Gait Recognition

1. Gait Recognition • Gait recognition technology is a biometric method -- that is, a unique biological or behavioral identification characteristic, such as a fingerprint or a face • 2002 Georgia Tech • 2009 U.S. Federal Defense Studies • 2009 India

2. Biometric News February 2009 • So far, Facial Recognition, despite its flaws as well, does possess one distinct Advantage over the existing Biometric Technologies-That is, it can scan subjects at a relatively far distance. • But if Gait Recognition proves to be a viable means of Verifying and/or Identifying individuals, it could even surpass Facial Recognition and Iris Recognition, or they could all possibly be used as a pretty extensive Multimodal Security Solution.

3. Biometric Technology • 2013 Review of the literature • Some degree of accuracy from 500 ft. • Multiple corporate/scientific entities worldwide working on perfecting

4. Technology • Facial Recognition Software – price reductions, accessibility, use by LE • Gait Recognition Software – use at airports for known suspects/terrorists • Websites such as www.whosarat.com are potential sources of info • Keep abreast of new websites as sources of impeachment material

5. Investigative Case Management • Budgets for investigation • Time Frame required • Juggling other cases – duty to defendant

6. Investigative Case Management • Attorney and Defendant Contacts • Determine your role and extent of involvement in the case early on

7. Time/Expense Managementin Criminal Defense Cases • Private cases: Budget proposals • Indigent cases: State vs. Federal • In Either Criminal Case: Manage your investigative objectives responsibly • Often difficult to anticipate how an investigation may open up • Don’t waste resources (budget) going down the wrong path

8. Investigation Management • Meeting w/ defense attorney • Meeting w/ defendant • ReviewDiscovery • Discuss evidence against client • Discuss initial theory of defense - subject to change • Request copies of ALL Discovery

9. Investigation Management • Common Errors in Management of case by defense investigator • Under budgeted: establish a budget that accounts for unforeseen work and expenses • Time Commitment to case can be compromised by other cases that come in or existing cases that require more work • Inattention to investigation priorities: for ex. waste time/budget

10. Minimal Budgets • State Court Appointed Cases • CJA Federal Appointed Cases • Investigator as a Team Member of Defense should voice his/her objections • Assist Defense Attorney in Motion language requesting additional budget • Contact other Criminal Defense Attorneys to see if they have motions that you can utilize or modify

11. Extraordinary Budgets • Court: Eric RudolphDefense Cost $4M • September 14,2005 | BIRMINGHAM, Ala. -- Legal fees to defend Eric Rudolph in a deadly Alabama abortion clinic blast and the Atlanta Olympics bombing cost taxpayers more than $4 million before he agreed to plead guilty in a deal that spared his life, court documents show. • One of Rudolph's attorneys said Tuesday the bill would have been far higher had the case gone to trial." That would have probably tripled the cost," said Bill Bowen, part of a team of at least nine lawyers who defended Rudolph.

12. Extraordinary BudgetsUS v Eric Rudolph • Rudolph is serving four life terms after pleading guilty in the Birmingham clinic bombing, which killed a police officer in 1998, and the Olympics bombing, in which a woman died in 1996. • He also pleaded guilty in two other bombings that occurred in Atlanta in 1997. • U.S. Attorney Alice Martin said the government had not computed the total cost of prosecuting Rudolph, who was the subject of an intense manhunt following the Birmingham bombing in 1998 until May 2003, when he was captured in Murphy, N.C.

13. Extraordinary BudgetsUS v Eric Rudolph • The cost of defending Rudolph was disclosed in an order filed last week by U.S. District Judge Lynwood Smith. Attorneys in the Alabama case were paid $2.02 million for representing Rudolph, who declared himself broke and received court-appointed legal representation following his arrest in 2003. • Experts, investigators and others who assisted in the defense were paid another $2.02 million, according to Smith's order.

