Denis M. deVlaming
Presentation: Brady v. Maryland: The Defense Investigator’s Best Friend
NALI 2018 Annual Conference
Friday, June 22 12:15 pm – 1:45 pm
Mr. deVlaming was educated at the Ohio State University where he received a B.A. in Psychology (1969). He graduated from Stetson University College of Law in 1972 with a Juris doctor degree. He accepted an appointment as a Florida Assistant State Attorney where he prosecuted in the Sixth Judicial Circuit from 1972 through 1975. Thereafter, he started his own law practice and has specialized in criminal defense ever since.
Mr. deVlaming is the past president of the Pinellas County Criminal Defense Lawyers Association (1987), the Pinellas County Trial Lawyers Association (1991) and the Clearwater Bar Association (1994-1995). He also served as Chairman of the Criminal Law Section of the Clearwater Bar. He was elected statewide President of the Florida Association of Criminal Defense Lawyers (2002-2003) and is a member of the National Association of Criminal Defense Lawyers. In 2001 he was named senior counsel in The College of Master Advocates and Barristers and in 2010 he was inducted in to the American College of Trial Lawyers. He currently serves as president of First Step, Inc., a non-profit organization dedicated to helping needy men and women who are on probation.
He is Board Certified in criminal law (1988-present) and has been approved by the Florida Bar to give Continuing Legal Education seminars on every aspect of the criminal trial. For over twenty-five years he has been asked to lecture at the Board Certification Seminar for criminal trial law. He has authored over 50 published articles touching upon matters involving criminal law in both state-wide and national magazines. Mr. deVlaming is an adjunct professor at Stetson College of Law in St. Petersburg, Florida teaching “Advanced Criminal Trial Advocacy” and is a past adjunct professor at the University of South Florida. He has also been a guest lecturer for the St. Petersburg College, the “Peoples Law School” in Pinellas County and been asked to speak at the statewide Florida Judicial Conference on criminal law and ethics (Circuit and County), the Florida Public Defender’s Association (trial tactics), the National Association of Criminal Defense Lawyers Annual seminar, the Gerald T. Bennett prosecutor/public defender trial training program at the University of Florida, the National College of DUI Defense held at Harvard law school (2005, 2009, 2014) and “Masters of DUI” held in Miami, Florida (2006). He has also travelled around the state giving a three-hour interactive ethics seminar to the combined offices of the state attorney and public defender. And has written, produced, directed and acted in several mock trials for cable television.
Mr. deVlaming has been inducted into “Who’s Who in American Law” (1989-present) and has been included in the book “Best Lawyers in America” (Naifeh and Smith, 1995-present). He was selected as one of the best criminal defense lawyers in Florida by the Florida Trend magazine (July 2004-6), Florida Monthly magazine (Sept. 2003), the Tampa Bay magazine (1997-present), the Tampa Metro magazine (2003-4) and Florida Super Lawyers magazine (2006-present). The Tampa edition of the Business Review newspaper included him as one of the Gulf Coast’s most influential lawyers (Oct. 2003). The national rating service of attorneys (Martindale-Hubbell) has given him an “A” rating since 1987. He is also listed in that publication’s “Bar Register of Preeminent Lawyers”. His peers have presented him with awards for professionalism and excellence in the field of criminal law by awarding him “The Barney” award (Inns of Court, 1997), “The Hindman” award (Pinellas County Criminal Defense Lawyers, 1998), “The Richard T. Earle” award (voted on by all Pinellas County Florida judges, 1998),“The William Reece Smith” award for professionalism (Stetson College of Law, 2008) and the “Jack Edmund” award (The Herbert G. Goldburg Inn of Court, Tampa 2011). In 2012 he was inducted in to the Stetson College of Law “Hall of Fame” (Florida).
President, Black Swan Digital Forensics
Presentation: Making the Case for Digital Forensics
NALI 2018 Annual Conference
Thursday, June 21 1:45 pm – 2:50 pm
Jim is a seasoned senior executive with 30+ years of combined federal, state, local and business experience. He served as a highly visible state cabinet official and is experienced at creating and leading a multi-dimensional state agency. Having served at the National level as Executive Member, National Governor’s Homeland Security Advisors Committee, Executive Committee, Office of Emergency Communications, US Department of Homeland Security, State, Local, Territorial, Tribal Government Coordinating Council, National Homeland Security Consortium and the state level at Chairman, State Geographic Information Systems Committee , Chairman, Alabama Citizen Corps Council, Chairman, Governor’s Task Force on Military Affairs and Base Realignment and Closure, Chairman, Alabama Interoperable Communications Committee, Member, International City/County Managers Association and Member, Georgia City/County Managers Association – Jim is well qualified to present “Making the Case for Digital Forensics.”
