The Last Detective Feed

Boston pays $12 million to man wrongfully convicted...

jnardizzi — 2026-04-17T17:21:04-04:00

We investigated another civil rights case against the City of Boston which paid $12 million to settle with Shaun Jenkins, who was wrongfully convicted of murder in 2001. The city claimed the settlement does not admit to liability—which is nonsense, given the widespread corruption seen in the case
Shaun Jenkins alleged police fabricated witness statements, coerced testimony, and concealed evidence pointing to another suspect, drug dealer Mike White. Boston Police were accused of coaching a family member with a false story, paying him to testify, and inventing claims that Shaun possessed a .380 handgun and made prior threats. The lawsuit also cited withheld exculpatory evidence, including phone records showing victim Stephen Jenkins called White multiple times the day he was killed, along with evidence of a drug debt owed to White, and mismatched eyewitness descriptions. Although White died two months later without being questioned, prosecutors still pursued a theory that Shaun killed his cousin in a drug turf war.

Mass. man imprisoned 34 years for murder speaks out...

jnardizzi — 2026-03-20T15:27:23-04:00

The Suffolk County District Attorney’s Office announced it will not retry 64-year-old Tommy Rosa for the 1985 killing of Dorchester nurse’s aide Gwendolyn Taylor, ending a decades long legal battle. Rosa, who spent 34 years in prison before his 2020 release, had faced multiple trials, including a mistrial and a prior conviction that was overturned. His conviction was vacated in 2023 due to new DNA evidence and after our investigation raised concerns over unreliable eyewitness identifications. Prosecutors had initially planned a retrial scheduled for May. Tommy Rosa is the 100th innocent man to be exonerated in Massachusetts.

Our investigation also identified the likely culprit in the case, who bore a remarkable resemblance to Mr. Rosa and went on to commit numerous violent acts against women. It remains unclear whether law enforcement has ever followed up on this lead.

Prosecutors drop 1997 Boston murder case against Rickey Fuquan McGee ...

jnardizzi — 2025-11-07T18:33:56-05:00

What an amazing week it was! First we saw client Rickey Fuquan McGee leave prison after a 1997 murder conviction. Our investigation led to new evidence showing that Boston police had induced a key witness, Natasha Hamilton, to testify against him by shielding her from prosecution for crimes involving bank fraud that police knew she had committed. Two witnesses were threatened by an unknown detective who told them to "knock it off" and stop pursuing fraud charges against Hamilton because she was a star prosecution witness. Here is a video of this incredible moment as well as some photos of Fuquan and his mom and our amazing legal team.

And Raymond Gaines, while free since late 2023, finally saw his case dismissed by a judge due to rampant police misconduct (seeing the theme here?)

After 41 years, freedom for Eddie Wright...

jnardizzi — 2025-09-01T16:42:46-04:00

After the DA's gatekeeper appeal was rejected by the Supreme Judicial Court, Hampden District Attorney Anthony D. Gulluni released a statement that they are considering their next steps. He whined that Wright's motion for new trial was "the defendant’s sixth bite at the apple," and that the "incriminating evidence against the defendant was quite strong”’.

He failed to say that a judge found police and prosecutors poisoned the apple. They hid the apple. The police and prosecutor in 1984 conspired to hide from the jury the fact that the crime scene had been contaminated by a break-in. They missed obvious suspects. Our investigation found substantial 3rd party culprit evidence showing that the victim’s ex-boyfriend, Allen Greg Smalls (deceased), committed this murder, stole mementos from the crime scene, and threatened the victim Penny Anderson on the same night she was murdered. Smalls lied about his alibi, attempted to sell a knife the day after the stabbing, and also confessed twice to having committed the murder. He went on to commit several other violent crimes against women.

The DA has now dismissed the case. DA are not so public about the egregious errors that lead to a conviction being overturned. So once again, we see the almost universal flaw that seems marbled into defective prosecutions: the inability of anyone on that side—police or prosecutors— to admit a mistake, or even alter the course of an investigation that is dead wrong, and ends up stealing years from an innocent person's life. And keep in mind Trump's DOJ opened an investigation into the Springfield Police Department’s use of force that was the only federal investigation of its kind during Trump’s first term in office. There are major problems in Springfield.

Here is Eddie and the team. He is free at last. And gone from Springfield.

When police lie to a witness...

jnardizzi — 2025-07-17T17:26:10-04:00

Quick video on some case law [Frazier v. Cupp, 394 U.S. 731 - 1969]
] applied when police lie to witnesses (Supreme Ct allows it in some situations!)

DA gatekeeper appeal to SJC denied!...

jnardizzi — 2025-07-17T17:21:41-04:00

So we were very disappointed that the bail petition for Eddie Wright was denied. And when Hampden County DA's Office filed a so-called gatekeeper appeal to a single member of the SJC, we were looking at a delay in over one year for our client to be released from prison.

The DA's appeal on the case was DENIED! Not a single word in the opinion, which gives you everything you need to know about the quality of their case. It could be a matter other than days or weeks before Eddie is freed from prison. And if they elect to re-try him, the only smell you will notice is BBQ... the scent of a smoking DA.

We will cook them on a retrial.

Judge overturns murder conviction of Edward Wright...

jnardizzi — 2025-04-21T10:30:48-04:00

What goes into investigating & overturning the wrongful conviction of an innocent man?

~ 100+ people located
~ 75+ people interviewed
~ 6+ lawyers
~ 283 exhibits
~ 5 years of work

On Friday, April 11, 2025, Hampden County Superior Court Judge Jeremy Bucci overturned the conviction of Wright. The defense investigation found substantial 3rd party culprit evidence showing that the victim’s ex-boyfriend, Allen Greg Smalls (deceased), committed this murder, stole mementos from the crime scene, and threatened the victim Penny Anderson on the same night she was murdered. Smalls lied about his alibi, attempted to sell a knife the day after the stabbing, and also confessed twice to having committed the murder. He went on to commit several other violent crimes against women.

Eddie Wright called the news “bittersweet”... “There is bitterness for all the years I’ve lost in prison,” he said, “but also sweetness in the possibility of freedom.”

Despite not calling any witnesses during the new trial hearing and admitting there was no chance for a retrial, the DA cynically appealed the case to keep Mr. Wright in prison just a few weeks longer.

40 years later, Eddie Wright found justice. And we're still working to get him home. We worked this case with our outstanding partners at New England Innocence Project and pro bono lawyers Nigel Tampon, Isaac Saidel-Goley and many others.

Generosity of spirit...

jnardizzi — 2024-11-27T17:46:07-05:00

Eating at City Jakes Cafe with a man whose conviction was recently overturned. He's been out just a few months. An old gent in line was staring at him like he'd see a ghost. Then the old man smiled, said he remembered him from years ago. We're eating & the old gent approaches...

The old man takes out a roll of bills, slaps down $20, $40, $60, $80... keeps going until my guy had $200 in hand. They shook hands and the old man went on his way. My guy had tears in his eyes. "That's what we do for each other." Innocence cases show the best in people.

Conducting international investigations...

jnardizzi — 2024-10-01T11:31:36-04:00

We had a great panel discussion on international investigations at the 99th Annual World Association of Detectives conference in Kuala Lumpur. Always great to see old friends and meet some new ones. The hospitality of our Malaysian hosts was out of this world! Enjoyed the numerous meals of chicken rendang and satay. And the city was a treat. One point overall was the transnational nature of crime requires us to educate resistance at the ground root level. Governments are failing to keep to speed as scams targeting the elderly, "pig-butchering", romance scams and others are getting more sophisticated.

Missing girl surfaces...

jnardizzi — 2024-08-25T11:24:47-04:00

Missing persons cases are hard. Just got some wonderful news on a Mass & Cass investigation re: a missing girl. Did everything we could but never able to find her. But she's surfaced & the family is joyful. That area is a dark place for a lot of people in Boston.

Sometimes luck plays a role and we are all happy for it.

10 year investigation leads to filing...

jnardizzi — 2024-02-10T15:52:16-05:00

For over a decade, John Nardizzi and the legal team for Brian Peixoto have been working to overturn an egregious wrongful conviction from the 1996 death of young Chris Affonso. No case we have worked better demonstrates the critical importance of developing witness testimony—even with very difficult and challenging witnesses— that eventually led to John obtaining critical medical releases that led to the legal team being able to fully access the medical records and file a Motion for New Trial.

In the case of child deaths, the prosecutor playbook in the 1990s was to blame the man, even while in this case there was ample evidence of the suspicious role of the mother, Ami Sneed. Our Motion for New Trial alleges the Commonwealth’s medical examiner erroneously concluded that Christopher’s death was due to a violent assault. A child abuse expert in the case testified beyond his area of expertise and falsely attributed findings to the medical examiner.

No one beat Christopher to death, according to the filing. Chris was not a healthy, well-cared for child as portrayed by the mother and the DA. He had numerous bruises were from earlier fall and suffered a fractured clavicle while in the custody of the mother. Our motion alleges that Christopher was stumbling and acting drunk the morning of his death, yet the mother (Sneed) failed to take the child to a medical appointment that morning, with some records showing she canceled it.

The new evidence shows that Christopher died from PTDI [Post-Traumatic Diabetes Insipidus] which was triggered by a traumatic impact to his skull.

This was never a child abuse case. Those who warped justice in this case will have their own day of reckoning.

WAD Investigator of the Year awarded...

jnardizzi — 2023-10-17T13:25:20-04:00

This really caught me off guard - honored to be named 2023 Investigator of the Year at the 98th Annual Conference of the World Association of Detectives in beautiful Vancouver, Canada. I had the mistaken impression the winners were informed beforehand, so when the dinner came, I was well into some fine red wine when I heard the words "investigator from Boston" and "also a writer". Fixed my tie and cleaned up quick.

Thank you to WAD for recognizing investigators like me working on wrongful convictions. Exonerees like Raymond Gaines and others inspire us all! Keep working, keep dreaming, keep fighting...

And I should add that the tremendous outcome was also due to fine work by staff investigator Jill Vaglica. Innocence cases are successful when you work as a team.

