by dana sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/cfi...by bryan barlow, cfi 6...

16
Publication from the International Association of Interviewers | 2019 ISSUE 2 | © 2019 International Association of Interviewers certifiedinterviewer.com FEATURED ARTICLE When “Just the Facts” Doesn’t Work: Trauma-Informed Interviewing by Bryan Barlow, CFI ARTICLE Best Practices in Eyewitness Identification Tests by Brian Cutler LETTER FROM THE EDITOR by Dana Sadowsky

Upload: others

Post on 02-Jun-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

Publication from the International Association of Interviewers | 2019 ISSUE 2 | © 2019 International Association of Interviewers certifiedinterviewer.com

FEATURED ARTICLE When “Just the Facts” Doesn’t Work:

Trauma-Informed Interviewing by Bryan Barlow, CFI

ARTICLEBest Practices in Eyewitness

Identification Testsby Brian Cutler

LETTER FROM THE EDITOR byDanaSadowsky

Page 2: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

TABLE OF CONTENTS

4 FEATURED ARTICLE:When “Just the Facts” Doesn’t Work: Trauma-Informed Interviewing by Bryan Barlow, CFI

6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario Tech University andPresident,CoralCoastGroup,Inc.

9 IN MEMORIAL

10 CFI SPOTLIGHT: JAMES DWYER, CFI byJamesB.McLemre,CFI

13 CHAPTER UPDATES CFI ON THE MOVE

14 WELCOME NEW CFIs

15 VIDEO OF THE QUARTER by Chris Norris, CFI

16 LETTER FROM THE EDITOR byDanaSadowsky

Page 3: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

The2019EliteTrainingDaysjustwrappedatChico’sHeadquartersinFortMyers,Florida.Thefacilitywasoutstandingaswellasthehospitalityshownto the group. Those of youwhowere present know the quality of thespeakersandthegreatcontinuingeducationthatwasprovidedoverthetwodayevent.I’dliketosayaspecialthankyoutooureventsponsorsandexhibitors.

PlanningisalreadyunderwayforEliteTrainingDays2020.TheeventwilltakeplaceonApril1-2,2020inNashville,TN.Staytunedformoredetails!Ifyouhavesuggestionsforpresentersoratopicthatyouthinkmightbeinterestingtothegroup,pleasepass italongtoeithermyself or Wayne Hoover,CFI.

IamlookingforwardtoseeingeveryoneattheNationalRetailFederationLossPreventionConferenceinAnaheimJune11th-14th.Thisconferencepromisestobeanotherwonderfullearningexperienceandanopportunitytonetworkwitholdandnewfriendsandacquaintances.

IfyoucanmakeittoNRFinCaliforniainafewweeks,IhopeyouwillplanonjoiningWZandpartysponsorsforTHEPARTY!ThefestivitiesbeginonJune12,2019at10PMandcontinueuntil2AMattheRumbaRoomLive,whichisjustashortwalkfromtheareahotels.Youdon’twanttomissthis!JustbringyourNRFBadge,abusinesscardorprintedinvite,plusasmiletogetinandjoinusforawonderfultime.

Welookforwardtoseeingyouthere!

DavidE.Zulawski,CFI,CFEChairmanoftheAdvisoryBoard

LETTERFROMTHECHAIRMAN

IAI ADVISORY COMMITTEEJamesBallard,CFI,[email protected]

BryanBarlow,CFI,[email protected]

DonBerecz,CPA,CFE,CFI,GeorgiaSouthern [email protected]

RayCotton,CFI,[email protected]

EricChase,CFI,[email protected]

Joe Davis, CFI, [email protected]

DanDoyle,CFI,[email protected]

WayneHoover,CFI,[email protected]

CaryJones,CFI,[email protected]

DavidLund,CFI,Dick’[email protected]

RickManning,CFI,FBI(Ret.)[email protected]

DebbieMaples,CFI,Gap,[email protected]

MikeMarquis,CFI,[email protected]

Dr.DavidMatsumoto,[email protected]

StevenMay,CFI,[email protected]

[email protected]

JohnMillner,CFI,IllinoisStateSenator(Ret.)[email protected]

MelissaMitchell,CFI,[email protected]

WalterPalmer,CFI,[email protected]

KathleenSmith,CFI,Albertson’[email protected]

Shane Sturman, CFI, [email protected]

MarkSullivan,CFI,[email protected]

AlanTague,CFI,[email protected]

DouglasWicklander,CFI,WZ(Ret.)[email protected]

DavidZulawski,CFI,[email protected]

Page 4: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

CFInsider |P4

Continued...