Making the Case for Digital Forensics
By the end of the year 2020 there will be over 30 billion Internet of Things (IoT) products and devices in use containing a treasure trove of digital data and evidence waiting to be extracted and used to tell the digital truth in criminal, civil, and other judicial settings.
Similar to the unique biological DNA each person possesses, digital DNA is just as unique, and is present in so many places, like phones, tablets, on social media, computers, cars, or any connected appliance, like Alexa. No two people share an identical digital footprint, and there is digital information available about each of us if a skilled forensic examiner knows where to look.
Innovative defense attorneys and prosecutors see the “art of the possible” in the digital world. However, much of the legal profession continues to view digital forensics as an anomaly. I fully expect a bow wave of requests and orders seeking digital evidence to become the norm and not the exception in the very near future. Legal Investigators must be prepared and ready to respond when the calls come seeking digital evidence. History will not reward those who fail to consider the utility of digital forensics in our judicial system.
This presentation will address why it is imperative Legal Investigators know the current state of affairs in digital extraction and why they should drive the discussion on digital data with their clients and not vice versa. I will show how innovative and leading-edge investigators are using digital forensics to drive and grow their business.
Presentation: Social Media Discovery, Live Demo of The Dark Web
NALI 2018 Annual Conference
Friday, June 22 9:00 am – 10:30 am
This fast-paced 90-minute lecture is specifically designed for criminal defense investigators who want to know how to conduct safe and effective online discovery. Presenting advanced search techniques live for dark web, this course will introduce anonymity tools to ensure privacy and security – the same tools criminals use to conceal their identity, location, and illegal behavior. You will learn how to efficiently navigate the dark web to utilize it as an investigative professional.
You will learn how to quickly discover key relevant information from Social Media, generate timely and actionable intelligence, and capture and authenticate essential relevant data in your investigations. Participants will also learn how to capture, preserve, and authenticate court admissible evidence in their investigations. By the end of this lecture investigators will have the knowledge to conduct deep and online investigations efficiently and effectively and gather court admissible evidence. This lecture is designed for any investigator. No technical background is required.
Karhrman Ziegenbein is the Founder of Toonari, a provider of technology solutions and managed services that focus on Social Media Discovery, Web Collection and Evidence Authentication.
As part of his role, Karhrman is sharing his expertise, serving as a panelist, speaker, presenter and instructor at conferences throughout the World. In addition, he has served as an expert witness in U.S. federal court and testified in U.S. court proceedings.
Karhrman was born and raised in the Federal Republic of Germany and later served in the military as a combat medic at the Joint Medical Service in the Armed Forces of Germany. He speaks German and English fluently and currently resides in Florida with his family.
Kelli M. Childress
Kane County Public Defender
Presentation: “Seeing is Believing. Or is it? Understanding and Mitigating False Confidence in Witnesses”
NALI Annual Conference
Friday, June 22, 2:00 pm – 3:00 pm
Kelli M. Childress, Kane County Public Defender, has focused her career on criminal litigation. She was previously Deputy Chief of the Lake County Public Defender’s Office, First Assistant of the DeKalb County Public Defender’s Office, a panel attorney for the Office of the State Appellate Defender, a private practitioner, and an Assistant State’s Attorney.
Kelli is a member of the State of Illinois Task Force on Grand Jury Review, a member of the State of Illinois Advisory Council on Alcoholism and Other Drug Dependency, a member of the Board of Directors of the Illinois Public Defender Association, and a member of the Board of Directors of the Illinois Association of Criminal Defense Lawyers and a member of the Board of Visitors of the Northern Illinois University College of Law. She is Chair of the Illinois State Bar Association’s Diversity Leadership Council, past Chair of the Human Rights Section Council, and past Chair of the Criminal Justice Section Council. Kelli is active in several other Bar Associations and community organizations and is a nationally recognized speaker in legal education programs. She has also appeared as a panelist in several law-related television programs.
Kelli received her J.D. from Loyola University School of Law in 1996. She received a B.A. with honors from Loyola University in 1993, where she was also a member of their Division 1 Women’s Volleyball team. Kelli has two children and lives in Kane County, Illinois.