NDIA Seminar on Investigating Innocence...

jnardizzi — 2023-09-07T18:15:17-04:00

Enjoyed doing a presentation at the NDIA Regional Conference in Providence, RI.with my esteemed colleague from New England Innocence Project, Cynthia Mousseau. Terrific group of investigators and presentations.

Exoneree Victor Rosario settles case for $13 million....

jnardizzi — 2023-07-01T12:06:46-04:00

In May 2023, the City of Lowell admitted their errors and partially compensated former client Victor Rosario for his wrongful conviction - $13 million, the 2nd highest settlement in New England.

It has been a long time coming. I was part of the team that freed Victor Rosario in 2014, after spending 32 years behind bars for a 1982 fire that killed eight people. Victor was at the scene helping people escape the fire. Instead of being lauded for his actions, he was charged and convicted after an error-filled, circus investigation. And at the end, a man who was once a client, is now a friend, showed tremendous compassion and grace, saying "If I don’t forgive those who do wrong to me, then my life will be always in prison. And I don't want that— I want to be free!”

Victor, his wife Beverly, and those like him are special people. I went to Chicago a few weeks later to celebrate with him, lawyer Mark Loevy-Reyes, and the rest of the fine legal team. We walked the shore of the lake and talked deep into the night. Shot pool, ate well, relaxed.Victor even purchased a local landmark; now known as ROSARIO TOWER. His time has arrived.

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The Sound of Pursuit Podcast... "The Dome" and "The Beard"

jnardizzi — 2023-03-31T15:06:17-04:00

If you thought there was no more space for another PI Podcast, you were mistaken… John Nardizzi and Hal Humphreys are on point with The Sound of Pursuit, our podcast on the life and the work of private investigators, including tools and techniques, interviews with fellow investigators, and reflections on the calling.

Judge tosses out Raymond Gaines' 1976 murder conviction...

jnardizzi — 2022-12-22T14:58:41-05:00

This one came unexpectedly at the end of December, and we are trilled to see Ray Gaines out and about Boston (and shopping at the same hat shop as the owner of this PI firm). Ray's case involves a critical and disturbing juncture of Boston.

Gaines was sentenced to life in prison for the 1974 armed robbery and murder of Peter Sulfaro, the owner of a shoe repair shop in Roxbury. The defense investigation showed the witness identification of Gaines was "...the result of unduly suggestive police procedures". Errors included multiple viewings of photo arrays; police telling a witness he "picked the wrong people" - and then showing the same array with only the new suspects added. Newly discovered Brady material including Boston police records showing Det. Peter O'Malley arrested "drug shooting gallery" operator David Bass even while securing Bass's false affidavit (Bass faced criminal charges even while testifying against Gaines). Bass himself later recanted his testimony against Gaines in 1990. "The Commonwealth did not disclose the Bass affidavit for nearly 30 years--despite its obligation to do so."

Throwing the bolt: When due diligence is too late

jnardizzi — 2022-02-24T18:55:31-05:00

What industry is most ignorant about background checks, even for high level hires? For me, it continues to be boutique merchants & restaurants. They love to rely on "insider industry knowledge" when hiring. Even when hiring top level manager, executive chefs, CFOs, they refuse to do a basic background check and look at criminal record, civil litigation, agency hearings, or license violations.

We usually see these kinds of clients paying for post-facto due diligence— defending a lawsuit, sexual harassment cases, fraud, vendor theft, etc. It is like a rancher throwing the bolt on the barn door the morning after a prized horse ran off.

As a business owner, you should consider what signals you are sending to a new employee by not doing background checks. No, it is not "making things easy" for a new hire, even during an economic times where employees are in great demand. You are signaling that taking shortcuts is acceptable in your business. That you accept less than someone's best efforts. Employees accustomed to more professional employers will notice that you are not doing those things. Is that the impression you want to make on your employees?

Protect yourself and show your business.

Arc of Justice awarded to James Watson team...

jnardizzi — 2021-11-24T11:44:06-05:00

The New England Innocence Project awarded the Arc of Justice to team of investigators and lawyers (John Nardizzi, Jill Vaglica, Barbara Munro and Madeline Blanchette) who worked to free James J. Watson, the second man convicted for the 1979 murder of Jeffrey Boyajian of Swampscott. His conviction was formally overturned on November 5, 2020. Watson served more than 41 years in prison for a crime that he did not commit. Here is a video documenting this incredible story.

Subcontracting work - investigations

jnardizzi — 2021-04-07T13:41:04-04:00

Recently I posed a question on Twitter about working as a subcontractor for other PI firms "When out-of- state / country firms call at the 11th hour looking for help, and add that they usually get a "professional courtesy" discount, what is your take? Who is doing who the favor here? Curious on expectations.

Results were interesting. The Mencken Of The Mekong, @DarrylDaugherty put it well: Keyword: courtesy. They’re seeking to derange your operational schedule which is discourteous.

Mike Lantz @PaladinMikeL had a similar take: Generally if we reach out to a firm for some last minute help we offer to pay a premium because it’s last minute and we appreciate the courtesy of the help in the first place!

Cath @drowsygeek also chimed in with her usual humor and insight:

If someone contacts me and the second thing out of their mouth is "professional courtesy discount", they're liable to get the usual double fee for emergency services instead.
No. Just no. Hell no.

And for a different take, @anonymouspi pointed out that there are quite successful business models that do offer a courtesy rate and are upfront about that from the beginning as they cater to this kind of work:

Well, that's pretty much all my work, and I do have a preferential rate for other agencies. BUT my rates are STARTING points for billing, I add additional fees for urgency, inconvenience etc etc. It's still going to be less than I'd charge a private client coming to me

***

I think the key with subcontracting work out in the investigative industry is to build a roster of solid subcontractors. Make sure expectations on billing rates and quality are under agreement and understood by all. Don't call new firms hinting you expect a discount. If you are making money on a case in other ways, and need work done quickly in a distant state or country, the subcontracting firm is doing you the favor—expect to pay full freight. Never put profits over quality.

Hunt for Justice - Intermountain PI Podcast

jnardizzi — 2021-01-16T10:41:43-05:00

Great to be in conversation with my friend, acclaimed PI Scott Fulmer, on his excellent podcast series, Intermountain PI Podcast, recorded from the crossroads of the west in historic Salt Lake City. We talked about my team's two recent exonerations of Gary Cifizzari and James Watson. As he writes: "We go from Boston to San Francisco’s Tenderloin District on a hunt for justice with private eye John Nardizzi. We make a brief pit stop afterwards and discuss his first boss, the legendary PI Jack Palladino who was senselessly killed recently. Plus, we look at Telegraph Hill, the critically acclaimed neo-noir mystery John wrote featuring fictional private eye, Ray Infantino."

It is OVER - James Watson Free After 41 Years

jnardizzi — 2020-12-05T15:49:20-05:00

61-year-old James J. Watson, the second man convicted for the 1979 murder of Jeffrey Boyajian of Swampscott, had his conviction overturned on November 5, 2020. Watson served more than 41 years in prison for a crime that he did not commit. Here is a video with interviews of James and his lawyers and investigators.

Although Watson was serving a sentence of life without the possibility of parole, he had been released from prison in April 2020 due to the strength of his wrongful conviction claims and the danger he faced of developing severe illness due to coronavirus. But the final court hearing on his murder conviction remained.

Then Watson's legal team got the news—it was over. Watson's conviction was overturned and prosecutors dismissed all charges against him. Watson's family and legal team met at his sister's apartment and planned a surprise party to break the news.

Watson's investigator, John Nardizzi of Nahant, devised a plan to get Watson out of the house for a few hours. On an unseasonably warm November afternoon, Nardizzi took Watson and his son, Donjuan Moses, shopping for clothes. They selected a lavender shirt to go with Watson's new custom suit. “I don't recognize that man,” joked Watson as he looked in the mirror at his new outfit, a decided upgrade from prison garb. “I could take Biden's job.”

When Watson came home, the surprise party was joyous as the family and legal team celebrated and sipped champagne. "All that matters to me is I get to comfort my dad now and do things with my dad now," said Moses.

Nardizzi and his team conducted critical investigation into the case, securing key affidavits from several witnesses. A Suffolk Superior Court judge cited evidence and "questions raised in this case of: hypnosis of identification witnesses . . and the potential testimony, rewards, and inducements of a highly inculpatory trial witness.”

Watson’s co-defendant, Frederick Clay, was exonerated 3 years ago after serving 38 years behind bars for the killing of Boyajian, a crime he maintained for decades he did not commit. But Watson's case lingered until a legal team came together to exonerate him.

"Jimmy Watson has a special strength to make it this far with mind, body and soul intact," said Nardizzi. He credited staff investigator Jill Vaglica with conducting several important witness interviews in the Watson case. "These cases are incredibly difficult to win and require a dedicated team of investigators, lawyers and experts. We had that team here. We are all thrilled for the Watson family," said Nardizzi.

Watson's attorney, Barbara Munro, said. “The greatest injustice is to take an innocent man away from his son and family," "This could have been prevented here if the then-prosecutor had not withheld from the defense the fact that the eyewitnesses were hypnotized prior to their identifications of Mr. Watson, rendering them unreliable.”

Co-counsel Madeline Blanchette added, “It is impossible to undo the intergenerational trauma that this wrongful conviction inflicted on Mr. Watson and his family, but his exoneration now means that there is still opportunity for healing,"

Watson’s co-defendant, Frederick Clay, was exonerated 3 years ago after serving 38 years behind bars for the killing of Boyajian, a crime he maintained for decades he did not commit.

Watson’s case was supported by Radha Natarajan, Director of the New England Innocence Project. Kristin Dame, Director of Private Social Work Services at the Committee for Public Counsel Services, provided reentry support services to Watson.

Dr. Mary Bassett of The Sentencing Project and Katharine Naples-Mitchell of the Charles Hamilton Houston Institute for Race and Justice at Harvard Law School also filed an amicus brief in support of Watson.

