PRE-TRIAL, CIVIL & CRIMINAL IN DAYTONA BEACH & THROUGHOUT FLORIDA

PRE-TRIAL, CIVIL & CRIMINAL IN DAYTONA BEACH & THROUGHOUT FLORIDA

Whether preparing for civil cases, preparation, gathering and organizing all of the pertinent facts can support a successful outcome. AFI will work together with your Trial Attorney to ensure that all details of your case remain discrete and confidential. AFI investigators work closely with your legal representatives to ensure success in your case. We can perform comprehensive background investigations on pertinent subjects involved in the case. Our services include but are not limited to: witness canvasing, interviews, locating and subject matter experts that may be required by your legal team.

CRIMINAL

It may be important in a pre-trial hearing to have a Private Investigator work with your Attorney closely, so that you will be able to expedite a significant fact finding process that can possibly lead to the dismissal of a charge, or no prosecution, or the proper plea deal if applicable.

Civil

In civil matters the preponderance of evidence is the measure of guilt or innocence for the plaintiff or the defendant. Employing the expertise of a Private Investigator can help to fact find and vindicate you if you have been sued or a criminal action has been filed against you. The converse is also true, using a Private Investigator can assist you to determine enough evidence and facts to support a successful outcome and possibly the proper compensation, both punitive and compensatory.

PROCESS SERVER IN DAYTONA BEACH, ORLANDO &THROUGHOUT FLORIDA

Legal disputes and proceedings can become all the more difficult when you can't locate the parties involved or manage to serve them with the necessary documentation. If you're in need of a process server in Daytona Beach and throughout Florida who can get the job done, look no further than All Florida Investigations & Forensic Services, Inc. now. We pride ourselves in excellent service and results, and we're ready to show you what sets us apart from the competition.

COUNT ON US

At All Florida Investigations & Forensic Services, Inc. we understand the importance of timely and accurate process serving. Once engaged our process servers will commit themselves to delivering legal papers to support your legal action. We hold and conduct ourselves to the highest standards in terms of work ethic and reliability; and we bring energy and conviction to all that we do.

If you need a dependable process server in Florida and the greater Daytona Beach / Palm Coast area who will tenaciously and legally serve your legal papers, come to All Florida Investigations & Forensic Services, Inc. today. Call our office for more information or to schedule an appointment.

MATRIMONIAL INVESTIGATIONS IN DAYTONA BEACH ORLANDO & THROUGHOUT FLORIDA

No one likes to think about a spouse being unfaithful. But sometimes the signs are too hard to ignore. Whether you need to know the truth as part of divorce proceedings or you just want some peace of mind, you can count on our licensed, professional investigative team in Daytona Beach and throughout Florida to conduct a discreet surveillance of your spouse.

THE ANSWERS YOU NEED

Our infidelity investigation services are designed to give you all the information you need to plan your next move. Our private investigators can assist you by:

·Obtaining proof of infidelity

·Searching for hidden assets

·Tracking down vehicles

·Performing electronic surveillance

We at All Florida Investigations & Forensic Services, Inc. understand that infidelity is a sensitive, emotional matter, and when you work with us, you'll benefit from our compassionate approach to all that we do. So if you need answers about your spouse, it's time to enlist our help. Call today for more information or to schedule a consultation.

LICENSED PRIVATE INVESTIGATOR IN DAYTONA BEACH, ORLANDO & THROUGHOUT FLORIDA

Experience and dedication from a Daytona Beach, Florida private investigator can provide answers and a course of action in trying circumstances. No matter how complex the situation we can be your problem solvers. All Florida Investigations & Forensic Services, Inc. has in excess of 34 years of Investigative experience, law enforcement, and forensics experience to assist you on your case. We put the resources of our organization to work for you, including dedicated investigators, large information network, and state-of-the-art equipment.

We understand the sensitive nature of your situation and have a 100% confidentiality guarantee with secured, private files. Our services include:

·Service of Legal Papers

·Pre-trial civil and criminal investigations

·Negligence investigations

·Compensation cases

·Malpractice investigations

·Accident and liability investigations

·Anti-stalking (profiling)

·Executive protective service

·Matrimonial investigations

·Threats to person or property

·Intentional vandalism

·High tech – video and digital discreet Surveillance

·Missing persons investigations

·White collar crime investigations

·Process serving (Summons, Citations and NTA’s)

·Pre-tenant screening & non primary Residence investigations

·National computer checks providing information on persons, property, and businesses

·Investigative Canvass - Witness Interviewing - Background Searches - Skip Traces