Interviewers across all sectors often encounter traumatized individuals when we are conductinginvestigations. Policeandpublicsector investigatorsdeal with crime victims and their families. Private sector investigatorsmayneed togather informationfrom survivors of workplace violence or survivors ofharassmentinanyform.HRprofessionalswillbetalkingtopeopledealingwithtraumaticevents intheir livessuchas lossofa lovedone,catastrophicaccidentsordebilitating illnesses. Anyof theabove scenariosmay leave the individual who experienced themtraumatized.

As interviewers, our goal is to gather all the available informationaboutaparticularincident.Wefocusonwho,what,when,where,whyand how. This focusis inherently logicaland rational. Theproblem is, forsurvivors of traumatic incidents, logicand rationalitydon't always apply due to the effect of traumaon the brain. Often in these cases the survivor willdemonstrate the hallmarks we have been taughtto look foras signsofdeception, suchas inability todeliver a coherent narrative, lack of consistency inrecountinganeventandrememberingvitaldetailsata laterdate. It isvital for interviewerstounderstandthe effect of trauma on the brain and adjust theirinterviewing style accordingly: the trauma survivor'simpressionofthe interviewerwillaffectnotonlytheirparticipationintheinvestigation,butalsotheirabilitytorecoverfromthetrauma.

When a person is traumatized, the brain takes self-protectivemeasures. Theamygdala(theemotionalreactioncenterofthebrain)releaseshormonesthatincrease stress and energy levels (adrenaline andcortisol) as well as hormones that dull physical andemotionalpain(opioidsandoxytocin).Thehormonesfloodtheprefrontalcortex(therationalthoughtcenterofthebrain)whichleadstothetraumatizedindividualactingonthefight/flight/freezeinstinct.Thebraintakesthisactionsoourmindscanhandletheoverwhelmingstress we may be facing, but this hormone release has further implications. This hormone floodalsoaffectsthestructuresinthebrainthatformmemory:sowhenthe trauma survivor recalls an event, they remember

sensory and emotional fragments because thosestructuresdon'tputthesensoryandemotionalimagerytogether in the same way as the non-traumatizedbrain.Traumasurvivorsdon'trememberitinalogical,sequential manner; they remember sensory andemotionalfragments.Whenaskedwhathappened,the trauma survivor often won't be able to answerwho,what,when,where,whyandhowbecausethatrequires the brain to engage the prefrontal cortex,which was overloaded at the time of the trauma.Thereforewecan'ttreattraumasurvivorsaswitnessesto their own trauma. Rather, theyexperienced the trauma, soweshouldask sensoryandemotional,orexperientialquestions.

Traumaoftencausesalossofcontrolandpowerforthe trauma survivor, so interviews should focus onempowering the interviewee. We as interviewersshouldbeempathetic, andaboveall, patient. Thistype of investigation requires taking your time, nottrying to rush. The best practice is for the traumasurvivor to have at least two full sleep cycles priortoan in-depth interview. Questionsand statementsshould be prefaced with a request for permission:"Can I ask you…" or "Can I tell you…" Thismannerof communicating empowers the trauma survivorby giving them choices. Questions should also beopen-ended,andshouldletthetraumasurvivortakethe lead in the conversation. Start with a questionlike "Can IaskyouwhatyouareABLE to remember about the incident?" And, since the traumatizedbrainrememberseventsinsensoryfragments,sensory-basedquestionsactasbrain-basedqueswhentryingtoaccessmemories."CanIaskwhatyouareABLE to rememberaboutwhatyousaw…heard…smelled…tasted…felt…"Thetraumatizedbrainmayalsofocusinoncertaindetailsmorethanothers.Thisfocusmayprove frustrating for the interviewer as sometimestheymayseemtobeunimportant,likeanoiseoranodor. However, rather than steeringaway from theseemingly insignificantdetail,we should lean into it.Ask the trauma survivor to tell youmore about thedetail.Often,gettingthesurvivortofocusondetailsthey deemed important can build a bigger pictureregardingtheoverallincident.Interviewersshouldbe

WHEN “JUST THE FACTS” DOESN’T WORK: TRAUMA-INFORMED INTERVIEWING

by Bryan Barlow, CFI

Page 5: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

CFInsider | P5

preparedtohearwhateverthesurvivorhastosayandfortheinterviewprocesstotaketimeforafullpictureofanincidenttoemerge,asthesememoriesareoftendifficulttoaccessandsometimetaketimetoemergeandareoftenremembereddays,weeksormonthslater.