Who says there are limits?

jnardizzi — 2020-09-11T18:23:35-04:00

Who says there are limits? Limits on what you achieve? With friend & client Victor Rosario, free after 32 years; Tony Mazza, free after 47 years. Truth, faith, strength, hope ... Outlast the injustice.

By the way, Victor makes handmade wood cat boxes, call us to order one from him. 🔝😺

James Watson is coming home - motion for new trial ��

jnardizzi — 2020-04-16T16:19:11-04:00

61-year-old James Watson was released from MCI-Norfolk last Thursday after serving more than 41 years in prison for a crime that he did not commit. Nardizzi & Associates Inc. conducted critical investigation into the case, securing key affidavits from several witnesses. A Suffolk Superior Court judge credited the investigation with "questions raised in this case of hypnosis of identification witnesses" and "the potential testimony, rewards, and inducements of a highly inculpatory trial witness, [which] raise significant and potentially successful issues." The Suffolk Superior Court issued an order on April 16 allowing Watson to be released from prison while his motion for a new trial is considered. The request was not opposed by Suffolk County DA Rollins’s office.

"Jimmy Watson has a special strength to make it this far with mind, body and soul intact," said Nardizzi, whose investigations firm whose investigations firm has helped free 5 clients in the past year after long prison sentences. He credited staff investigator Jill Vaglica with conducting several important witness interviews in the Watson case. "These cases are incredibly difficult to win and require a dedicated team of PIs and lawyers and experts. We're thrilled for the Watson family," said Nardizzi.

Watson also noted the urgency needed in his release due to his medical conditions and age. The factors put him at risk of severe illness and death due to the coronavirus pandemic. Watson was convicted in 1984 of murdering taxi driver Jeffrey Boyajian in Roslindale. He has maintained his innocence since his arrest in 1979, attorneys Barbara Munro and Madeline Blanchette said in a statement. “We are grateful to the court for making it possible for Mr. Watson to be released to seek the urgent medical care he needs,” Munro said in the statement. “What a gift and a privilege to witness this amazing man walk out of prison after 40 years, with his sense of humor and compassion for others still intact.”

The case against Frederick Clay, Watson’s codefendant, was vacated three years ago after former Suffolk District Attorney Dan Conley’s office "raised significant doubt as to the fairness of his trial." Hypnosis had been used to aid witnesses in Clay's trial as well. The practice is not considered a reliable scientific technique in aiding witness memory.

Watson's legal team will continue to work to exonerate him in the coming months as the state conducts an investigation into his case. Watson will spend time out of prison “regaining his health and rebuilding his life after decades of separation from his beloved family,” the attorneys’ statement said.
“I have waited 40 years already, so waiting a few more months is easy. The truth will set me free,” Watson said in the statement.

Massachusetts court research - criminal records

jnardizzi — 2020-04-07T18:56:43-04:00

With access to court records curtailed, we are finding new ways to get clients the information they need… Facts are lonely things, so don't keep your distance.Call anytime to get your investigation underway (781) 596-8200.

"The powerful play goes on..."

jnardizzi — 2020-04-07T18:54:28-04:00

"The powerful play goes on and you may contribute a verse."

- Walt Whitman

Fantastic Beasts of the Background Check World: the "national criminal search"

jnardizzi — 2020-02-21T20:58:24-05:00

Every investigator gets phone calls like this. The tone excited, the tenor demanding. How can you, sir, charge so much money for a background check when other firms offer "national criminal record checks" for $24.95?

Our response is: Do you want to buy a griffin? A hippogriff (half-horse, half-eagle, 100% fantasy)? Time to review Fantastic Beasts of the background check world.

The national criminal check is a myth. What constitutes a “national criminal check” or “nationwide employment criminal background” as the product is often described? Usually, the firm offering this search is checking a compilation of conviction data--people who actually were sentenced to prison. However, only a very small percentage of people charged with crimes ever do any prison time. National offender databases are misleading: they miss charges that have been pled out, dismissed, not prosecuted (nolle prosequi, the legal term of art meaning the prosecutor is unwilling for some reason to pursue the case).

How do you actually check for Criminal Records?

Everyone is familiar with scenes from movies where a law enforcement agent runs a quick database check and gets an entire criminal history in seconds. In real life, things tend to be a bit more convoluted.

One database used by law enforcement is the National Crime Information Center (NCIC) and it is typically limited only to law enforcement. While the closest thing to a national criminal records database, even NCIC data is riddled with gaps, with as many as 50% of all criminal cases failing to hit the database. So how do you proceed to check a person for crimes committed across 50 states in the USA?

Convictions data is a start but we always go back to the primary sources of criminal records: the state court system. On the state side, this means searching a higher court (Superior Court) that handles major crimes in a particular county, as well as lower courts with more limited jurisdiction. These courts are called district courts or municipal courts. Don’t make the mistake of skipping this step as district courts can hear cases involving serious criminal matters; for example in Massachusetts, some felony cases are found in district court. And access to the dockets still remains mixed: Massachusetts still keeps criminal records off the internet; you need to look at the index in the court.

And on the federal side, you will be checking for criminal cases in the national PACER system.

So just beware when you are conducting a criminal background check for employment or any other purpose: to do it right, the investigator may need to leave the office and review records ((paper or database) at the courthouse. Be certain that you are buying more than the fantastic beast of a "national criminal check" which is usually just convictions data.

Thank you to clients & contractors who made 2019 our best year ever!

jnardizzi — 2020-01-07T10:54:25-05:00

🙏🏼 to clients & contractors who made 2019 our best year ever. From the exoneration of Gary Cifizzari, to getting charges dropped against Kevin Spacey, to consulting on exonerations of Curtis Flowers and Rickey Birch - 2019 is a year to savor!🥂

Private colleges, cross examination and sexual misconduct investigations

jnardizzi — 2019-12-16T10:49:01-05:00

To meet standard of “basic fairness” under state law, do private colleges have to provide opportunity for cross examination as part of a sexual misconduct investigation?

The 1st Circuit held: NO - Massachusetts Supreme Judicial Court has made it clear [Schaer v. Brandeis in 2000] that private colleges are not required to comply with federal due process to provide basic fairness to students in disciplinary investigations such as an opportunity to cross examine witnesses. Judge Lynch wrote: "BC is not a public university or a government actor and is not subject to due process requirements.”

It is over: Murder charges dropped on Cifizzari case

jnardizzi — 2019-12-10T08:46:49-05:00

It is over. Murder charge were dropped against Gary Cifizzari in killing of his 75-year-old great-aunt in Milford 40 years ago. Thank you to all the people who cooperated in the investigation to clear our client’s name - 35 years later.

Incredible night: client & friend Victor Rosario shared his story of surviving 32 years in prison

jnardizzi — 2019-12-04T10:41:15-05:00

Incredible night at NEIP fundraiser: client & friend Victor Rosario shared his story of surviving 32 years in prison as an innocent man. His body was captive behind a wall, but his mind was free to go beyond the wall. Strongest man I know.

John Nardizzi presented at WAD 94th Annual Conference Stockholm Sweden

jnardizzi — 2019-08-31T14:37:49-04:00

John Nardizzi spoke about wrongful convictions at the World Association of Detectives 94th Annual Conference in Stockholm, Sweden. Headcount of raucous crowd shows Mr. Nardizzi outdrew ABBA tribute band.

"Breaking up is never easy, I know, But I have to go
Knowing me, knowing you It's the best I can do…"

What does a PI do on a DNA case?

jnardizzi — 2019-06-01T18:15:01-04:00

The Gary Cifizzari case is one of the most satisfying professionally speaking. An innocent man goes free at last. Got lots of queries about what a PI does on a DNA case... Interviews— cases are about storytelling. Put flesh & bones on the real killer— he was at the scene, knew victim, long history of uncontrollable violence. A life of deception.

Breaking news - Worcester Superior Court - Hit on a DNA sample in 1979 murder case,

jnardizzi — 2019-05-31T18:19:45-04:00

Breaking news - Worcester Superior Court: Hit on a DNA sample in 1979 murder case. The New England Innocence Project, assisted by investigators at Nardizzi & Associates Inc., announced Friday they are seeking Gary Cifizzari’s release pending a new trial after DNA evidence linked a deceased Rhode Island man to the murder of Constance Schiappa in 1979.

DNA matched that of Michael J. Giroux, an Army veteran who was drinking at a bar just minutes away from Schiappa's apartment in downtown Milford on the night of the murder. Nardizzi's investigation revealed that Giroux went on to lead a life of deceit— a bank robber and conman who committed crimes throughout his life, including murder, armed robbery, and who stole money from friends and family. Moreover, Giroux was also a State Police and FBI informant. He was interviewed by police just days after the murder of Mrs. Schiappa. Police missed signs of Giroux's culpability and instead focused on the Cifizzari brothers, Gary and Michael.

Talk with exonerated client Victor Rosario - Nahant Library

jnardizzi — 2019-03-24T11:50:44-04:00

Enjoy the film "Shawshank Redemption"? Come hear the story of Victor Rosario, an innocent man who spent over 3 decades in prison after being convicted of arson in 1983. Victor will be speaking with his wife Beverly Rosario, his attorney Andrea Petersen, and his PI (me) on Sat. March 30, 4 PM.

Thank you to Sleuthfest 2019 for having me on crime fiction panels!

jnardizzi — 2019-03-24T11:49:51-04:00

Sleuthfest rocked the house. Great panels; the organizers made everyone feel welcome. Flawless ... Toured Miami last night to complete pinot noir vibe ...

The Goodell Detective Agency: Why the NFL Botches Investigations

jnardizzi — 2019-02-02T09:53:42-05:00

The Goodell Detective Agency: Why the NFL Botches Investigations featured in Pursuit Magazine

"Goodell often trumpets the hiring of retired law enforcement agents and prosecutors with fancy titles to investigate on behalf of the league. But once defanged of the powers they had as law enforcement (the ability to issue subpoenas), these former agents have proved inept at obtaining information that more creative investigative reporters seem to obtain on a regular basis. Information, after all, is usually the first line of defense….

Like a footballing Clouseau, the lead detective—Goodell—takes the hits and makes us laugh while the bloated billion-dollar empire rolls on, heedless of the damage left in its wake."