·Missing Persons Investigations

·Executive / Dignitary / Celebrity Protection Services

BUSINESSES / INDIVIDUALS

·Internal theft

·Extortion

·Vandalism

·Industrial intelligence specialists

·White collar crime investigations

·Employee/Partnership background searches

·Complete civil and criminal investigations

·Fraudulent compensation investigations

·Discreet surveillance

·Company and individual credit history

·Environmental investigations (minimums & maximums)

·Malpractice Investigations and all forms of Insurance Claims

·Accident – Liability - Compensation Investigations

·Maritime Investigations

SPECIAL SERVICES

·Electronic debugging

·Cell Phone & Computer Forensics

·Forensic Hypnosis Interviews

·Environmental Crime

·Fraud Investigations

·Crime Scene and Forensic

·Crime Scene Clean-Up

As a certified fraud investigator, master crime scene investigator, and domestic relationship investigator, we know how to track every detail to a logical conclusion. Our investigator stays focused on attentive client care through the course of your investigation.

Our Daytona Beach, Florida private investigator can provide a quick response to your request for help. Call All Florida Investigations & Forensic Services, Inc. today, and let us to find the answers.

CHILD CUSTODY INVESTIGATOR IN DAYTONA BEACH, ORLANDO & THROUGHOUT FLORIDA

If there's been custodial interference and your child has been taken by your spouse, allow All Florida Investigations to assist you to find your child. We will work hand in hand with local authorities to ensure that your child is returned safely and your spouse prosecuted.

As a parent, you want to make sure that your child is being taken care of properly. But sometimes it can be difficult to gauge how your child is faring when he or she isn't under your roof. Whether you're going through a divorce or are already involved in a child custody dispute, our compassionate, dedicated team in Daytona Beach and throughout Florida is on hand to serve you. We offer thorough, dependable child custody investigations designed to give you the answers and peace of mind you need and deserve.

YOUR CHILD'S BEST INTERESTS IN MIND

At All Florida Investigations & Forensic Services Inc we understand that matters relating to child custody are both sensitive and emotional. We also know that a lot is riding on the information we're able to gather and provide. After all, nothing is more important than your child's safety and wellbeing, and to that end, we'll work tirelessly to get you the answers you're after so that you can take the appropriate next steps.

Don't spend your days and nights worrying about your child. Get the information you need to pursue your child custody matter with our in-depth investigation services. Call the AFI office today to schedule an appointment.

John Gaspar, B.S., M.S. MBA, C.F.E., C.S.T

Board Accredited Investigator

Florida License # A 2800136 C 8700343

www.afipi.comjgaspar@afipi.com

Phone : 1-888-697-3478 Facsimile: 386-845-9265

MISSING PERSONS THROUGHOUT FLORIDA

MISSING PERSONS IN DAYTONA BEACH, FL & THROUGHOUT FLORIDA

Do you have a friend or a loved one who's gone missing? At All Florida Investigations & Forensic Services Inc, we're here to help. Our dedicated private investigators in Orlando and Daytona Beach, FL are ready to devote themselves to locating the person you're looking to find.

ENERGY AND COMPASSION

What sets our team members apart is the energy and conviction they bring that will support you in your time of need. . We understand the gravity of the situation and we also realize that situations involving missing persons can be complicated, sensitive, and emotional. That's why we take a thorough, meticulous approach to our missing persons investigations. And once we get started, you can rest assured that we'll work tirelessly to get you the information you're after.

If a person in your life has gone missing, don't panic or give up hope. Call All Florida Investigations & Forensic Services Inc today to schedule an appointment and learn more about how we can help.

PARENTS & RELATIVES SEARCH

Are you searching for a birth parent or relative in Orlando or Daytona Beach, FL? Finding birth parents or other biological family members can be a complex, confusing, and emotional process. Before you begin your parents and relatives search, be sure to get advice and support from a private investigator you can trust to put your goals and best interests first.

HERE TO SERVE YOUR NEEDS

At All Florida Investigations & Forensic Services Inc, we offer discreet, professional, and confidential private investigator services designed to provide you with the information you need to make informed decisions about your birth parent or family member. Using every resource at our disposal, we work tirelessly to help identify and locate the relative you’re looking for so you can determine how to move forward.

We can help you take your search for your birth parent or relative to the next level. So if you have questions about finding your birth mother or other family member, we have the answers you need to take your first step. Contact AFI in Orlando and Daytona Beach, FL now for more information about our investigative services and to schedule a consultation.

ALL FLORIDA INVESTIGATIONS &

FORENSIC SERVICES, INC.

FL. LICENSE#: A2800136 B1400220 & C8700342

OFFICES IN DAYTONA BEACH AND ORLANDO

BACK TO TOPALL FLORIDA INVESTIGATIONS & FORENSIC SERVICES INC., 140 S BEACH ST | SUITE 200, DAYTONA BEACH, FL, 32114888.697.3478

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MOBILE DEVICES & COMPUTER FORENSICS IN DAYTONA BEACH, FL AND NATIONWIDE

When Every Byte of Data Matters

The use of phones in crimes has been widely used for many years and in today’s technological information age, every byte of data matters.

