Page 2 - Evidentiary Photographs – AFI-LLC - January 2022
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Evidentiary Photographs – AFI-LLC - January 2022                                                     2 of 4

        Be Their Voice
                                              As Medicolegal Death Investigators, we began monitoring what would
                                              become the events of 2020, which still continue, from late 2019. We noticed
                                              a disturbing trend in new healthcare protocol and policies, including a change
                                              in how deaths were certified. To witness these firsthand as a loved one dies is
                                              disturbing beyond words. Here is one frontline worker who should be heard...
                                              https://youtu.be/HxF3Np7QgdQ.

                                              “To the living we owe respect, but to the dead we owe only the truth” are the
                                              words of Voltaire, and our passion to help families. For our healthcare system,
                                              it was always to first do no harm, in their Hippocratic oath, “I will abstain from
        all intentional wrong-doing and harm.” Our recent loss made the holidays very difficult, and still. The events of 2020 –
        just ‘two weeks’ and going on two years later – with the continuation of putting ad hoc policies before patients and
        people has been devastating to countless families and businesses. We must all be the voices of those who cannot speak
        – and do so while they are living, and when it is most important.

                   Evidentiary Photographs – Originals vs. Everything Else (including PDFs and PPTs)

        In last month’s agency newsletter, we highlighted a recent analysis by of our friend and colleague, Bryan Neumeister of
        USA Forensics (Phoenix AZ) and his high-profile exposure of false photographic evidence. Here we share why anything
        other than original image files is not evidence, including for courtroom demonstrative purposes. We will also share
        additional resources important to image formats, what is ‘original’ and the importance of having the best photographic
        evidence – not copies, prints, or other non-native formats of the original image files.

        This isn’t a new topic for us, we have covered it before. We also refer to our May 2021 newsletter commentary,
        Photographic Documentation to Presentation Images (Original, Scanned, b/w, Embedded, PDF and Converted) at
        www.DeathCaseReview.com/afi-llc-blog/photographic-documentation-to-presentation-images

        Refresher - It’s all about the Hex, Exif & Metadata
        This month we revisit the importance – and share what Bryan exposed. To prove alleged ‘fake’ assault photos, Johnny
        Depp was given access to Amber Heard’s phone records. Following the court’s ruling, Depp’s lawyers had an expert
        analyze Heard’s phone for proof of photo tampering. The photographs they were given previously lacked metadata. As a
        result, their expert Bryan Neumeister was unable to confirm the details. Here’s the story -
        https://washingtonnewsday.com/culture-entertainment/to-prove-alleged-fake-assault-photos-johnny-depp-was-given-
        access-to-amber-heards-phone-records

        Refresher – What is an Original and Best Evidence Image File
        Sharing digital media files is still best by physical media – flashdrive most often, due to the size of files, or by CD / DVD.
        Common, particularly since early 2020 events, are by online services – such as DropBox, OneDrive, and case
        management software, etc. On the note of case management software – it is important to confirm no changes are made
        to the files by the provider – such as compressing for space.

        Tip – Federal Rules of Evidence
        From our course, Basic Forensic Photography (www.InvestigativeCourses.com) we remind our clients and colleagues, the
        Federal Rules of Evidence (adopted by most states) addresses digital photography, and states:
        An “original” of a writing or recording is the writing or recording itself or any counterpart intended to have the same
        effect by a person executing or issuing it.  An “original” of a photograph includes the negative or any print therefrom. If
        data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data
        accurate, is an “original”.

        These three important reminders tell us several things, as professional investigators, for our cases – whether reviewing
        opposing party discovery and disclosure, conducting photographic assignments for cases, or having an expert
        consultation. It is important to not delete any files, images, or portions – the file must be an exact duplicate of the


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