14. (3) Case Studies 1. United States of America vs. Eric Rudolph (Eastern District of Alabama)

15. Rudolph Defense Team • Massive case with 10 defense investigators • 10 at times up to 12 defense attorneys • 5 Mitigation investigators • Team Defense meetings in Birmingham • Case Vault Security Online Repository for a half million Discovery Documents, investigative reports, photos etc. • Encrypted emails

16. US V. Eric Rudolph

17. US V. Eric Rudolph

18. US V. Eric Rudolph

19. US V. Eric Rudolph

20. US V. Eric Rudolph

21. Case Studies 2. STATE OF FLORIDA VS. SEAN TAYLOR

22. State of Florida v. Sean Taylor • Star Safety: Washington Redskins Charged with Aggravated Assault with a Firearm An Only in Miami type of criminal prosecution Assistant State Attorney in charge of prosecuting the NFL star safety had a side job as a DJ on South Beach. He was known as DJ Esq.

23. When Prosecutors Mess Up! • State of Florida v. Sean Taylor • Star Safety: Washington Redskins Charged with Aggravated Assault with a Firearm Creativity came into play as a young associate just decided to google the prosecutor and came up with information that embarrassed the Miami-Dade County State Attorneys Office and jeopardized their case.

24. State of Florida v. Sean Taylor • TWO LESSONS LEARNED ON THIS CASE: 1. Always do a background check or at least media and social media check on the Prosecutor in your case 2. Always do multiple criminal background checks on State witnesses especially right before trial

25. State of Florida v. Sean Taylor

26. State of Florida v. Sean Taylor

27. State of Florida v. Sean Taylor

28. State of Florida v. Sean Taylor

29. State of Florida v. Sean Taylor

30. Red Washington Post Thursday, April 13, 2006 skins Safety's Attorneys Allege Misconduct; Trial Is Delayed Again MIAMI, April 12 -- The lead prosecutor in the felony assault case against Washington Redskins safety Sean Taylor resigned from the case on Wednesday, hours after the defense alleged he was using it to promote his side career as a Miami Beach disc jockey.

31. Miami Herald News Story: “On a wild day in which Taylor's trial, scheduled to start Monday, was delayed for the sixth time Assistant state attorney Michael Grieco, 30, shut down a personal web site detailing his DJ activities and relinquished his role as lead prosecutor even while his superiors accused Taylor's lawyers of a smear campaign”. State of Florida v. Sean Taylor

32. CASE STUDIES • Commonwealth of the Bahamas vs. Troyniko McNeil

33. BAHAMAS MURDER CASE • DNA exoneration • Murrio Ducille, well respected Defense Attorney • Dr. Martin Tracey FIU retained • Professor to Bahamas DNA expert who had a flawed DNA match • Rare instance of Defense Investigator trumping defense attorney re: discussion on case direction and use of an expert

34. BAHAMAS MURDER CASE • Earlier this week, I had an interesting initiation into the Bahamian criminal justice system. The Bahamas gained their independence in 1973 and previously had been a British Crown Colony. Their political and judicial system is still heavily influenced by Britain. • I have traveled there multiple times on criminal cases and even have met with top police officials on one case involving money laundering; But, I had never attended a court proceeding before.

35. BAHAMAS MURDER CASE • I sat in all day to hear testimony in a murder case trial wherein I am the defense investigator. I was in Supreme Court Number 2, Nassau, Bahamas. The building appears to have been constructed in the late 1800’s. • The jurors, all twelve and alternates are seated on the left side and the prosecuting attorney and his assistants and defense counsel and his assistants sit at dark wood bench style desks in the center.

36. BAHAMAS MURDER CASE • The Court Clerk and his assistant sit at a desk facing out toward the attorneys and audience. All the lawyers wear the traditional British white wigs and black robes with white cravats. The Judge wears a more ornate crimson robe with black vertical sash complete with white wig and is addressed as "Your Lordship" and presides from a raised platform oak desk fifteen to twenty foot long.

37. BAHAMAS MURDER CASE • The defendant sits in the "dock" the traditional box in the center of the courtroom behind defense counsel. The various trial assistants, all wearing similar wigs and attire, sit at desks facing the judge. • I noticed that a prosecution witness, the DNA expert who has testified numerous times in the Bahamas turned toward the bench and bowed as he exited the courtroom.

