner investigations – less
frequently in comparison to families and inexperienced PIs. Once a family’s questions are said to be factual there is no
changing course to them. We have been there and it is very damaging to them. For example, telling a family or client –
at any time – “this is clearly a murder and we will prove it for you” does happen too often and should never be done.
Instead, we tell the family, “We understand the concerns you have, but cannot offer anything further until we look at all
of the records, reports, and photographs available to us. Even then, if they are incomplete our findings may also be. We
will do the best we can to answer your questions honestly based on the facts and evidence. Please understand there are
four possible findings, and we cannot know until the official evidence is first reviewed and analyzed to conclude:

1) The official investigation was competent, with the official findings consistent with the facts and evidence; or
2) The official investigation was not competent, with the official findings consistent with the facts and evidence; or
3) The official investigation was competent, with the official findings not consistent with the facts and evidence; or
4) The official investigation was not competent, with the official findings not consistent with the facts and evidence.”

When retained by a PI or attorney, we tell them the same. These are in the order most often seen. The client comes to
us – and you – because they are looking at #4. This is most often not our findings.

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