Pete Myers, CCPA iVe X1SE
Sr. Digital Forensic Engineer
Presentation: Physical Device Destruction in a Digital World
NALI Annual Conference 2018
Thursday, June 21 3:30 pm – 4:30 pm
Cellphones, tablets, and computers are the norm for data extraction. In the past, these items produced a wealth of data and could provide your client with ample information. As our forensic footprint grows, so does our capability to extract information from sources we normally wouldn’t think of. It is critical that innovative investigators lead the conversation with digital data. I plan to introduce several ways investigators can gather even more data than ever before. Using the examples of video forensics/Image Processing, vehicle system forensics, household appliance extraction, social media extraction, and free tools we offer for investigators to use, even if a cellphone has been destroyed or lost.
Video forensics/Image Processing- What would have been normally unviewable with video enhancement can now be cleaned up for a viewable image. Using photogrammetry, we have been able to capture small items for measurement and provide that measurement to the rest of the video/photo. We can zoom, deblur, and clean up all types of video and image artifacts. If things are too quiet or if there’s too much noise, we can enhance the audio to bring the desired audio to the forefront.
Vehicle System forensics- (Infotainment and Telematics) Vehicles produced 2008 and after provide us with a wealth of knowledge gathering tools. Not only will the navigation system/ GPS tell us where a vehicle has been, it will tell us frequent points of interest. If a phone or Bluetooth device was ever synched with this vehicle, we can retrieve all the data the vehicle extracted from that device, including contacts, text messages, and phone logs.
Other than vehicles, information can be gathered from any device the phone or Bluetooth device interacts with including appliances, thermostats, security systems, and Smart Home assistants such as Alexa. Common smart household items such as refrigerators and ovens will have data logs that will allow us to see their usage history. Even if a cellphone has been destroyed, if at any time it was connected to any of these kind of devices, it will have stored data that can be retrieved.
Black Swan has an agreement with Echosec and will be working with schools and organizations to monitor social media posts for any aggressive verbiage within a specified boundary. This type of aggressive language thrown onto social media will be flagged and monitored in order to stop cyberbullying or catastrophic planned event.
Black Swan is dedicated to helping investigators provide the best service for their clients. One way we are doing this is to provide free tools on our website for investigators, such as allowing you to find a Facebook profile from a phone number, or to look up an ip address to find a rough location in order to obtain a subpoena.
I plan to discuss several case studies that revolve around these important pillars of digital forensics and the experience we have gained from these cases so that investigators can use our knowledge to relay digital expert level knowledge to their clients.
DBA Ron Hergert Consulting
Presentation: Litigation Applications for AVL (Automatic Vehicle Location Technology)
NALI 2018 Annual Conference Presentation
Friday, June 22, 2018 3:15 pm – 4:45 pm
Automatic Vehicle Location (AVL) Systems have become a standard tool for Police, Fire and EMS to track vehicle locations through Global Positioning System Data as an integral component of what have come to be known as Smart Dispatching Systems. In simple terms, police units are equipped with GPS receivers either connected to or integrated within in-car computers. These receivers calculate the vehicle’s position, heading and speed at all times and the CAD system software periodically transmits this data to a central server which displays the data on computer maps showing vehicle locations in near real time. If all systems are working properly and officers are keeping their statuses properly updated, the CAD software and/or dispatchers can identify and assign units that are in closest proximity to calls for service.
Raw AVL data is usually stored and can be accessed from archive for investigative purposes. GPS data includes position (longitude and latitude), velocity (speed), heading and date/time. CAD system maps are flat and display information in two dimensions whereas the Earth is ellipsoidal in shape. The positional coordinates are sometimes stored as map coordinates rather than longitude and latitude but knowledgeable investigators can convert these values from one system to the other if the map coordinate system in use is known.
Attorneys and investigators who are familiar with AVL technology can obtain AVL data via discovery and public record requests and evaluate this data as part of routine case preparation. This data is similar to in-car and body-worn camera video in that it provides an independent means to evaluate an incident. Officers who write accounts in police reports that are not consistent with these “independent witnesses” can potentially be impeached. I have evaluated several cases where the AVL data analysis has dramatically impacted the case outcomes.
In my presentation I will provide an overview of how these systems work and how the stored data can be obtained and evaluated for potential use in court. I will provide real-life examples and hopefully inspire attendees to consider using this technology as part of their future due diligence.
Presentation: “Your X Factor in Accident and Criminal Investigations in the 21st Century”
NALI 2018 Annual Conference
Friday, June 22 10:30 am – 11:30 am
Conor Barry is an award-winning creative director and entrepreneur with over a decade of experience working throughout the US, Europe and Asia. Raised by a family of injury attorneys, he decided to use his background in commercial production to found Reaccident™, a litigation services studio that specializes in creating inexpensive 3D animation for attorneys and transportation companies across the US and Canada.