I had no idea that the first issue of our newsletter would be received so well. I have received a number of positive comments from defense lawyers both in person and by telephone.

We are profiling our research and analysis team in this publication. Polly has been with Gradoni & Associates for eight years and has become what I believe to be an expert in background and asset investigations.

Michelle is a relative newcomer, who has a strong command for information that can he developed from the Internet. combined with very good investigative instincts.

Both Investigators are responsible for getting the investigations off the ground. I am very proud of their dedication and efforts.
I want to assure you that we will make every attempt to provide you with accurate information, on a timely basis, that can be used to help in your criminal defense efforts.

Both Kevin Templeton and myself are available for speaking engagements on topics related to criminal defense and the utilization of private investigators in a criminal case. Due to our firm's vast involvement in both Federal and State criminal cases. I believe we have investigated almost every violation possible.

Our team strives on a daily basis to he the premiere private investigative firm in the criminal defense arena. I do not believe any other agency has a staff with the expansive years of prior law enforcement expertise that we offer. I believe our rates are competitive. We will put the same effort into an appointed case and often do work that is not billed because the court's budget has been met. We believe a person has the right to a fair trial with all of the issues fully investigated.

Your continued support and business is greatly appreciated.
J.J.Gradoni

A Few Kind notes...
"You and your team are part of our success. Your hard work and dedication has really paid off?"`... Stanley Schneider

"I believe it will ultimately be due to the evidence which you were able to procure."... Brett Ligon

"What 1 do know is that the system worked and justice was served. I will always be grateful to you and your staff" ... Allan Cohen

"I meant every word when 1 toasted you at dinner and stated that watching you had exposed me to levels of professionalism in investigations that I had never seen before. You and your colleagues hit the street hard and effectively."... State Elected Official

Polly Korzekwa and Michelle Gillespie are the mainstay of our research and analysis team. I consider both Investigators experts in developing information from the Internet and the numerous databases that we subscribe in their daily efforts to conduct background investigations on witnesses, co-defendants, informants etc.

The research and analysis team members are directed by the case managers to develop specific background information contained in public records throughout the country. In many cases. the information that is developed has been instrumental in either establishing or eroding a witness' credibility.

In a recent case, the defense was able to impeach an expert witness' credibility because the research developed a bankruptcy. civil lawsuits and articles in publications written by the expert witness that did not show consistency in his opinions. All of this information was found in the State of California.

Our databases cover the entire United States. with public record information available from all levels of government.

On local issues, the police departments have information that can be obtained by subpoena. written request and Freedom of Information requests. Calls for service at a location can provide vital information about a scene and/or individuals. Department policies, training records. TCLEOSE records for training, internal Affairs complaint history with findings are also obtainable.

On occasion, we have found that police officers associated with a case may have inflated their experience in training in various aspects of law enforcement. The training records we develop can confirm or provide information that can be used to impeach the officer's testimony.

TCLEOSE also provides a history of law enforcement agencies where an officer may have been employed. This facilitates contacting the other departments to determine if the officer left under good terms or because of problems. Information regarding the officer's general reputation amongst his peers can also be developed.

The team understands that the turnaround of information is critical in many cases. Usually information can be obtained within 24 to 48 hours and in some instances immediate records are available. Our team knows which databases will yield the information most desired on a specific background search. The team members have become experts at the utilization of the right databases for the job. All of the background information that we develop is provided to the client in a very detailed report. with supporting documents. Our research and analysis team are the backbone of many investigations since the information they develop provides the foundation to start the investigation.

CRIMINAL DEFENSE INVESTIGATIONS…

We feel that the use of our investigative services have gone a long way in proving the "Truth Makes A Difference"

Some of our successes over the past months year are documented...

AGGRAVATED ASSAULT ACQUITTAL...
Leora Kahn represented a defendant who had been charged with cutting the wrist of her lover's father with a piece of glass during a domestic dispute.

A background investigation on the complaining witness produced history that could impeach his testimony. Investigators also interviewed the complaining witness, which identified discrepancies in his original statement to police.

Leora Kahn, backed up with medical records from LBJ Hospital. got a "Not Guilty" on this appointed case in the 232nd District Court.

POSSESSION OF CRACK WITH INTENT TO DELIVER DISMISSAL...
Chip Lewis represented a defendant whose vehicle had been searched at a car wash. The police officers alleged when they had gone over to the vehicle to turn down the loud radio with the defendant's consent. they observed crack cocaine in plain view. The police officers also claimed the defendant was trespassing at the car wash.

We provided Lewis with photographs of the car wash and background information regarding the arresting police officers. The jury came back with an acquittal after a very short deliberation period.

NOT GUILTY BY REASON OF INSANITY...
Robert Fickman and Stanley Schneider represented a defendant who was charged in Federal Court with throwing Molotov cocktails at a church. Our investigation revealed that the defendant believed that members of the church were after him.