Interview - Favorite Detective Stories - early days in the PI biz, wrongful convictions, creativity, con men.

jnardizzi — 2018-12-12T17:50:34-05:00

John Nardizzi speaks with host John Hoda @ My Favorite Detectives Stories about early days in the investigations business, wrongful convictions, creativity. And con men.

Prison or palace: reprogramming your mind & spirit

jnardizzi — 2018-11-16T14:43:25-05:00

This week I was listening to a podcast by one of my clients, the fine gentleman Victor Rosario, who spent 35 years in prison before he was exonerated. Victor is a religious man. In his recent podcast at Mass Exoneration, he says something profound that I must have listened to eight times. Victor knew he was innocent and refused to accept the concept of a 'prison':

"Words are powerful. One word can get you high, and one word can destroy you. Then when I found out that one word can destroy me — that word was prisoner — no accepting prison in my body, no accepting prison in my mind. And I was a free man. I walked inside the prison system as a free man … knowing that one day I gonna be free.

Every time that I go into the church, every time that I go to a school, every time that I go anywhere I go, I walk as a free man. I never accepting the word prisoner in me. Never. Never accepting that. That’s not me. That’s somebody else not me. No, you gonna die in prison. Who gonna die in prison? You? Not me. I’m not going to die in prison, are you crazy?"

Gives me chills; what a way to reprogram your mind. Here is the link to his story.

Lawyers Weekly Poll: Nardizzi Inc. is top investigative firm in state

jnardizzi — 2018-08-27T20:41:00-04:00

The readers of Massachusetts Lawyers Weekly voted Nardizzi & Associates Inc. the best private investigations firm in the state of Massachusetts - THANK YOU! Honored to have earned your trust over the past 15 years.

Cell phone tracking laws by state

jnardizzi — 2018-05-07T13:49:47-04:00

Map details cell phone location tracking laws by state

Privacy, surveillance & civil litigation: a Massachusetts guide for private investigators

jnardizzi — 2018-04-05T14:30:57-04:00

The Massachusetts Bar Association hosts a good summary of privacy laws as they apply to video surveillance in Massachusetts civil litigation, including insurance cases. One of the leading cases in Mass. is DiGirolamo v. D.P. Anderson & Associates, Inc., The court wrote that investigators may generally observe, or photograph a person in public places. A gray area arises when a person enters the privacy of their own home. The court looked at 4 scenarios as to whether a private investigator violates a person's statutory right to privacy:

~ the investigator looks through a window into an apartment with the naked eye;

~ the investigator looks with the naked eye when a person walks out onto a balcony;

~ the investigator photographs, or looks at the person on a balcony with enhanced vision;

~ the investigator photographs or looks at a person inside the home with enhanced vision.

The Mass. court concluded that only the fourth scenario would constitute an unreasonable and substantial interference with the plaintiff’s right to privacy.

The court adopted the United States Supreme Court’s Fourth Amendment analysis from Oliver v. United States. It also quoted a Second Circuit Court of Appeals’ case United States v. Taborda: “Observation of objects and activities inside a person’s home by unenhanced vision from a location where the observer may properly be does not impair a legitimate expectation of privacy. However, any enhanced viewing of the interior of a home does impair a legitimate expectation of privacy.”

Written by lawyers Joseph M. Desmond & David Viens, this article has some good information on Massachusetts state laws applicable to video surveillance, audio recordings, pretext interviews and pretrial discovery.

Excellent result for public records law in Massachusetts.

jnardizzi — 2018-01-04T12:24:58-05:00

Excellent result for public records law in Massachusetts. "Sunlight is said to be the best of disinfectants; electric light the most efficient policeman."- Louis D. Brandeis

At long last, court strikes down MA police department's bogus interpretation of criminal records (CORI) law: mug shots, arrest reports of officials are public.

Why Words Matter: Good Intel, Bad Reports, Ugly Outcomes

jnardizzi — 2018-01-01T12:00:13-05:00

The chief and worse aspect of CIA writing is the failure to let words say what they have to say, to use simple words and let them alone.” Lessons from the CIA’s classified guide to good writing

Lowell settles wrongful imprisonment suit with Dennis Maher

jnardizzi — 2017-12-15T21:02:22-05:00

Lowell settles wrongful imprisonment suit with Dennis Maher

BOSTON –Dennis Maher and his lawyers reached a $160,000 settlement with the city of Lowell for his wrongful conviction for the rape and sexual assault of two women in 1983. He was sentenced to life in prison, but Maher won his freedom in 2003 after DNA tests cleared his name. Maher spent more than 19 years in prison.

The town of Ayer continues a legal battle to dismiss a civil rights case filed by Maher over his wrongful imprisonment. Maher accused Lowell and Ayer police of using improper identification techniques, failing to disclose evidence, failing to investigate, and fabricating evidence.

John Nardizzi has led the investigation into the events surrounding the flawed investigation done in Ayer and Lowell. Another Nardizzi client, the Estate of Kenneth Waters, also has a pending case against Ayer. Kenneth Waters was wrongfully arrested and convicted, and served nineteen years of a life sentence, for the 1980 murder and armed robbery of Katharina Brow. Waters was released from prison following the filing of a nolle prosequi in which the District Attorney acknowledged that new DNA evidence had revealed the blood of an unknown person at the murder scene. The DA did not acknowledge Waters’ innocence.

Waters later died as the result of an accident.

It is over: No retrial for client in Lowell blaze

jnardizzi — 2017-09-16T13:18:06-04:00

Client Victor Rosario, who spent over three decades years in prison before convictions for arson and eight counts of murder were overturned, will not be retried according to the District Attorney Marian Ryan. Superior Court Judge Kathe Tuttman overturned Rosario's convictions in 2014, based partly on new forensic science cast doubt on whether the fire was actually arson as well as other factors in our re-investigation of the case.

Mr. Rosario is now married and works as a minister in Dorchester.

The Law and Science of Eyewitness Identification

jnardizzi — 2017-06-11T23:17:39-04:00

I summarized some key points for investigators in a piece for PURSUIT MAGAZINE on the new scientific studies being done in the field of eyewitness identification and memory.

Below are links to case law, scientific studies and law enforcement training guides and videos. Most of this collection was put together by the organizers of the National Symposium on Eyewitness Identification Reform held at Yale Law School, which I was fortunate to attend in July 2016.

- John Nardizzi

Court Cases

Law Enforcement Training Curriculum

Law Enforcement Videos

Model Legislation, Policies and Practices

Related Studies and Articles

FBI reports code names & acronyms & abbreviations

jnardizzi — 2017-05-25T10:36:28-04:00

This website of FBI acronyms, code names and abbreviations may be of use if you need to decipher FBI reports.

https://sites.google.com/site/ernie124102/foia/fbi-info

FBI reports are often generated in connection with civil or criminal litigation. Some of the acronyms and code names can be tough to decipher but they sure are fun. SPECTAR? BLACK BAG JOBS? GHETTO INFORMANT PROGRAM?

And use a VPN because Jedgar's boys are probably running the site anyway…

Severe dysfunction alleged in Suffolk Probate Court

jnardizzi — 2017-03-17T19:58:44-04:00

"It was a place for employees to make work disappear,” according to an assessment of the registry released by the Massachusetts Trial Court…The court did release documents that showed a fundamental breakdown in basic management. Employees took breaks at all times of the day and left for lunch when they wanted, the documents allege. Staff were allowed to come in late or leave early. People did not answer phones. Supervisors had signs on their closed doors that read “Do not Disturb.”

Great assets of Bernie Madoff

jnardizzi — 2017-03-13T22:08:04-04:00

Rumblings of massive asset searches underway worldwide (investors are not waiting for the feds to conclude work) for accounts linked to the businesses run by Bernie Madoff.

One question bantered about recently by veteran researchers: does Gramm-Leach-Bliley Act cover business accounts? More specifically, are businesses considered "customers" under the act and thus protected by the sort of tactics once used to find assets hidden by scam artists like Madoff? General counsel for one large firm advised me the act does cover business accounts, but others disagree--off the record. No one wants to be the test case.

Due diligence pays for Nardizzi client

jnardizzi — 2017-02-27T22:59:00-05:00

In the wake of repeated news of SEC investigations of hedge fund and investment management firms, an investment bank credited an early-stage due diligence report by investigative firm Nardizzi & Assoc. for saving clients from multi-million dollar fraud losses.

The Securities and Exchange Commission charged a Pearl River, N.Y., investment management firm Westgate Capital Management, LLC and its managing member, James M. Nicholson with operating a large-scale scheme that defrauded hundreds of investors of millions of dollars. The SEC alleges that Westgate solicited investors with false claims of an almost unbroken eight-year string of monthly investment successes.

In the fall of 2007, a New York investment bank had retained Nardizzi & Assoc. to investigate links between Nicholson, Westgate, and other individuals. The report issued by Nardizzi swayed the investment bank away from investing with Nicholson.

The arrest of Nicholson made waves in tony Palm Beach as well, as reported in the Palm Beach Daily News:

“The vigilance of Madoff-wary investors has helped bring about the arrest of another part-time Palm Beach resident, the manager of an unregistered hedge fund accused of swindling an estimated $900 million from clients since 2004.

The FBI on Wednesday arrested James M. Nicholson, 42, owner of a penthouse in the Dunster House condominium complex, on charges of securities fraud and bank fraud. Also on Wednesday, the Securities and Exchange Commission filed a federal complaint against Nicholson and his company, Westgate Capital Management LLC of Pearl River, N.Y., seeking relief for the fraud and an injunction to stop it.

A telephone call to Nicholson's primary residence in Saddle River, N.J., was not returned by press time. A telephone line listed for Nicholson's multi-million dollar Dunster House penthouse was disconnected.”

The investigation into Nicholson began when Westgate investors reacted to alleged Ponzi mastermind Bernard Madoff's $50 billion scheme. When they began to redeem their own investments in different Westgate hedge funds, nearly $5 million in checks bounced.