Cell phone and other mobile device forensics is a variation of digital forensics involving the recovery of digital evidence from any mobile device. Mobile device can refer to mobile/smart phones, PDA’s, iPhones, GPS devices as well as tablets or iPads. These mobile devices are used to store or save personal information such as contacts, photos, calendars and notes, SMS and MMS messages. Whereas smartphones may contain additional data such as video, email information, web browsing history, location information, and social networking messages and contacts. Most of this information is intentionally stored but sometimes unintentional information is also kept which can add merit to a case.

Cell phone and mobile device forensic experts specialize in the forensic retrieval of data from these devices in a manner that preserves the evidence under forensically acceptable conditions, ensuring that it remains court-admissible. Full data retrieval is the ultimate goal but often specific detailed information that is retrieved is all that is necessary to prove a case. Since there is a wide variety of tools that exist to extract evidence from mobile devices; no one tool or method can acquire all the evidence from all devices. AFI’s forensic engineers will conduct a thorough examination of the data found on the cell phone's SIM/USIM, the cell phone body itself, and any memory cards.

Specific forensic evidence that is often retrieved and examined during a cell phone forensic investigation, often even after being deleted, includes:

• Videos
• Photos & graphics
• Contact names & phone numbers
• Text messages recovery of SMS message recovery
• Call times; dialed and received calls, and call durations
• Address book entries; residential addresses and email addresses

Attorneys, Courts, and Law Enforcement Officials realize the significance of evidence obtained from cell phones and other mobile devices, and how it can greatly affect the outcome of a trial. No matter the extent of the case, from White Collar Crime to the most extreme criminal trial, the integrity of the firm selected for a cell phone forensic audit is as important as the integrity of the data recovered.

With AFI, you can be assured with our many years of investigative experience, we understand that the collection and documentation of the extracted data from a mobile device to be used as evidence is an imperative matter. Today, more court cases are being won or settled quickly with the proper submittal of electronic evidence, so it's vital that the cell phone forensics investigator understands the legal issues and essentials surrounding electronic evidence gathering. AFIunderstands this fact, approaches all investigations with this in mind, and produces conclusive results for our Clients in the legal profession.

For decades, AFI has been a leader in the field of computer and crime scene forensic investigations. Our networks of forensic engineers are fully trained in proper evidence handling and litigation support services. AFI understands the importance of this evidence thus maintaining the highest industry standards.

Computer Forensics

AFI is a Leading Digital Evidence Provider

Computer Forensics is a division of digital forensic science pertaining to legal evidence found in computers and digital storage media. The goal of computer forensics is to legally retrieve and examine digital media in a forensically approved manner with the aim of identifying, preserving, recovering, analyzing, and documenting the facts about the digital information. Often this is data that has been accidentally lost or deleted.

Computer forensics, although most often associated with the investigation of a wide variety of computer crimes, may also be used in civil proceedings. The discipline involves similar techniques and principles to data recovery, but with additional guidelines and practices designed to create a legal audit trail. It has been used in a number of high-profile cases and is becoming widely accepted as reliable within U.S. court systems.

Computer Forensics requires knowledge of all aspects of the computer, from the operating system ISA to computer architecture and hardware design. AFI's computer forensics engineers will safely extract electronic data from almost any computer system, even if the data has been previously destroyed, deleted or hidden.

Data Recovery

Personal or Professional Data Lose:

Computers are machines that work miracles in our daily business operations. These machines often malfunction and potentially lose valuable data. Many email’s in our daily communications carry deadly viruses that infect our machines and spread, causing massive data losses throughout your business network. Computer hackers, which can be both inside and outside your company, can access your information, manipulate it, steal it, and cause huge losses of data which can lead to a loss of intellectual property and misuse of proprietary information by others.

The solution is AFI. Our hard drive data recovery and digital artifact retrieval services lead the industry.

We specialize in professional data recovery in a timely manner. Our teams of data recovery experts have the industry knowledge of how to retrieve personal or corporate lost data from damaged or corrupt storage media including hard-drives, back-up systems, temporary storage units and more.

AFI understands how critical your computer and data systems are to the function of your organization. Our data recovery specialists will retrieve your lost data and return you back to normal business operations in an expeditious manner.

We all need to stand United and support the Police Orlando Manhunt: Officer, Deputy Killed During Search for Murder Suspect

Orlando Manhunt: Officer, Deputy Killed During Search for Murder Suspect

Two Florida law enforcement officers were killed Monday during a manhunt for a murder suspect who has been on the run since he was accused of fatally shooting a pregnant mother last month.

