Page 3 - Denying Investigative Photographs - AFI-LLC March 2022

Denying Investigative Photographs – AFI-LLC – March 2022 3 of 4

issue subpoenas or seek a court order. If there is a representing attorney, most often this makes the request easier –
other times, the request is treated – and denied – as if there were no litigation involved, because ‘pending litigation’ is
not understood by the records custodians.

In the denial of photographs, the response often includes the availability of all other documents and reports – from
investigative reports to autopsy reports. Even then, it is open to statutory interpretation of what they choose to release
or not. Most statutes are not like FL or CA where there is an absolute restriction to release – most are at the discretion
of the records custodian, who then deny based on potential ‘public harm’. This is bunk – plain and simple. The greatest
public harm comes when the lack of evidence results in more harm to the family – or party to litigation.

In the official investigations, in judicial proceedings, and in inter-agency investigations the photographs are included in
the materials for review and analysis. However, under most state laws or investigative office policies, these same
photographs are denied release to the family, or their representative, contrary to statute and due to self-interpretation
with the only purpose to deny release. Our position is these blanket and unfounded denials are what cause public harm.
Families continue to have unanswered questions, a death certificate may be incorrect (or correct – however, this cannot
be justified to the family), a person may be wrongfully accused or convicted (or never arrested – again, this cannot be
justified to the family). Most often, the official investigations are what is reported. The investigation may have been
substandard by best practices, which causes the family to have questions – yet, the conclusions are supported by the
evidence. If all of the evidence is presented, which includes photographs.

We have consulted on cases in which the family, an attorney or other representative has questions and concerns to
which photographs have been important. In one such case, a convicted murderer from the 1960s absconded from
parole and was unseen for over two decades. He was connected to a murder in this time, and the family developed a
connection to a third death. We reviewed the file and a single photograph, among a limited number of the time, was
significant in supporting the official investigation and demonstrating to the family the questioned death was a suicide. In
another case, expanding over 10 years of independent multi-agency investigation, the official investigating agencies –
even under court order – denied the full extent of the multi-agency photographs. As they were slowly released, the
evidence slowly supported the family’s suspicion of homicide and an official cover-up vs the official finding of suicide. In
another family case, we were able to demonstrate to the county attorney why photographs were important and did
receive them. These were able to show additional information, not reported, which demonstrated to the family several
concerns they had were not supported by the photographs (i.e. forced entry into the basement, manner of the decedent
having been hanged, and evidence in the snow no other vehicles had come or gone from the residence).

On a final note – official investigation records are intended to be public, for transparency. There are exceptions – active
cases (investigation and judicial), protecting personal privacy (i.e. medical records)… we all know these. Specific to
photographs, thanks to the media publishing photographs which do harm the family, the denial is blanket and without
justification. The first persons who should have access to the evidence of a death investigation is the family.

Welcome Charles Rafferty – newest Certified Forensic Death Investigator!

Charles is a licensed private investigator in California with the Innocence
Legal Team. He completed and passed the pre-requisite Equivocal Death
/ SBI Investigations course, and continued to the Certified Forensic Death
Investigator Program. After completing and passing all stages, he has
been conferred the CFDI designation! Charles also holds the CCDI and
CFDI-FTER certifications.

Congratulations – we are excited to have you in the CFDI Program!

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