"It Doesn't End With The Videotape"
During the course of an investigation when devastating video evidence is obtained of a
subject, the job of the investigator is not complete. Equally important is the way the
investigator presents the obtained evidence in court. Investigators who do not devote
valuable preparation time for trial, or do not maintain valuable records, often lose
their credibility to the jury no matter how devastating the evidence is.
At Philip D. Smith and Associates, our investigators are trained in providing their
testimony in a professional and credible manner. All of our staff have spotless
backgrounds and impeccable training which adds to our credibilty as witnesses.
One further issue that cannot be ignored is the chain of custody of evidence.
At Philip D. Smith & Associates, upon completion of the surveillance, the 8mm
videotapes are filed in a locked storage facility. The President and Vice President
of the company are the only individuals who have access to the tapes. Also, the
original investigative logs are maintained in a secured area in anticipation of
future litigation.
The staff at Philip D. Smith & Associates strive to provide clients with excellence
in all facets of the investigative process. This process includes the pre-surveillance,
surveillance, investigation log compilation, report writing, maintaining of the evidence
obtained and testifying at trials. The following case study illustrates the use of
our procedures.
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| Case Study: Liability |
"If Only I Could Garden Again"
An assignment was received to conduct surveillance on an individual who allegedly sustained
a dibilating neck and back injury as a result of a motor vehicle accident. As a result of
the accident the Claimant reported that her physical activities were severely limited and
that she could no longer partake in gardening. During the course of surveillance the
subject was observed performing the following activities:
- The subject was observed carrying a tray of plants and flowers.
- The subject was viewed sitting on the ground and bending at the waist numerous times
while performing various gardening tasks.
- The subject was observed watering the plants with a two-gallon water jug while moving
small buckets of soil around her yard.
- Upon completion of the gardening tasks, the subject was observed weed-eating her
entire yard.
- Following her yard work, the subject was viewed travelling to a second residence
where she proceeded to weed-eat the entire lawn.
During the course of the surveillance, approximately one hour of videotape was obtained
of the subject.
Upon completion of the surveillance, the evidence obtained was documented and then
secured in order to preserve the chain of custody.
Approximately one year following the surveillance, the investigator who worked on
the case was asked to provide testimony regarding his observations.
Prior to trial, the investigators were provided with copies of their original
investigative logs along with a copy of the obtained videotape. The investigators
then thoroughly reviewed their investigative materials. Upon completion of the
presentation of the video evidence at trial, the Claimant received no compensation
whatsoever in her suit.
Following the trial, our client felt that the final decision was arrived at not
only due to the video evidence obtained, but also as a result of the investigators'
presentation of the evidence. Our client reported that the investigators' thorough
preparation was obvious, which added to our complete credibility.
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