Orlando police Master Sgt. Debra Clayton, 42, was shot by the suspect, Markeith Damengzlo Loyd, 41, after she responded to a sighting of him outside a Walmart store about 7:15 a.m. ET Monday, Police Chief John Mina told reporters. Clayton returned fire, but authorities don't believe Loyd was struck.

BIOCHEMICAL INVESTIGATIONS & CONSULTING IN DAYTONA BEACH & THROUGHOUT FLORIDA

AFI provides cleanup services at Crime Scenes and is often called upon to assist Law Enforcement Agencies, Corporations, Attorneys, and Real Estate Agencies. Many people do not know that, in most cases, it is the property owner's responsibility to properly clean up crime scenes. These Crime Scenes often have a host of environmental hazards. Some of these hazards include (BBP) Blood Borne Pathogens and or (PIMS) Potentially Infectious Materials.

Examples of Hazardous Clean-ups include:

1. Animal Infestations - feces, urine, putrefied remains.

2. Human remains from a homicide and or suicide – putrefied bodies and insect infestation.

3. Trash clean up with food putrefaction.

4. Any BBP or PIMS which include HIV, AIDS, Viral, Hepatitis, Bacterium.

We follow all local and federal state guide lines and laws (OSHA, EPA, and Laboratory Safety Guidelines, Dept of Justice FBI). Our operatives are trained in proper barrier protection. PPEs are used and removal meets or exceeds all government standards.

AFI provides chemical removal of heavy metals, acids and bases for schools and businesses.

ALL FLORIDA INVESTIGATIONS &

FORENSIC SERVICES, INC.

FL. LICENSE#: A2800136 B1400220 & C8700342

Orlando Private Investigators, All Florida Investigations & Forensic Services Inc .

PI Magazine Article

John Gaspar | BS, MS MBA, CFE, CSI Florida Private Investigator

Retired NYPD Detective and Florida Sheriff's Detective that has worked in:

·13th Division Homicide NYC

·Intelligence Division & Dignitary / Celebrity & Principle Protection

·Organized Crime Control

·Major Case Squad – Bank Robberies & Terrorist Activities NYC

·Economic Crime Division Supervisor – Fraud & White Collar Crime – Florida Sheriff's Office

Specialized Training

·Certified Fraud Examiner

·Master Crime Scene Investigator

·Forensic Hypnotist - Memory Retrieval - New York & Florida

·Firearms Instructor

·Defensive Tactical Instructor

Past President of the Society of Professional Investigators – members & honoree's included Robert Kennedy & Rudi Giuliani

John Gaspar started his profession as a Criminal Justice Professional in Law Enforcement in 1973, with the New York City Police Department. While with the NYPD, he worked as an Educator, Administrator, Police Recruit Instructor, Patrol Officer, Detective and Supervisor. He also served as a curriculum developer and educator in New York City Police Department's Police Bureau.

Gaspar continued to progress in his career with the NYPD, working in a variety of investigative capacities, including Detective assignments in the Organized Crime Control Bureau, Intelligence Division (Executive and Dignitary Protection), Major Case Squad (Bank Robberies and Fraud Investigations), Special Investigation Division, Terrorist Task Force, Hostage Negotiation - Kidnapping Squad, Crime Scene Forensics and Special Investigation's Forensic Hypnosis Unit.

During his tenure in Special Investigations, John became one of the 10 most experienced and highly regarded Forensic Hypnotists in the United States. After retiring from New York City Police Department, Gaspar assumed a Command Staff role as the Chief Executive Officer of a Private Detective and Security Patrol agency licensed in four States and employing 250 people. While CEO of this agency, he was elected President of the Society of Professional Investigators, (members and honored guests included Robert Kennedy and Rudolph Giuliani). For his achievements in Law Enforcement and private sector leadership, Gaspar received a Proclamation from the City of New York.

Continuing this journey of excellence at the Flagler County, Florida Sheriff's Office, Gaspar was appointed by the Sheriff as the Director of Professional Standards and Training. In that assignment, he led the agency through the process of obtaining Florida Accreditation and National CALEA recognition.

As an educator, Gaspar has enjoyed a long standing relationship as an Associate Adjunct Professor with St. John's University in New York City, and Ad Hoc Professor with John Jay College of Criminal Justice and for the past 9 years as an Associate Adjunct Professor, FDLE Instructor and recruit school trainer with Daytona Beach Community College. Gaspar also enjoys a relationship as an Adjunct Professor at Bethune Cookman College in the Social Science Department/Criminal Justice. He currently is the Crime Scene Investigations Program Coordinator for a Local Florida University.

John's areas of focus include homicide investigations, hazmat safety, forensic hypnosis interviews, financial crimes investigation and forensic auditing in criminal investigations. He is a Master Crime Scene Technician and is available as an instructor, private investigator and consultant in each of these topical areas.