On three different occasions.. the defendant threw empty Snapple bottles through the windows of the church. The defendant then left three Snapple bottles filled with gasoline and stuffed with a cloth next to the church building. The cloths on the two Snapple bottles had been set on fire, hut extinguished immediately without igniting the gasoline.

Background interviews also provided information regarding the defendant's menial instability.

RE-TRIAL OF BOXING COACH RESULTS IN ACQUITTAL...
A local boxing coach represented by Stanley Schneider and Emily Munoz was charged with sexual abuse of his girlfriend's three children. The initial trial last year resulted in a hung jury. eight to four for the defense.

The State went forward on their strongest case. presenting evidence on only one of the three children. Our investigation supported the defense strategy that the mother manipulated the jury and exploited her own children. abusing the criminal justice system. The jury acquitted the boxer and the State dismissed the other two remaining charges.

AG'S OFFICE LOST THEIR BET...
Steven Fenoglio of Austin and Joe Cannon of Groesbeck represented a Groesbeck business owner that was arrested and charged with the possession of a gambling devices, gambling promotion. keeping a gambling place, Gambling paraphernalia and engaging in organized criminal activity because the defendant possessed "8-Liner" devices in his store.

Kevin Templeton reviewed and analyzed the search warrant for accuracy and documented obvious mistakes made by the investigating police officers. Investigator Templeton monitored the trial and the testimony of the State's witnesses as an expert witness and then testified about several inconsistencies and the mechanics of the "S-Liner" devices during the four day trial.

The jury returned after three hours and rendered a "not guilty verdict on each of the five counts. Charges that were pending on the remaining co-defendants were dismissed by the State.

A SIGNIFICANT REDUCTION...
Stephen Orr of Austin represented a fifty five year old family man who was arrested by Houston Police Department Narcotics officers on a traffic stop. The defendant had been asked to deliver a pair of boots to a mutual friend. During the traffic stop the defendant agreed to sign a "consent to search". The officers searched the van seven times before the kilo of heroin was located.

Instead of obtaining a search warrant the officers effected the traffic stop. The investigation revealed that the narcotics officers had received information from an informant and had the defendant under surveillance for a number of hours. More than enough time to obtain a search warrant.

The investigative efforts also uncovered information that the lead narcotics officer had been transferred out of narcotics shortly after the arrest because of disciplinary reasons.

The information was presented to the District Attorney handling the case and it was agreed that the defendant could plead to 10 years in the Texas Department of Corrections, instead of the 35 years that the State was attempting to obtain.

HAIR TESTING FOR NARCOTICS...

An interesting area, and a valuable potential defense tool, is the utilization of hair testing for the presence of narcotic substances. While narcotics in blood and urine remain in the system for a relatively short period of time. the hair can provide a number of interesting aspects.

You can obtain a set time frame when narcotics have been used by the defendant, based upon the growth of the hair. The longer the hair the longer the history.

In the testing of hair, a relatively small section of hair, less than the size of a dime, is obtained from the defendant by the investigator and/or the testing laboratory. The sample is then processed for the presence of narcotics. including but not limited to, marijuana. Cocaine, methamphetarnines. and opiates. Chain of custody is critical and must be documented.

The lab report may come back with a report of no presence of narcotics found in the hair. If narcotics are found the lab will be able to document the approximate time of usage based upon the growth of the hair.

Keep in mind that to determine usage at the time of an offense you will have to allow three to four weeks before obtaining the hair sample. This allows the hair to grow and insure that enough growth of the hair has taken place so that a proper sampling can be obtained.

The cost of the test is affordable in most cases. If you have any questions on the testing of hair contact Kevin Templeton at Gradoni and Associates.

POLICE PROFILING IN HARRIS COUNTY? MARCH 2001

Can this be possible these days? It sure can and is occurring everyday by members of the Harris County Organized Crime Unit and Narcotics strike force.

This came to light on a possession of a controlled substance case that was investigated as a result of an appointed case. During the course of the investigation one of our investigator's was canvassing the neighborhood in which the defendant was stopped for an "apparent traffic violation".

During the canvas a black male asked the Investigator for help in finding his car. During conversation with this individual the investigator was told that the police stopped him one day when he was walking down the street. It was revealed that the individual was searched and made to turn his pockets inside out. The investigator dropped the party off at his residence and noticed a Deputy parked in a driveway a couple of houses away.

As the investigator passed the Deputy. the police canine unit fell in behind the investigator and initiated a traffic stop. It should noted that the investigator is a former Pennsylvania State Trooper with experience in narcotics.

The Deputy emerged from his police unit and asked the investigator for his drivers license and insurance. The investigator did reveal that an investigation was being conducted in the neighborhood, and did tell deputy that he was a private investigator working a case. The traffic stop occurred in the vicinity of the defendants traffic stop and low and behold by the same deputy.