Interviewing traumatized individuals is difficult. We can't just ask our questions and expect to get an easilyunderstood narrative. When we are interviewing trauma survivors, the basic techniques described abovehavetwomaingoals:togetthebest informationfromasurvivor,andminimizingre-traumatizationduringtheinvestigativeprocess.Memoryisgreatlyaffectedbytrauma,soweasinterviewersneedtoacknowledgethatby focusingon theoverallexperience rather than specificdetails. Beingopen-minded, takingour timeandfocusingontheneedsofthetraumasurvivorwillgreatlyenhanceourabilitytogetagood,informativeinterviewandmitigatetheeffectsoftraumaonthesurvivor.

AdditionalResources:[MediaCo-op]. (2015,Sep.21). TraumaandtheBrain [VideoFile]Retrieved fromhttps://www.youtube.com/

watch?v=4-tcKYx24aALevine,P.(2015).TraumaandMemory:BrainandBodyinaSearchfortheLivingPast.Berkeley,CA:NorthAtlantic

Books.VanDerKolk,B.(2014).TheBodyKeepstheScore:Brain,Mind,andBodyintheHealingofTrauma.NewYork,NY:

PenguinBooks.

APRIL 1-2, 2020NASHVILLE, TENNESSEE

BEVISIBLE,ENGAGEDANDCONNECTEDWITHINDUSTRYLEADERS

2020REGISTRATION REMINDERS HERE

SAVE THE DATES!

Page 6: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

Continued...

CFInsider | P6

Theidentificationofcrimeperpetratorsbyeyewitnesseshashistoricallyplayedaverysignificantroleinsolvingandadjudicatingcrimes.Weplacegreattrustinthememoriesofeyewitnesses.Thistrustisnotunfounded.We are biologically wired to recognize faces. Wecouldnotfunctionwellinourday-to-daylivesifeachtimeweencounteredafamilymember,friend,orco-worker,wedidnotrecognizeherorhim!Indeed,notbeing able to recognize the face of a family member orgoodfriendisanindicationofhealthconcerns.

The conditions underwhich crimes occur, however,may challenge an eyewitness’s well-honed facerecognition skills. In the case of a violent robbery,aneyewitnessmayviewaperpetrator–acompletestranger – for a matter of seconds, under highlystressful (evendangerous)conditions. Alternatively,in the case of a shoplifting event, an eyewitnessmightglanceatastrangerbrieflyinastoreaisleandhave no reason to linger his or her attention on the suspect. Such conditions challenge our abilities toencodefacialfeaturestoadegreenecessaryforlaterfacerecognition.Otherfactorscancompromiseourfacerecognitionabilities.Peoplearemoreaccurateat recognizing members of their own race andmakemoremistakes recognizingmembers of otherraces. The hair and hairline are important cues toface recognition. These cues become inaccessiblewhen the perpetrator wears any kind of hat thatcovers the hair and hairline. The passage of timeleadstoforgettingandincreasedriskoferrorinfacerecognition. Investigators have no control over the conditionsunder which crimes occur. They do, however,have control over the manner in which they obtain eyewitness identifications. Eyewitness identificationsare typically obtained with the use of proceduressuch as show-ups, photoarrays, and live lineups. Ashow-upinvolvesthepresentationofthesuspect(s)toaneyewitnesscloseintimeandproximitytothecrime.Photoarrays involve the presentation of a suspect’sphototogetherwithphotosofnon-suspects(fillers)inordertoascertainwhethertheeyewitnesscanidentifythe suspect among the photo set. Lineups are likephotoarraysbutthepresentationofthesuspectand

BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS

by Brian Cutler, Professor, Ontario Tech University and President, Coral Coast Group, Inc.

fillers is live. Thebestpractices forphotoarraysandlineupsareverysimilar.