The SEC released this statement regarding Westgate Capital Management, LLC and its managing member, James M. Nicholson, who was arrested by the FBI at his New Jersey home.

Jury rejects murder charge, finds teen guilty of manslaughter Jury rejects murder charge, finds teen guilty of manslaughter Jury rejects murder and finds manslaughter charge

jnardizzi — 2017-01-29T21:05:10-05:00

Lowell teenager Billeoum Phan, now 16, was found guilty of voluntary manslaughter for the shooting death of Samnang Oth, 21, of Chelsea. Phan was the one of the youngest defendants ever in Massachusetts to face a murder charge.

According to police reports, at approximately 11:18 p.m. on August 12, 2006, Lowell Police responded to 40 Royal Street in Lowell for reports of shots fired.

Although the initial investigation determined that a gang-related fight broke out at a birthday party at the Royal Street residence, the defense investigation showed that the police failed to interview dozens of witnesses. Moreover, several witnesses were called by Phan to testify to the terrifying specter of rocks and bottles raining into the first floor apartment, where several young women, including one pregnant woman, sought shelter. The defense argued that Phan was acting in self-defense when he fired the gun and hit Oth.

Defense counsel Jack Cunha represented Phan, with John Nardizzi leading the defense investigation.

The judge sentenced Phan to DYS custody until the age of 21 for the voluntary manslaughter conviction. Then Phan will have a suspended five-year state-prison sentence and probation after his release.

Investigation underway in Navajo Nation Toxic Spill

jnardizzi — 2017-01-01T23:16:05-05:00

Last month, the Navajo Nation demanded the federal government pay $162 million to cover damages caused by the Gold King Mine spill. Citing the Federal Tort Claims Act, the nation said the toxic spill turned the San Juan River sickly orange color and continues to disrupt ranchers and farmers in the Native American nation. The toxic spill is believed to contain heavy metals, including arsenic, mercury and lead.

Private investigators are often called upon in these cases to document the damages via extensive witness interviews as well as determine causation. Environmental cases are massive undertakings, with fact-gathering requiring the identification of witnesses at multiple properties over the course of decades. The spill is just the latest affront to the burgeoning Native American environmental movement.

“The spill disrupted the Navajo Nation’s economy and damaged the people and environment in numerous ways,” the nation said in the claim letter. “It fundamentally altered economic, cultural, ceremonial and spiritual practices that support the Navajo way of life.”

The EPA allegedly had documented signs of trouble for many years, but did nothing to prevent the blowout.

Nardizzi interviewed by The Cheat Sheet on "Love and Money: 6 Signs of Financial Abuse You Shouldn’t Ignore"

jnardizzi — 2016-11-23T12:35:42-05:00

The Cheat Sheet checked in with John Nardizzi on Love and Money and signs of financial fraud and abuse:

'Private investigator John Nardizzi, founder of Nardizzi & Associates, said vulnerable, trusting people are highly susceptible to falling prey to this behavior. “Isolation is a key sign: a con man (or woman) slides into the orbit of someone’s life and suddenly is in charge of that person’s finances. Elderly people who live alone and do not have family around are vulnerable…"'

Predatory publishers list

jnardizzi — 2016-11-14T17:14:27-05:00

A list of questionable, scholarly, open-access publishers, also known as “predatory publishers” is listed here: www.scholarlyoa.com is run by Mr. Jeffrey Beall, a librarian at Auraria Library, University of Colorado Denver.

The list this year includes 923 publishers, an increase of 230 over last year. Numerous “expert” witnesses have taken left hooks and straight jabs to their reputations for publishing in these kinds of journals, which often have no peer review, no identifiable editor. They do, however, often feature frequent use of the word “International”.

Trying to find an old Boston, Suffolk County MA court case?

jnardizzi — 2016-10-18T11:03:30-04:00

If you have a case number from a Boston, Suffolk County case but are not sure where it might be found, the first set of numbers contains a trial court code. Check this site to locate the correct district court that heard the case. For example, a case number 8905 - CR-1091 would be filed in the year 1989, in courthouse “05” which corresponds to East Boston.

After reviewing your case, stop over at Santarpios for the best Italian thin crust pizza.

Takeout orders come right from the kitchen door on Chelsea St. Look for the tomato cans.

Other Massachusetts Superior, District, Probate & Juvenile Courts are listed here too, but Boston cases cause the most confusion because of the consolidation of the district courts under the Boston Municipal Court system. BMC Central covers downtown Boston & Beacon Hill.

Reading faces, detecting lies? Not quite...

jnardizzi — 2016-10-14T22:46:09-04:00

Paul Ekman's decades of research are the backbone of the Facial Action Coding System. Ekman's books and videos explain that reading facial expressions does not automatically reveal a liar. Microexpressions may be a sign of subterranean emotions, but there is no expression that automatically signals deception.

NLP eye movement & lie detecting: Everything you know is wrong

jnardizzi — 2016-10-14T22:20:59-04:00

A surefire way to detect a liar is to watch the eyes move, right? You have seen this claim in books, movies, cable TV shows, blogs, etc. When someone looks up and to the left , they are accessing a visual memory. Lee Child even has Jack Reacher doing this in one of his books.

One problem: research shows it doesn't work. Even the FBI has come around to this way of thinking.

“Twenty-three out of 24 peer-reviewed studies published in scientific journals reporting ex-periments on eye behavior as an indicator of lying have rejected this hypothesis.”

Last man/woman standing in writing contest

jnardizzi — 2016-10-13T21:48:45-04:00

John Nardizzi’s “Chasing the Ghost” wins Pursuit Magazine Criminal Defense writing contest.

“A private investigator’s work retains a lost simplicity. You knock, they talk. Or they don’t." https://t.co/t1MWE9yfc4 via @AuthorPI
— Pursuit Magazine (@PursuitMag) September 21, 2016

#BahamasLeaks</a- “We are publishing this information as a public service”

jnardizzi — 2016-10-13T21:47:27-04:00

#BahamasLeaks “We are publishing this information as a public service” says @ICIJorg's @RyleGerard https://t.co/JRWrMYlMxH
— Naomi Fowler (@Naomi_Fowler) September 21, 2016

Background Check Myths - The National Criminal Check

jnardizzi — 2016-02-09T20:55:46-05:00

Every investigator gets phone calls from this person. The tone excited, the tenor demanding. How can you, dear sir, charge so much when other firms offer "national criminal record checks" for $24.95?

Time to review Fantastic Beasts of Background Myths: what constitutes a “national criminal check” or “nationwide criminal background check” as the product is often described.

The national criminal check is the hippogriff of the industry, a complete myth. Usually, the firm offering this search is checking a compilation of conviction data--people who actually were sentenced to prison. However, only a very small percentage of people charged with crimes ever do any prison time. National offender databases are misleading: they miss charges that have been pled out, dismissed, not prosecuted (Nolle prosequ, the legal term of art meaning the prosecutor is unwilling to pursue the case).

Everyone is familiar with scenes from movies where a law enforcement agent runs a quick database check and gets an entire criminal history in seconds. In real life, things tend to be a bit more convoluted.

One database used by law enforcement is the National Crime Information Center (NCIC) and it is typically limited only to law enforcement. And even NCIC data is riddled with gaps, with as many as 50% of all criminal cases failing to hit the database. So how do you proceed to check a person for crimes committed across 50 states in the USA?

Convictions data is a start but we always go back to the primary sources of criminal records: the state court system. On the state side, this means searching a higher court (Superior Court) that handles major crimes in a particular county, as well as lower courts with more limited jurisdiction. These courts are called district courts or municipal courts. Don’t make the mistake of skipping this step as district courts can hear cases involving serious criminal matters; for example in Massachusetts, some felony cases are found in district court.

And on the federal side, you will be checking for criminal cases in the national PACER system.

So just beware when you are scanning someone for a criminal history: to do it right, the investigator will probably need to leave the office and pull some paper records. A thorough investigation will take more than just a database search.

Client freed after 3 decades in prison

jnardizzi — 2014-07-29T11:33:58-04:00

In July 2014, client Victor Rosario was freed after spending 32 years behind bars for a 1982 arson fire that killed eight people. A Middlesex Superior Court judge overturned Victor Rosario's one arson and eight murder convictions based on advances in arson forensics as well as major errors in the handling of the investigation, including interviews done with witnesses and Rosario himself.

Lawyer liable for Ponzi scheme of client?

jnardizzi — 2014-05-09T19:33:39-04:00

A MA Superior Court judge has ruled that the law firm Holland & Knight could not be sued by investors for failing to ensure that one of their clients followed their legal advice (the client ignored his lawyers and proceeded to defraud the investors in a Ponzi scheme--not exactly in keeping with counsel’s advice).

Holding here in essence: lawyers are not mothers and will not be held liable for failing to scold and nag until the job is done well.

MA high court: high court rules warrant needed for cell phone search

jnardizzi — 2014-02-24T16:11:18-05:00

In an interesting cell phone data privacy case, the Supreme Judicial Court of Massachusetts held that law enforcement must obtain a warrant before using a suspect's cell phone data to track his movements via GPS. SJC held a warrantless search violated Article 14 of the Massachusetts Constitution, which bars unreasonable searches and seizures.

The plaintiff in the case, Shabazz Augustine, was a suspect in a 2004 homicide of his girlfriend. Police obtained his cell phone records from Sprint that showed what towers were used as he traveled in Boston. Police relied on a federal law that only requires “information to be relevant to an investigation” in order to get the data, as opposed to requesting a search warrant (and having a judge find probable cause regarding the target’s involvement in the case).

Practically speaking, the case is somewhat dated: police in most criminal cases now request warrants for such data anyway.

Did JPMorgan Chase know Madoff ran Ponzi scheme?

jnardizzi — 2014-02-23T20:57:00-05:00

A lawsuit filed in federal court in Manhattan last week on behalf of shareholders alleges Chief Executive Jamie Dimon and 12 other current / former executives and directors were aware of the Bernie Madoff Ponzi scheme:

“The lawsuit said JPMorgan examined reports that Madoff was required to produce on the late Norman Levy, a former client of JPMorgan and Madoff, and that the reports gave the impression that Madoff was not investing Levy's money or lending him money on margin. Shipley and Lipp would meet Madoff for lunch from the 1990s through the 2000s, frequently along with Levy, and raise their concerns, the complaint said. But in the end, the bank was "petrified" of losing business from Levy, "an extremely important, preferred top-tier client" of its private banking unit, the complaint added.”