The investigator, the defendant and the witness are black males of different generations. in a predominantly black section of town where narcotics are allegedly being sold. The Deputy demanded to know if the investigator knew the party that was dropped off and what they were doing.

The investigator was asked by the Deputy about the investigator's work assignment and was told that it was "confidential". During the course of the traffic stop investigator asked the Deputy the reason for the traffic stop. The Deputy replied to the investigator and stated "that it was confidential". The reason for the traffic stop was never provided. The investigator had a tape recorder operating and recorded the traffic stop.

The defendant's attorney was immediately advised what had occurred and arrangements were made for the investigator to testify before the Grand Jury. The investigator remained at the Grand Jury for several hours and was never called. According to the defense attorney, "the Grand Jury did not want to hear about racial profiling and traffic stops without probable cause". Further a comment was generated by a Grand Jury member that dealt with the police profiling and why that would matter in the case, adding that the defendant did have narcotics when the traffic stop was made.

Yes, profiling is taking place in our community. This is not the only case that has been investigated involving the same Deputy by Gradoni and Associates regarding questionable practices.

In a Civil Matter, Gradoni and Associates were asked to conduct a complete and thorough background investigation on a jury pool made up of sixty jurors.

The assignment was given to us late on a Friday afternoon. The client required the results first thing Monday morning before the jury selections took place.

A team effort was undertaken with many of the investigators willing to work over the weekend to see that the task was accomplished.

Within the forty-eight hour period of time, a massive amount of data was collected on each juror, which included criminal history, litigation history and assumed name filings. The client was provided with two binders that contained the records related to each juror including photographs of each jurors residence.

During the course of the research potential jurors were found to have criminal histories. previous civil litigation, and indications that may have raised issue whether or not the juror would he pro-plaintiff or pro-defendant. Important issues in a civil matter.

Obviously, this is the civil arena, and the question arises whether or not juror profiling could be used in the criminal sector. It depends on the case and how much notice is given of the juror pool members. It is a task that can be undertaken with the proper coordination and agenda being set.

While it would not be practical to do this for each and every jury trial. certain types of cases could benefit in the jury selection process. We understand that this effort would be requested on short notice, but attorneys can coordinate with a case manager to get the task accomplished.

We are willing to go that extra mile in assisting you in every aspect of your case and will provide you with accurate and important data about the juror pool. It paid off in the civil case!

ADDITIONAL SERVICES INCLUDE:
Witness backgrounds– looking at both the civilian witness and the law enforcement officer to determined credibility and areas where testimony can be impeached.

Jury Work Ups– know your jury. How do they profile'?

Pre-sentence Investigations— documentation to help the client obtain probation or a reduced sentence, if convicted.

Why should the State's PSI be the only record used by the Court. Typically the PSI is slanted against the defendant and very one-sided. There is another side!

Surveillance efforts in criminal defense can assist in determining lifestyle, habits, affiliations of State's witnesses that may be crucial to the States case.

These surveillance efforts are documented on video tape and detailed in a report for potential use during the impeachment of a witness.

Many times this has been beneficial in criminal defense cases. In one case the main witness to an alleged kidnapping/murder was placed under surveillance over a several day period of time. His place of employment was determined, his drinking habits were documented along with the hours that he maintained during the week before the trial. Guess what happened, he lied on the stand about his activities.

The jury came back with a guilty verdict on the murder and did not convict him on the capital murder case he was facing. A poll of the jurors indicated that the Slate's "star" witness was not completely believable once he was caught up in his lies. A bittersweet victory for the defendant who was spared from a reservation in the death chamber.

Should surveillance be utilized in your case? Think about it

A FINAL NOTE...

DRIVING WHILE ?????

Late one evening, an officer was parked outside a local pub. He noticed a man leaving the bar who was so intoxicated that he could barely walk. The man stumbled around the parking lot for a few minutes with the officer quietly observing.

After the intoxicated man had tried his keys on five different vehicles, he managed to find his car and fall into the drive's seat. He sat there for a few minutes as a number of other patrons left the bar and drove off. Finally he started the car, switched the wipers on and off. flicked the indicators on. tooted the horn, and then finally switched on the lights. He remained stationery for a few more minutes as more cars left the parking lot.

After what seemed like an eternity, he pulled out of the lot and started to drive slowly down the road. The police officer. having patiently waited all this time, now started up the patrol car, put on the flashing lights. promptly pulled the man over, and carried out a breathalyzer test.

To his amazement the Breathalyzer indicated no evidence of the man having consumed alcohol at all! Dumbfounded, the officer said "I'll have to ask you to accompany me to the police station; this equipment must be broken." "I doubt it." said the man. "tonight I'm the designated decoy.