Paul Strickland

senior investigator

Mr. Strickland is a Senior Private Investigator with multidisciplinary experience in:

• Emergency Medical Services

• Criminal Justice

• Public Safety

Paul’s professional career includes:

• Emergency Medical Technician-Paramedic

• Certified Firefighter

• Law Enforcement Officer

• Detective, Infectious Control Officer

• Coast Guard licensed Captain

• Civil Process Server

• C Licensed Private Investigator in the State of Florida

Paul Strickland during his tenure as a Law Enforcement earned the distinguished honor of both,  Medal of Valor and Employee of the Year.  Paul earned his Associates Degrees in Criminal Justice and Emergency Medical Service and contributes to his profession as a Private Investigator with over 25 years of experience in Public Safety.

Barry Brannon | BS

Mr. Brannon started his career in Environmental and Oceanographic Engineering and earned a Bachelor of Science degree in the aforementioned discipline. After working for several years in corporate and consulting positions with the Corps of Engineers, EPA and Oil, Bio Hazard & Gas industries extensive research experience was obtained in soil, fluid and chemical analysis sectors of the business. Mr. Brannon then moved into the financial sector in the Banking and Brokerage industries at the senior corporate level gaining experience in operations and business development.

Brannon applies his life experience in his career as an environmental investigator working on toxic waste and OSHA related investigations. Mr. Brannon has enjoyed the opportunity to work in a variety of investigative specialties including photographic, vehicle surveillance, forensic analysis accepting contracts through Attorneys and Insurance Companies.

In addition Brannon has a number of years working as the lead Executive Protection specialist watching over a corporate executive and his family. Barry has extensive security industry background in logistics, principle protection , assessing threat , providing safe rooms , executive driving, corporate executive and family protection services, electronic device screening (bugs and wires), business meeting and group event personnel management.

Continuing his security experience, Barry worked in senior management with the nation's largest independent monitoring facility as National Director then became President of Marlin Central Monitoring. During his management of Marlin, Barry facilitated a complete corporate operational and financial turn-around of a regional security monitoring facility building it into a nationally branded corporation as well as the largest independent monitoring facility for video monitoring, virtual guard services and alarm event verification. Barry then built a ground-up security department and monitoring facility for a Fortune 45 Corporation in the medical industry.

Barry has continued his security education and licensing to include Florida State Licenses consisting of D, G, and C. Now partnering with the vast experience of All Florida Investigations with John Gaspar, Private Investigator. This corporate team brings an extensive and well rounded knowledge of all forms of security, surveillance and investigations to work with individual, corporate, executive, and municipal clients.

John Gaspar, B.S., M.S. MMBA, C.F.E., C.S.T 

Board Accredited Investigator

Florida License # A 2800136  C 8700343

www.afipi.comjgaspar@afipi.com

Phone : 1-888-697-3478        Facsimile: 386-845-9265

Private Investigator John Gasper in Daytona Beach

Daytona Beach Private Investigator

vistit us at www.AFIPI.com

Daytona Private Investigation acTive shooter proctocol https://youtu.be/CATKBjsuyp0

https://youtu.be/CATKBjsuyp0

Just recently I went to NYC and was asked by my Former NYPD partner to speak to a group of Staten Island NYers about Active shooters and terrorism.

The impetuous of my talk was to ask my audience "what should we do, if we are put in an environment where there is an active shooter?

TWO HIGH RANKING NYPD OFFICERS SUBSCRIBE to what one of our local Sheriffs state in this video as the best chance for survival.

THE 4A's

• Awareness

• Avoidance

• Arm

• Attack

People vs Gray Forensic Hypnosis John Gaspar

Published in PI Magazine

People vs Gray Forensic Hypnosis John Gaspar

PEOPLE v. GRAY

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154 A.D.2d 478 (1989)The People of the State of New York, Respondent, v. Michael Gray, AppellantAppellate Division of the Supreme Court of the State of New York, Second Department.

October 10, 1989

• View Case

• Cited Cases

• Citing Case

Brown, J. P., Eiber, Kooper and Rosenblatt, JJ., concur.

Ordered that the judgment is affirmed.

According to the trial testimony, on April 10, 1982, the defendant and an accomplice robbed David Gutzman, a self-described

[154 A.D.2d 479]gypsy cab driver, at gunpoint. After relieving Gutzman of cash and jewelry, they directed Gutzman to drive to his home in search of more cash. As they proceeded toward his home Gutzman saw a police patrol car and crashed into it in an attempt to abort the robbery. The defendant and his accomplice ran from the cab and Gutzman yelled to the police that they had just robbed him. Police Officer Michael Maillie gave chase on foot, while Sergeant Edward Forsyth sent out a radio transmission and followed in the patrol car. Maillie observed the defendant and his accomplice emerge from a stairwell and then the defendant fired two shots at him. One shot hit Maillie in the leg causing him to collapse. The defendant jumped over Maillie and ran toward Forsyth firing approximately seven shots at him. Since he had no cover, Forsyth dropped to the ground and the defendant then fired two more shots at him, missing both times.