Google: we will invade your privacy

jnardizzi — 2013-08-14T11:13:03-04:00

In a blunt admission in a brief filed recently in federal court, lawyers for Google said people have no expectation of privacy when they send messages to a Gmail account.

Google’s brief said: “Just as a sender of a letter to a business colleague cannot be surprised that the recipient’s assistant opens the letter, people who use web-based email today cannot be surprised if their emails are processed by the recipient’s [email provider] in the course of delivery. Indeed, ‘a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.’

A highly redacted version of the complaint was filed publicly.
http://www.consumerwatchdog.org/resources/googlemotion061313.pdf

Privacy and NSA's three hop query

jnardizzi — 2013-08-12T09:15:08-04:00

President Obama continues to talk reform after pervasive and ongoing criticism of the bulk surveillance of U.S. citizens revealed by Edward Snowden. One of the more interesting points is the creation of a public advocate who would defend a citizens’s right to privacy in the court. Yet the administration’s defense of the current system, where supposedly limited information is seized--the widely discussed “three hop query”--ignores a basic tenet of investigative research: data trees allow the identification of millions of people in a 2-3 hop query.

Facebook leaked data all over internet--including non-users

jnardizzi — 2013-04-12T19:10:23-04:00

Security researchers who revealed Facebook's shadow profiles vulnerability are claiming that Facebook leaked massive amounts of data, including private phone numbers and other personal data--despite what Facebook told its users.

Facebook had announced the fix of a bug that inadvertently exposed the private information of over six million Facebook users. In addition, Facebook apparently is collected non-user phone numbers and email addresses and then matched the data to people. Here is the technical explanation of how data gets merged over several sets of databases, and unique links are discovered.

Knowing the information industry, I expect that this data will be for sale very shortly.

The write investment: author wins millions from advisor

jnardizzi — 2013-02-19T14:39:30-05:00

Mystery author Patricia Cornwell won $50.9m from financial advisor Anchin, Block & Anchin LLP. We have investigated these cases before for financial services clientele, usually focusing on claims of negligent trading and breach of fiduciary duty (and whether the client is getting trading tips elsewhere and acting on them). These cases often stem from the discrepancy between the signed documents that spell out a client’s investment goals, and trading done in later years that might diverge from that plan. A wise advisor should make sure they amply document the client’s goals, and consent to trades.

Use of lies and deception during interrogations

jnardizzi — 2013-01-30T12:53:57-05:00

The Reid Interview folks offer some thoughts on using deception during interrogations. The article cites case law such as Frazier v. Cupp, 394 U.S. 731 (1969) (which holds the use of deception must be considered within the totality of circumstances when deciding the admissibility of a confession) and Cayward v. Fl., 552 So 2nd 971 (1989) (which compares and contrasts manufacturing evidence and false verbal assertions).

Some recent research of how innocent people may confess to crimes they did not commit makes this an area worth close monitoring, and points to the problems of allowing deceptive practices to be used in an interview of a witness or suspect.

Federal prosecutors and abuse of power

jnardizzi — 2013-01-18T08:40:51-05:00

The news is filled with frantic claims of abuses by federal prosecutor Carmen Ortiz in the Aaron Swartz case. Some more measured claims are made by retired judge Nancy Gertner.

Now, many privacy and security experts are demanding that Congress rein in prosecutors from overcharging defendants under new federal statutes that allow them to inject steroids into minor charges and blow them into major felonies. But the inquiries into the federal justice system should not stop there.

In December 2012, USA TODAY reexamined some of the conclusions of a 1990’s PBS Frontline investigation that shone a spotlight into the dark corners of the snitch system, where federal agents offer deals to prisoners in exchange for information. Both inquiries show that the government regularly pays witnesses to testify--a concept that instinctively seems immoral and wrong to most people. Paying for information is a blatant perversion of justice and leads to lazy and careless work by federal law enforcement.

~ Our office has defended cases where a few hours of research completely debunked the information provided by another inmate--claims that seemingly were accepted by federal agents without any vetting.

~ The rewards paid to informants can include cash, airfare and new housing. Sometimes, the amount paid for information can approach $250,000 or more.

This system of paying witnesses for false information is a cancer in our democracy. Let us now eradicate it.

MA high court: no privacy in recent call list

jnardizzi — 2012-12-05T14:06:59-05:00

The Massachusetts Supreme Judicial Court ruled that police do not need a warrant to search the cell phone call history of a person arrested in connection with a crime. The court ruled that police have long been allowed under the Constitution to search for evidence of a crime on the person and their belongings when the person is in custody.

“The limited search of the recent call list on the defendant’s cellular telephone was permissible under both the Fourth Amendment and [Article 14]’’ of the state’s Declaration of Rights...” The list of calls made from a cell phone therefore has no expectation of privacy in that setting.

The court specifically left open the question of whether, if the phone seized had capabilities of storing text messages, emails, browser histories and photographs, those data troves are also searchable without a warrant: “We do not suggest that the assessment necessarily would be the same on different facts, or in relation to a different type of intrusion into a more complex cellular telephone or other information storage device.’’

Other state courts have gone the other way on this question and a Supreme Court ruling will be needed to clarify the growing murk. The Mass. case is COMMONWEALTH vs. Demetrius A. PHIFER. SJC-11242 and full text is found here

Body language and lie detection

jnardizzi — 2012-11-01T21:22:28-04:00

Here at the office, the staff has become quite adept at looking into people’s eyes and telling when they are lying. Not the sort of thing that makes you popular at parties, and poker games tend to devolve into bloodbaths, but lie detection comes in handy in the detective business.

The Center for Nonverbal Studies Gestures in Spokane WA has compiled a dictionary of Signs & Body Language Cues to get you started. Final exam will be reading the face of Bill Belichick.

Subpoena to Google, Yahoo and others

jnardizzi — 2012-10-14T20:46:33-04:00

As we field more calls on electronic discovery, recall that federal law prohibits electronic communication services from disclosing “contents of a communication” [18 USC § 2702] which most courts deem to be the text of the email or text message. Facebook, Myspace, Twitter and Linkedln as well as email providers such as Gmail, Yahoo and Hotmail all fall in the this category.

A criminal subpoena may get you even the content of messages (and we get this material either from the electronic communication service providers -- or from the prosecutor) . However in a civil case, you can subpoena only basic information such as the name of the user of the account and other identifiers.

A court in Connecticut also explored a new avenue: divorcing parties may be ordered to exchange Facebook and dating site login and passwords.

Crime fiction Telegraph Hill is released

jnardizzi — 2012-09-26T11:58:04-04:00

Delighted to announce my crime novel, Telegraph Hill, was selected to be one of the featured books in the launch of www.libboo.com, a new eBook publishing venture.
Book reviews are here.

If you enjoy noir crime novels in the vein of Dennis Lehane, James Lee Burke, and Raymond Chandler, feel free to stop by and take advantage of special pricing-- all for less than a mocha coffee, or 2 beers at your local dive bar. You can also preview it with a free download.

Subpoenas and court orders to Facebook

jnardizzi — 2012-09-07T13:55:07-04:00

We continue to get questions on what records can be obtained by subpoena or court order to Facebook. Generally, only a criminal case subpoena or court order will result in Facebook complying. In that case, we have seen all kinds of data turned over: photos, wall posts, photos uploaded to a page, lists of Facebook friends. Perhaps most intriguing and helpful is login and IP address data--which can be linked to physical addresses in some other private databases that we (and most PIs) subscribe.

Note that while these subpoena’s are most often sent by law enforcement, a defendant is entitled to the same data (just not in expedited fashion like an on-going investigation might require).

According to Facebook’s Law Enforcement and Third-Party Matters (not easily found on the site, in Facebook’s typical sloppy manner): “Federal law prohibits Facebook from disclosing user content (such as messages, timeline posts, photos, etc.) in response to a civil subpoena. Specifically, the Stored Communications Act, 18 U.S.C. § 2701 et seq., prohibits Facebook from disclosing the contents of an account to any non-governmental entity pursuant to a subpoena or court order.”

Massachusetts medical malpractice

jnardizzi — 2012-08-27T08:23:54-04:00

The state of Massachusetts recently passed a health care bill that has an intriguing medical malpractice angle: the disclosure, apology and offer clause, which prompts health care providers to give information to patients about medical errors in a timely manner and offers a timeframe for an apology and offer of damages. An apology has been shown to be an incredibly important part to a process that too often lacks any emotional depth. One intriguing section in the bill might be an area for future litigation: a doctor's (or hospital’s) apology is inadmissible in future court proceedings unless the doctor says something later that contradicts the apology.

Wrongful convictions and Chicago Police-

jnardizzi — 2012-06-21T11:03:08-04:00

Good piece on National Registry of Exonerations report that shows Cook County, Illinois leads the nation in documented wrongful convictions. The great majority of those cases -- 67 since 1986 -- were handled by the Chicago Police Department.

As the article notes, “That’s a number to be ashamed of. There are 67 cases in which the Chicago Police collected "evidence" of serious wrongdoing against a person who turned out to be innocent....More shocking still is this fact: the Chicago Police Department has never conducted an investigation, filed disciplinary charges or imposed discipline on a single police officer for negligence or any other form of wrongdoing in a single one of these cases. (Chief) Gerry McCarthy and his predecessors just don't care.”

Misguided CORI reform

jnardizzi — 2012-05-07T10:27:22-04:00

Massachusetts today unveiled its new iCORI system for criminal background data. According to the Boston Globe, some community groups want to cut off access to this data, citing problems with investigators who go to courthouses and obtain original records with additional information about the crimes.

These groups are attacking the very procedures recommended under federal law and by industry experts to avoid mistakes in background checks. In effect they want to ban users of iCORi who search out original documents. In effect, they want to forced employers to act on a dry sparse records for fear that, say details about, say a habitual offender who seems to prey on women, should come to light.

