The Last Detective - Nardizzi Inc.

James Watson is coming home - motion for new trial πŸ₯ŠπŸ₯ŠπŸ₯ŠπŸ™πŸΌπŸ™πŸΌπŸ™πŸΌ

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.

Jimmy Waton freedomday 2020

Massachusetts court research - criminal records

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..."

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

- Walt Whitman


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

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?

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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!

πŸ™πŸΌ 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!πŸ₯‚

Private colleges, cross examination and sexual misconduct investigations

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

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

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.

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John Nardizzi presented at WAD 94th Annual Conference Stockholm Sweden

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.

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

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What does a PI do on a DNA case?

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.


Cifizzari press conf

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

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

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.


Nahant Forum, Victor Rosario, 3-30-19

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

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

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.


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

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

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

Map details cell phone location tracking laws by state

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

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.

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

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

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.