38. BAHAMAS MURDER CASE • It was interesting to hear the prosecutor continually refer to defense counsel as "My learned friend". It was all so, shall I say “civilized”! • Aside from these trappings and unfamiliar surroundings, there was a common theme, a drama: a young man's future at stake and another's future lost, the 37 year old victim who was an internationally known handbag designer.

39. BAHAMAS MURDER CASE • It is a front page murder case and has captured the public’s interest in Nassau • The prosecution case is weak and hinges on suspect DNA evidence. There is no other evidence to implicate our client in the murder. There were mistakes made in the analysis • The defendant is also alleged to have stabbed the victim (his father's business partner) multiple times while on crutches from a basketball injury.

40. BAHAMAS MURDER CASE Our defendant is a soft-spoken, polite 23 year father of two who says he has no knowledge of the crime. His father, the victim’s business partner was a suspect for a period of time and his DNA blood sample was excluded. Yet, nine months later his son’s sample was taken and was matched to trace DNA evidence at the scene. He had often visited the victim’s residence since his father had lived there for a time. If you know anything about DNA evidence, that should raise a flag in your mind.

41. BAHAMAS MURDER CASE • The case is likely to go to the jury today and I am very hopeful that our client will be exonerated. This is a case where I really believe that our client is innocent!

42. BAHAMAS MURDER CASEFlorida International Univ. BiologistDr. Martin Tracey • “The main point of my testimony was that the defendant lived or often visited the crime scene, so it was not at all surprising to see his DNA mixed in with swabs of blood stains which matched the victim”.

43. BAHAMAS MURDER CASEFlorida International Univ. BiologistDr. Martin Tracey • “His father was excluded, because father and son share 50% of their DNA and over 15 genes that means that the father had only a (1/2) to the 15th power = 1/32,768 chance of matching his son's profile”.

44. Origins DNA Fingerprinting • Britain’s Leicester University • Geneticist Alec Jeffreys • 1975 began his research • Soon recognized the potential for the use of • Repetitive regions of the genome to individual biological fluids

45. Origins DNA Fingerprinting • First High Profile Forensic case covered in Joseph Wambaugh’s book The Blooding • Rape and murder in a small British village of two high school girls • Worker at a mental hospital confessed to one murder • Police sent blood samples of this suspect and victim’s blood to Dr. Jeffrey’s for genetic analysis

46. Origins DNA Fingerprinting • Suspect was exonerated as rapist/murderer who left semen at both scenes since his DNA profile was different from the semen sample takenfrom the victims • Revolutionary: police had the DNA fingerprint of the real rapist/murderer but NOT a name • Problem was there was no DNA database • Samples taken voluntarily from all men in village

47. Origins DNA Fingerprinting • Several thousand samples were obtained • The assailant (Colin Pitchfork) asked a friend to provide a sample for him • Problem was the friend was overheard in a pub discussing the switch • Pitchfork’s sample was later taken and was a perfect match • He later pled guilty to both murders and got a life sentence

48. FORENSIC NEWS 08/14/2013 Forensic Experts Create Cat DNA Database University of Leicester forensic scientists have created the UK’s first cat DNA database — which has already helped convict a killer

49. CAT DNA • Experts in the University’s Department of Genetics have compiled a database of DNA from 152 cats around the country. • The database was used to demonstrate the likelihood that cat hairs found on the dismembered torso of Hampshire man David Guy belonged to “Tinker”, a cat owned by main suspect David Hilder. • This evidence was used as part of the prosecution case leading to the successful conviction of Hilder for manslaughter.

50. CAT DNA •  “This is the first time cat DNA has been used in a criminal trial in the UK. We now hope to publish the database so it can be used in future crime investigations," says Dr. Jon Wetton, who led the project.  • “This could be a real boon for forensic science, as the 10 million cats in the UK are unwittingly tagging the clothes and furnishings in more than a quarter of households.”