Forensic experts: a pervasive lack of national standards

jnardizzi — 2012-04-19T09:26:18-04:00

This article sums up the problem with the lack of national standards for forensic experts. While organizations like American College of Forensic Examiners International Inc. purport to test forensic experts, according to the article many of these “colleges” award certificates after testers take brief online examinations--sometimes written by people with no background in the field: According to the article:

“Other former employees said it was routine for low-level staffers to write exams for ACFEI and its related organizations based on textbooks in subject areas in which they had no expertise.

Tania Miller worked for six months as chief association officer for the American Psychotherapy Association, an ACFEI sister group, beginning in fall 2010. A few weeks into her job, she said, she was asked to author an exam to certify forensic counselors. Miller's background was in marketing and graphic design. She said she declined to write the exam. ACFEI did not respond to questions about Miller.”

This situation highlights why competent lawyers always conduct a full background examination of any expert, testing credentials, no matter how old.

Client acquitted in Mattapan case

jnardizzi — 2012-03-22T14:47:00-04:00

Acquittal in murder case: After 15 months of intensive defense investigation, a jury found our client not guilty on all charges in the murders of four people, including a two-year-old boy and his mother, during a robbery in September 2010. The Boston Globe and Boston Herald reported on the intense pressure facing families of both the victims and accused during the 6 week trial.

The defense investigation focused on the role of Kimani Washington, a career criminal whose story about participating in the armed robbery but leaving the scene before the murders, never made sense to most court observers. Eyewitness accounts described a silver/gray SUV with blue license plate driven by a bald headed man racing from the scene -- a match to Kimani and a Ford Edge he stole from a victim. Moreover, Kimani’s story changed repeatedly. Evidence showed he held a grudge against his cousin Edward Washington and had slashed his face with a cane--a stark contrast to his description of their relationship as “beautiful”. Defense lawyers Jack Cunha and Helen Holcomb were able to use the evidence to thoroughly impeach Kimani at trial. They also pointed to mistakes such as the Boston Police arresting Kimani just a few hours after the murders, holding keys to a silver SUV--but incredibly, failing to test him for gunpowder residue. Photos of the SUV were taken by some of the police-controlled security cameras dotting Mattapan, but they were not preserved by police.

Kimani later fled to New Hampshire where he was arrested. This case illustrated most graphically the problem with rewarding a cooperating witness of Kimani’s ilk with a deal that cut decades off a prison sentence for murder, if he had faced a jury.

Reduce your Massachusetts alimony payments

jnardizzi — 2012-03-08T10:24:31-05:00

Massachusetts reputation as the only state where alimony never ends is over as of March 1, 2012. The Massachusetts Alimony Reform Act has addressed the issue of changing financial circumstances, and places time limits on payments.

Judges can now reduce or terminate alimony to your ex-spouse if he / she is living with another person and receiving financial support from that person.

Cohabiting is defined as keeping a common household with another person for a continuous period of at least 3 months. The law does not limit co-habitation to sexual relationships. Reinstatement of alimony is possible if cohabitation ends however.

If you need evidence to prove that your ex-spouse is living with someone, supporting them financially, paying rent and groceries, then we can help. Ensure that you pay only your fair share. Call us for further details.

Court conducts own review of video evidence

jnardizzi — 2012-01-06T11:13:58-05:00

In an unusual appellate decision, a Massachusetts court evaluated how much weight can be given to inconclusive and sporadic surveillance video of a claimant. In Maher v Massachusetts General Hospital Long Term Disability Plan, the 1st Circuit Court of Appeals weighed the video evidence in comparison to the number of days of surveillance to find for a disability claimant.

Video evidence showed the claimant employee driving, walking, jogging, lifting a child, and even flying a kite. Unusual for an appellate decision, the judges delved into the fact investigation, noting: “On 10 of the 19 days of surveillance, plaintiff Maher engaged in no activity.” The court found that “In over 90 minutes of surveillance, the most damning evidence the MGH Plan can identify is 15 minutes during which Maher carried a bucket or pot and 30 minutes during which Maher played with her 3 year old son in the park.”

The plan administrator viewed the evidence as showing what doctors had previously concluded: the claimant was not totally disabled. But the court was not convinced: “ Thus most of the surveillance, far from contradicting Maher's disability, seems to confirm her lifestyle as generally housebound with occasional, limited activity.”

Interestingly, the court did not reinstate disability benefits, but instead returned the case to the administrator for further evaluation. Defendant’s attorney noted that three different review boards had found the video evidence did not show the employee met the definition of disability.

Facebook downgrades privacy policy

jnardizzi — 2011-12-18T15:05:28-05:00

Background checks are getting easier everyday. Without getting customer consent, and following a decision by the Federal Trade Commission finding that the company had engaged in "unfair and deceptive" trade practices, Facebook announced today that it would make old posts available--even if archived. The FTC had found many instances where Facebook made profile information that a user chose to restrict to “Only Friends” or “Friends of Friends” accessible to any Platform Applications that the user’s Friends had used. More here.

Restyled federal rules of evidence

jnardizzi — 2011-12-08T20:48:49-05:00

Seeking to avoid the new Coke marketing fiasco of the 1980s, the feds are rolling out the clarification in terms as a “restyled” FRE. Not new, just better. Enjoy a sip from the folks at Federal Evidence Review.

Investigation New England Patriots defensive rankings

jnardizzi — 2011-11-30T21:31:00-05:00

Crack research staff here at Nardizzi Inc took a break from murders, frauds, infringing websites and sexual harassers to examine the 2001 Patriot (aka Marshall Faulk-killing) team, which won the Super Bowl over the Rams. That team was ranked:

24th in total yards defense.
6th in scoring defense.

Oddly enough the offense had similar ranks: 6th in scoring, 19th in yards.
Point differential was 99.

This year the Patriot defense is:

32nd in total yards defense.
10th in scoring defense.

Offense is 4th scoring, 2nd yards
Point differential is 90.

Scent of a Super Bowl lingers in the winter air...

* 2011 team however no longer employs one Antwan Harris, who combined in the greatest backyard football play ever, taking a lateral from Troy Brown after Brown blocked a Steeler field goal attempt. Harris ran 49 yards for a touchdown in the 2001 AFC Championship game, sending waves of Steeler fans into an icy depression (and spiking a notable increase in the Pittsburgh crime rate as well).
Courtesy of the research staff...

Doctor complains; federal agency cripples public database

jnardizzi — 2011-11-10T11:23:25-05:00

Interesting story about a database run by U.S. Department of Health and Human Services that maintains discipline and medical-malpractice information. Diligent journalists and investigators could reference the database and, via other sources, sometimes identify doctors with long histories of being sued or disciplined for medical malpractice. Neurosurgeon Robert T. Tenny of Overland Park, Kansas was identified in this manner. His complaints led to the database being shut down for a time, only to be relaunched --with users required to promise not to link information in the database with publicly available information, like court files. Congress is now looking at the agency’s role in restricting speech and use of public data.

No right of privacy in IP case

jnardizzi — 2011-11-09T21:22:27-05:00

Judge Young in Liberty Media Holdings, LLC v. Swarm Sharing Hash File & Does 1 through 38, held "the constitutional presumption of openness of judicial proceedings" trumps the privacy claims of defendants, who swarmed to illegally download and distribute gay pornography. The film (with the winsome title “Corbin Fisher Amateur College Men Down on the Farm”) was downloaded illegally; the IP addresses of the downloaders was used to track and identify them. Young did leave an opening for defendants: “Nevertheless, should individual defendants be concerned about being publicly 'outed' as discovery proceeds, the Court will entertain those arguments on an individual basis.”

FBI Stingray can track cell phones

jnardizzi — 2011-10-09T14:17:34-04:00

The FBI pursued a man they called “the Hacker.” Using a cellphone-tracking device called Stingray, they focused on a California home and arrested the man. Stingrays can locate a mobile phone even when it’s not being used to make a call.

Oddly enough, a price list for Harris Corporation wireless surveillance products including Stingray was published on the website of the City of Miami. Cost is only $75,100.

Former SEC counsel Becker says ethics officer cleared him

jnardizzi — 2011-09-24T20:35:33-04:00

Former Securities and Exchange Commission General Counsel David Becker has been criticized for making decisions on how victims of Madoff’s Ponzi scheme would recover assets because his family once had investment with Madoff’s firm. However, Becker said he disclosed the possible conflict of interest to the SEC chairman as well as the regulator’s ethics officer. Both cleared him to participate in the Madoff matter.

Glik wins; right to record police upheld in 1st Circuit

jnardizzi — 2011-09-08T09:35:50-04:00

The Glik case has been resolved resoundingly in favor of the First Amendment right to publicly to record the activities of police officers on public business anywhere in the First Circuit. One quote summarizes the case best: "Glik filmed the defendant police officers in the Boston Common, the oldest city park in the United States and the apotheosis of a public forum. In such traditional public spaces, the rights of the state to limit the exercise of First Amendment activity are 'sharply circumscribed.'"

On the MA wiretap law banning secret recordings, the court wrote: “The presence of probable cause was not even arguable here. ... For the reasons we have discussed, we see no basis in the law for a reasonable officer to conclude that such a conspicuous act of recording was 'secret' merely because the officer did not have actual knowledge of whether audio was being recorded.”

Beyond Bars: Dennis Maher moves on

jnardizzi — 2011-09-01T13:42:17-04:00

In a Boston Globe piece, Dennis Maher has moved beyond the wrongful conviction that took prime years from his freedom. “I got over losing the 19 years of my life,’’ says Maher, 50, in an even tone. “I don’t try and make up for it because I can’t. The best that I can do is just go forward. Don’t hold the anger.’’

In addition to his job at Waste Management, where he started working one month after his release, Maher speaks publicly at conferences and other events involved with wrongful convictions and the importance of access to DNA testing. “It’s part of the healing process,’’ says Maher. “I enjoy it.’’