At the pretrial suppression hearing, it was elicited that, during a hospital emergency room interview immediately following the shooting, Officer Maillie told Detective Raymond Apo that he would be able to identify the perpetrators if he saw them again. He said the shooter was clad in a light colored jacket and that the accomplice wore "all dark" clothing. Apo's questioning was then curtailed as the physicians began to provide medical treatment. The following day, Maillie told Apo that the shooter was a light-skinned black male, 5 feet 10 inches to 6 feet tall, weighing 150 pounds, and 25 to 30 years old. The other assailant was a dark-skinned black male, 6 feet to 6 feet 1 inch tall, weighing 165 pounds, 22 to 26 years old, and larger than the shooter. At that time, the defendant was not a suspect. Maillie viewed thousands of photographs after his release from the hospital, but was never shown a picture of the defendant before he was hypnotized in May 1982 and never identified anyone as the shooter.

Detective John Gaspar, a hypnotic investigator assigned to the Hypnosis Unit since 1981, testified that on May 18, 1982, at approximately 1:00 P.M. Officer Maillie arrived at the hypnosis unit at 1 Police Plaza with Detective Cordero. Gaspar had no information regarding the case prior to that day. Before speaking with Maillie, he was told by Cordero of the time and place of the incident and was informed that a description of the perpetrators was being sought. Cordero did not give Gaspar any information as to the prior descriptions given by Maillie. Cordero left the interview room before Maillie entered and Gaspar spoke alone with Maillie. Maillie initially told Gaspar that there were 2 individuals but that

[154 A.D.2d 480]only 1 had fired upon him. He stated that the shooter was 8 to 10 feet away and was 5 feet 10 inches to 6 feet tall with a slim build and wore a beige suit jacket. Maillie also described the defendant's accomplice.

Following Gaspar's administration of a technique described as "progressive relaxation," Maillie reiterated his previous description of the shooter and added that he had short hair and that he might have had a moustache. Gaspar explained that this interview was recorded as a safeguard and that the interview room was very "sterile" to prevent any suggestiveness. The only information Gaspar had was what was given to him by Maillie prior to the "progressive relaxation" exercise. Additionally the questioning was very neutral and general to prevent any suggestiveness. Maillie affirmed that he was fully conscious during the interview with Gaspar and explained that the hypnotic session enhanced his concentration thus enabling him to recall the moustache and short cropped hair. Other than those two details, Maillie insisted that his memory had not been increased.

The hearing court, noting the danger of suggestibility inherent in hypnosis, found that there were no suggestions made and that the incidents recalled by Maillie were essentially the same as he recalled them prior to the session, the only exception being his recollection of the moustache and the short hair. It concluded that Maillie was fully conscious during the session and that the two additional details came from Maillie's heightened consciousness during the session. The defense counsel excepted to this ruling. However, he did not raise any issue with respect to the propriety of the subsequent lineup and photographic identifications of the defendant made by Gutzman and Maillie.

Initially, we note that the defendant has failed to preserve for appellate review his claim that the court should have conducted a Wade hearing to determine the propriety of the lineup identifications. Prior to trial, the defendant moved to dismiss Maillie's lineup identification and in-court identification of the defendant based upon the fact that these identifications were made after Maillie had been hypnotized. At the outset of the suppression hearing, the prosecutor told the court that he was ready to proceed and apprised the court and counsel of the witnesses he was prepared to call to testify on the issue of the claimed suggestibility of the hypnosis. There was no mention of the propriety of the composition of the lineups and, although counsel objected to the court's ruling on the hypnosis identification, he never made any reference to

[154 A.D.2d 481]the composition of the lineups. As such, the defendant has failed to preserve this issue for appellate review (see, People v Martin, 50 N.Y.2d 1029; People v Tutt, 38 N.Y.2d 1011; People v Jones, 81 A.D.2d 22, 41-42). Likewise unpreserved for appellate review is the defendant's claim that the verdict sheets submitted to the jury were improper since he failed to object to their submission (see, People v Rodriguez, 144 A.D.2d 598; People v Decambre, 143 A.D.2d 927; People v Battles, 141 A.D.2d 748; People v Williams, 138 A.D.2d 430; People v Monroe, 135 A.D.2d 741; cf., People v Nimmons, 72 N.Y.2d 830; People v Testaverde, 143 A.D.2d 208).