Setting witnesses at ease: one question to avoid

jnardizzi — 2011-08-10T23:21:58-04:00

A former cop turned PI introduced himself to a witness during an interview. Case involved a contract dispute in the business session in Suffolk Superior Court. Within 10 second of the introduction, he said: “I’ve been doing this for a while so let’s start from the top: what is your Social Security Number?”

Asking someone a question like that does not make them feel warm and secure. A question like that makes people shut down. It suggests that the questioner is a clueless conversationalist or a creepy stalker. Not sure when the trend began for opening with such questions (“Nice to meet you. How big is your pancreas?”). But stop it. Now.

Chinese reverse mergers a growing problem

jnardizzi — 2011-07-26T20:53:51-04:00

The number of lawsuits against Chinese reverse merger companies nearly tripled since 2010, according to a study by Stanford Law School Securities Class Action Clearinghouse and Cornerstone Research. "Securities Class Action Filings: 2011 Mid-Year Assessment," reports that 24 class action lawsuits were filed against Chinese reverse merger companies in 2011. Reverse mergers work as follows: a Chinese business is acquired by an American shell company that is publicly traded. The board then resigns, a Chinese-appointed board takes control and changes the company name. Voila: it now can issue new stock to investors, all without IPO costs and paperwork.

Bimbo Bakeries crumbles opposition in trade secret case

jnardizzi — 2010-09-03T14:15:34-04:00

A recent PA case, Bimbo Bakeries v. Botticella, the Third Circuit held that if the facts show a “substantial threat” of misappropriation, an employer may be able to obstruct mobility of former employees -- even in the absence of a non-compete agreement.

Botticella was a senior executive at Bimbo Bakeries, the maker of Thomas’, Entenmann’s, and Boboli brands. He was se to move to a competitor, Hostess. While he had signed an agreement to never disclose Bimbo’s proprietary information, he had not signed a non-compete. Nonetheless, despite the public interest in employees' freedom to work where they please, the court held that Bimbo could stop Botticella from working in light of evidence that he was copying files from his laptop to external devices prior to leaving Bimbo (he claimed he did so only to practice his computer skills; the court squashed this cupcake argument).

Thus if a solid forensic and background investigation shows a “substantial threat” of misappropriation, the employee is left with crumbs.

SJC melts old snow/ice accumulation standard

jnardizzi — 2010-08-13T17:33:28-04:00

The SJC in Papadopoulos v. Target Corp abandoned the bizarre Mass. distinction between "natural and unnatural accumulations of snow and ice" which had constituted an exception to the general rule of premises liability that a property owner owes a duty to all lawful visitors to use reasonable care.

The new standard: "We now will apply to hazards arising from snow and ice the same obligation that a property owner owes to lawful visitors as to all other hazards: a duty to act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk. … If a property owner knows or reasonably should know of a dangerous condition on its property, whether arising from an accumulation of snow or ice, or rust on a railing, or a discarded banana peel, the property owner owes a duty to lawful visitors to make reasonable efforts to protect lawful visitors against the danger.

Bottom line: start shoveling.

Governor Patrick signs CORI Reform

jnardizzi — 2010-08-06T23:42:41-04:00

The new Criminal Offender Record Information law (CORI) prohibits employers from asking on an “initial written application form” about an applicant’s “criminal offender record information,” which includes information about criminal charges, arrests, and incarcerations. The term “initial written application" in the new text may allow employers to continue to question applicants about felony and certain misdemeanor convictions later in the process. Moreover, the law does not address classic court docket research conducted by investigators.

1982 Lowell arson conviction may be reconsidered

jnardizzi — 2010-06-27T15:17:21-04:00

The Boston Globe did a piece on flaws in an arson investigation that led to the conviction of N&A INC client Victor Rosario. An appeal is being filed.

Real CORI reform

jnardizzi — 2010-05-21T15:48:00-04:00

The movement to "reform" CORI by making record sealing easier and restricting public access sounds wonderful. But it ignores the fundamental problem with the database. Those who know public records in Massachusetts understand that CORI--which has never been accessible in full by the public except to those who order their own report--has always been a misleading source of criminal record data. CORI can be difficult to understand and does not contain any case background information. Moreover, it is based on records that have been considered public for decades. A federal judge came close in one case to overturning the CORI law by deeming the information to be essentially computerized records of court dockets, which have traditionally been open public records.

Instead of telling businesses how to hire, we should allow businesses to gather as much information as they deem necessary--many of them routinely make better judgments than elected officials. More to the point: businesses will continue to hire investigators to check public court documents to gather the information they need to run their businesses.

FINRA BrokerCheck fixes gaping hole in database.

jnardizzi — 2009-12-23T16:01:44-05:00

Our tests show that changes to FINRA's Brokercheck have finally closed a major loophole in a database long criticized as outdated and difficult to use (previous editions were cumbersome: for example, users were required --in an era when name searches are the norm on almost any database--to specify past employers for a broker before checking their background; otherwise the search did not work).

Some estimate that more than 15,000 individuals who left the securities industry after facing regulatory action did not have their disciplinary history available on BrokerCheck. Those records became available this month. Many of those former brokers returned to the business world in different capacities and, like stock market vampires, found new victims. Repeated scandals in 2009 finally forced the industry to make this necessary change.

$3.1 million settlement for client in Ayer wrongful conviction

jnardizzi — 2009-09-05T21:48:06-04:00

Dennis Maher reached a $3.1 million settlement in his civil rights case against the town of Ayer. Maher was released from prison in April 2003 after having served 19 years of a life sentence for rape. He was exonerated when forensic tests revealed his genetic fingerprint did not match DNA evidence found at the scene of an alleged 1983 Ayer rape at the Caza Manor Hotel. Maher claimed his civil rights were violated due to the negligent management and training of Ayer Police Department investigators, including now-retired Officer Nancy Taylor-Harris.

Maher's civil case was based partly on evidence unearthed by private investigator John Nardizzi, who discovered that one of the alleged rape victims had faced criminal assault charges of her own during that era. These charges were dropped in exchange for her cooperation on the Maher case. Defense counsel was never told about the arrangement that Taylor and the Ayer Police had engineered with the victim/witness. The witness's criminal charge was transfered to another court and essentially disappeared from the public docket, only to be unearthed two decades later. The prosecutor who handled the Maher case later testified at his deposition: "Officer Taylor, in my opinion, engaged in misconduct by working some side arrangement with the victim not to prosecute her for a criminal case against the police department, and withheld that information from me."

Nardizzi also unearthed evidence that a key witness at trial, Richard Nichols, was well-known to Ayer Police and Nancy Taylor (who denied any memory of him in her deposition). Nichols was the son of a former police matron employed for decades at the Ayer Police Department. Moreover, Nichols had been arrested multiple times. Ayer Police were not able to produce any notes, reports, or statements from interviews with Nichols, despite the fact that a meeting between Nichols and Taylor was documented in a police log, and Nichols turned out to be the centerpiece of their case.

Court of Appeals Reverses Conviction of client Michael O'Laughlin

jnardizzi — 2009-06-11T18:02:58-04:00

In a rare decision upholding a lower court decision overturning a jury verdict, the 1st Circuit Court of Appeals overturned the Massachusetts Supreme Judicial Court [SJC] in the murder case of client Michael O'Laughlin. Citing the "the extremely high bar " in such instances, the court found in part: "Taken together, the circumstantial evidence in this case, even when drawing all reasonable inferences in favor of the prosecution, does not permit any rational jury to conclude that O'Laughlin was the assailant beyond a reasonable doubt." The opinion is notable for its thorough parsing--and ultimate rejection-- of the consciousness of guilt evidence cited by the SJC.

The court summed up the case as follows:

"A Massachusetts Superior Court jury had convicted O'Laughlin of the following counts: (1) burglary and armed assault in a dwelling; (2) armed assault in a dwelling; (3) armed assault with intent to murder; and(4) assault and battery by means of a dangerous weapon. The Superior Court then sentenced O'Laughlin to 35-50 years on Counts One and Two; 19-20 years on Count 3; and 9-10 years on Count 4, ruling that the sentences were to be served concurrently.

The intermediate Massachusetts Appeals Court reversed the judgments holding that there was insufficient evidence to support the verdicts. Commonwealth v. O'Laughlin, 830 N.E.2d 222 (Mass. App. Ct. 2005) (hereinafter "O'Laughlin I"). The Massachusetts Supreme Judicial Court ("SJC") reinstated the judgment reasoning that there was sufficient evidence to support the verdicts. Commonwealth v. O'Laughlin, 843 N.E.2d 617 (Mass. 2006) (hereinafter "O'Laughlin II").

O'Laughlin filed a petition for a writ of habeas corpus in the United States District Court for the District of Massachusetts on grounds that (1) the SJC's (which had ruled that was objectively unreasonable because there was insufficient evidence to support a guilty verdict and (2) that the SJC violated his constitutional right to present a defense. The district court denied O'Laughlin's petition for habeas relief.

After careful consideration, we reverse the judgment of the district court and order the district court to grant the petition. "

A full factual recounting of the case is found here. Michael remains in prison pending a state appeal for an en banc hearing by a full panel of 1st Circuit judges.

Client Est. of Kenneth Waters wrongful conviction case will go to trial

jnardizzi — 2009-06-09T15:59:41-04:00

The civil rights case filed by client The Estate of Kenneth Waters will head to trial after a summary judgment motion file by defendants Town of Ayer, Nancy Taylor, et al. was rejected by the trial judge.

Kenneth Waters was wrongfully arrested and convicted. He served 18 years of a life sentence for the 1980 murder and armed robbery of Katharina Brow. Waters was released from prison after DNA evidence had revealed the blood of an unknown person at the murder scene.

Waters complaint alleged that the Ayer Police and Taylor's deliberate bad-faith suppression of favorable evidence led to his conviction – including suppression of evidence that Waters was not the source of the perpetrator’s bloody fingerprint on a piece of a toaster on the dining room floor; as well as suppression of Waters’ time card from work, which cemented his alibi. Taylor was also accused of used coercive and suggestive tactics to manufacture falsely incriminating statements from witnesses Brenda Marsh and Roseanna Perry.