In People v Hughes (59 N.Y.2d 523), the intricacies of the admission of hypnotically induced testimony were addressed. The Hughes court noted three dangers inherent in hypnosis: (1) that the subject may become susceptible to suggestions given intentionally or unintentionally by the hypnotist or others during the session, (2) confabulation (the filling in of memory gaps), and (3) an increased confidence in the identification following the procedure. While noting these potential hazards, the court specifically stated that the pretrial use of hypnosis would not necessarily render the witness incompetent to testify to events recalled prior to being hypnotized and also noted the distinction between cases where a suspect is in custody and those where the suspect is unknown (see also, People v Eybergen, 130 Misc.2d 1, affd 131 A.D.2d 981).

In Hughes it was held that a "case by case" analysis is necessary until procedural standards can be established as to the admissibility of hypnotically induced testimony. At the pretrial stage there must be inquiry and resolution of the extent of the witness's prehypnotic recollection (which would establish the boundaries of admissible testimony) and scrutiny as to whether the hypnosis was so impermissibly suggestive as to require exclusion of in-court testimony with respect to such prehypnotic recollection. The burden is upon the People to establish by clear and convincing proof that the testimony of the witness as to his prehypnotic recollection is reliable and there has been no substantial impairment of the defendant's right of cross examination.

In this case, unlike the situation presented in Hughes, the police did not have a suspect and the information sought through the hypnosis was needed to assist the police in locating the perpetrator. Since the undisputed evidence at the hearing was that Maillie was confident in his prehypnotic recollection of the perpetrator and there were no substantial additions or changes in the description following the session,

[154 A.D.2d 482]the People sustained their burden of proving that the prehypnotic identification was reliable. It should be noted that Maillie's direct trial testimony did not mention the hypnosis. It was only on cross-examination that defense counsel elicited the hypnotic session. Therefore it may not be claimed that the People exceeded the bounds set by the hearing court. Further, the dangers of suggestiveness or confabulation were not present as the posthypnotic description did not yield any significant changes in Maillie's account of the incident or in the appearance of the assailant. We also find that the People established through the uncontroverted testimony of Detective Gaspar that the session was conducted in a neutral environment, that the questioning was not suggestive and that the defendant was not denied his right of cross-examination.

In any event, as the lineup was held seven months following the hypnotic procedure, any enhanced confidence would have dissipated over the passage of time and the lineup was sufficiently attenuated from the hypnosis so that testimony regarding Maillie's lineup identification was properly admitted (see, People v Watts, 130 A.D.2d 695). In this regard, it is noteworthy that the only posthypnotic additions to the description were of a possible moustache and short hair. Also, Maillie testified that the defendant's hair was longer at the lineup than at the time of the incident.

As the defendant failed to request a charge on the vagaries of hypnotically induced testimony and voiced no objections to the charge as given, this claim is unpreserved for appellate review. Although where such charge is requested the trial court must acquiesce (see, People v Tunstall, 63 N.Y.2d 1, 9-10; People v Smith, 63 N.Y.2d 41, 70, cert denied469 U.S. 1227; People v Hughes, 59 N.Y.2d 523, 548, supra), in the instant case there was no such request. In light of the cursory reference to the hypnotically induced identification testimony brought out on cross-examination to impeach Officer Maillie, such a charge would have been inappropriate and would only have served to cause the jury to accord greater attention to the hypnosis.

We have examined the defendant's claim that the sentence imposed was excessive and find it to be without merit, particularly in view of the violent nature of the crime (People v Suitte, 90 A.D.2d 80).

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Happy New Year from the AFI family Retired NYPD Detective and Florida Sheriff's Detective that has worked in

Retired NYPD Detective and Florida Sheriff's Detective that has worked in:

·13th Division Homicide NYC

·Intelligence Division & Dignitary / Celebrity & Principle Protection

·Organized Crime Control

·Major Case Squad – Bank Robberies & Terrorist Activities NYC

·Economic Crime Division Supervisor – Fraud & White Collar Crime – Florida Sheriff's Office

Specialized Training

·Certified Fraud Examiner

·Master Crime Scene Investigator

·Forensic Hypnotist - Memory Retrieval - New York & Florida

·Firearms Instructor

·Defensive Tactical Instructor

Past President of the Society of Professional Investigators – members & honoree's included Robert Kennedy & Rudi Giuliani

John Gaspar started his profession as a Criminal Justice Professional in Law Enforcement in 1973, with the New York City Police Department. While with the NYPD, he worked as an Educator, Administrator, Police Recruit Instructor, Patrol Officer, Detective and Supervisor. He also served as a curriculum developer and educator in New York City Police Department's Police Bureau.

Gaspar continued to progress in his career with the NYPD, working in a variety of investigative capacities, including Detective assignments in the Organized Crime Control Bureau, Intelligence Division (Executive and Dignitary Protection), Major Case Squad (Bank Robberies and Fraud Investigations), Special Investigation Division, Terrorist Task Force, Hostage Negotiation - Kidnapping Squad, Crime Scene Forensics and Special Investigation's Forensic Hypnosis Unit.

During his tenure in Special Investigations, John became one of the 10 most experienced and highly regarded Forensic Hypnotists in the United States. After retiring from New York City Police Department, Gaspar assumed a Command Staff role as the Chief Executive Officer of a Private Detective and Security Patrol agency licensed in four States and employing 250 people. While CEO of this agency, he was elected President of the Society of Professional Investigators, (members and honored guests included Robert Kennedy and Rudolph Giuliani). For his achievements in Law Enforcement and private sector leadership, Gaspar received a Proclamation from the City of New York.

Continuing this journey of excellence at the Flagler County, Florida Sheriff's Office, Gaspar was appointed by the Sheriff as the Director of Professional Standards and Training. In that assignment, he led the agency through the process of obtaining Florida Accreditation and National CALEA recognition.

As an educator, Gaspar has enjoyed a long standing relationship as an Associate Adjunct Professor with St. John's University in New York City, and Ad Hoc Professor with John Jay College of Criminal Justice and for the past 9 years as an Associate Adjunct Professor, FDLE Instructor and recruit school trainer with Daytona Beach Community College. Gaspar also enjoys a relationship as an Adjunct Professor at Bethune Cookman College in the Social Science Department/Criminal Justice. He currently is the Crime Scene Investigations Program Coordinator for a Local Florida University.

John's areas of focus include homicide investigations, hazmat safety, forensic hypnosis interviews, financial crimes investigation and forensic auditing in criminal investigations. He is a Master Crime Scene Technician and is available as an instructor, private investigator and consultant in each of these topical areas.

Paul Strickland

senior investigator

Mr. Strickland is a Senior Private Investigator with multidisciplinary experience in:

• Emergency Medical Services

• Criminal Justice

• Public Safety

Paul’s professional career includes:

• Emergency Medical Technician-Paramedic

• Certified Firefighter

• Law Enforcement Officer

• Detective, Infectious Control Officer

• Coast Guard licensed Captain

• Civil Process Server

• C Licensed Private Investigator in the State of Florida

Paul Strickland during his tenure as a Law Enforcement earned the distinguished honor of both,  Medal of Valor and Employee of the Year.  Paul earned his Associates Degrees in Criminal Justice and Emergency Medical Service and contributes to his profession as a Private Investigator with over 25 years of experience in Public Safety.

Barry Brannon | BS

Mr. Brannon started his career in Environmental and Oceanographic Engineering and earned a Bachelor of Science degree in the aforementioned discipline. After working for several years in corporate and consulting positions with the Corps of Engineers, EPA and Oil, Bio Hazard & Gas industries extensive research experience was obtained in soil, fluid and chemical analysis sectors of the business. Mr. Brannon then moved into the financial sector in the Banking and Brokerage industries at the senior corporate level gaining experience in operations and business development.

Brannon applies his life experience in his career as an environmental investigator working on toxic waste and OSHA related investigations. Mr. Brannon has enjoyed the opportunity to work in a variety of investigative specialties including photographic, vehicle surveillance, forensic analysis accepting contracts through Attorneys and Insurance Companies.

In addition Brannon has a number of years working as the lead Executive Protection specialist watching over a corporate executive and his family. Barry has extensive security industry background in logistics, principle protection , assessing threat , providing safe rooms , executive driving, corporate executive and family protection services, electronic device screening (bugs and wires), business meeting and group event personnel management.

Continuing his security experience, Barry worked in senior management with the nation's largest independent monitoring facility as National Director then became President of Marlin Central Monitoring. During his management of Marlin, Barry facilitated a complete corporate operational and financial turn-around of a regional security monitoring facility building it into a nationally branded corporation as well as the largest independent monitoring facility for video monitoring, virtual guard services and alarm event verification. Barry then built a ground-up security department and monitoring facility for a Fortune 45 Corporation in the medical industry.

Barry has continued his security education and licensing to include Florida State Licenses consisting of D, G, and C. Now partnering with the vast experience of All Florida Investigations with John Gaspar, Private Investigator. This corporate team brings an extensive and well rounded knowledge of all forms of security, surveillance and investigations to work with individual, corporate, executive, and municipal clients.

John Gaspar, B.S., M.S. MMBA, C.F.E., C.S.T 

Board Accredited Investigator

Florida License # A 2800136  C 8700343

www.afipi.comjgaspar@afipi.com

Phone : 1-888-697-3478        Facsimile: 386-845-9265

John Gaspar