Underlying the principles behind best practicesin identification tests is the idea that eyewitnessidentifications are not always based on memory.Aneyewitnesswho ismotivated tomakeapositiveidentificationmaydosofrommemorybutmayalsodosofromsomesortofinferenceprocess(Number3looksmoreliketheperpetratorthananyother)orinfluence(I can tell that the investigator thinks it’s Number 4,so therefore Iwill pick him). Howdowe know thateyewitnessesmakeidentificationbasedoninferenceor influence rather than memory? Considerabledata from field research in criminal investigationsrevealsthateyewitnessestocrimesidentifyfillersfromphotoarrays(photosofpersonswhoarenotsuspects)athighrates.Considertheresultsofareviewof11peer-reviewed,publishedstudiesofcriminal investigationsinof 6,734 identification tests from theUnited Statesand England, as summarized in Wells et al. (see footnote 1). Nearly one of every four identificationtests produced innocent filler identifications. Whenwe focus only on the identification tests thatproducedpositive identifications (excluding those inwhichtheeyewitnessdidnotmakeanidentification),nearly one of every three identifications were ofinnocentfillers. Weknow forcertain that thenearly1,600 filler identifications in these investigationswerenot identifications from memory, for the fillers werenot the perpetrators. Instead, these innocent filleridentificationsweretheproductofsomecombinationofinferenceandinfluence.

Themannerinwhichidentificationtestsareconductedimpactsthelikelihoodthattheeyewitnesswithaweakmemory for the perpetrator will attempt to identifyhim using inferenceor influence. The natureof theidentificationtestalsoimpactsthelikelihoodthatthesuspect–ratherthanoneofthefillers–willbemostlikelytobe identified, regardlessofwhetherthesuspect isinnocentorguilty.Bestpracticesinidentificationtestsaredesignedtominimizebothrisks.

A recent review commissioned by the ExecutiveCommittee of the American Psychology-Law

Page 7: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

Society (AP-LS; Division 41 of the AmericanPsychological Association) identified evidence-basedrecommendationsforreducingtheriskoffalseidentification.Reducingtheriskoffalseidentificationisimportantforseveralreasons.First,falseidentificationsof innocent suspect can launch them on the pathtoward having their civil rights violated and evenwrongful conviction. These unjust outcomes notonly upend peoples’ lives, but they can cost thoseresponsible millions of dollars in civil judgments andsettlements.Second,anytimeaninnocentsuspectisthetargetofaninvestigationandsubsequentaction,therealperpetratorisfreetocommitmorecrimes.Itbehooves all investigators, therefore, to follow best practices in identification tests. The nine evidence-basedpractices identifiedbyAP-LSare summarizedinthefollowingtableandexplainedbelow.Withthegoal of brevity, I have kept my explanations brief.Both the recommendationsandexplanationsof theunderlyingprinciplesarecoveredinmoredetailintheforthcomingscientificreviewpaper1

CFInsider | P7

9 Best Practices in Eyewitness Identification Tests1. Evidence-BasedSuspicion2. Pre-LineupInterview3. Double-BlindLineups4. LineupFillers5. Pre-LineupInstructions6. ConfidenceStatement7. Videorecording8. RepeatedIdentifications9. Showups

The evidence-based recommendation states thatthereshouldbeevidence-basedgroundsforplacingan individual inan identificationprocedure. Theriskoffalseidentificationissubstantialandisevenhigherwhen there is no evidence against the suspect.Further, unlike forensic evidence, which can usuallyberetestedinanotherlab,onceaneyewitnessmakesan identification, that identification contaminatesany future identification tests. Therefore, suspectsshould not be placed in identification proceduresandexposed to the riskof false identificationbasedon hunches, intuition, or guesses. There should beevidentiarygrounds forconductingan identificationprocedure.

Thepre-lineupinterviewrecommendationstatesthatassoonaspracticableafteracrime,aninvestigatorshould document the eyewitness’s description ofthe perpetrator, whether the eyewitness knew theperpetrator or had seem him prior to the crime,

anda thoroughdescriptionof theconditions underwhich the eyewitness viewed the perpetrator. Theinvestigatorshouldalsoinstructtheeyewitnessnottodiscuss thecrimewithotherwitnessesorattempt toidentify theperpetrator throughsocialmediaoranyothermeans.Theideaistoobtainarecordofdetailsso that any potential distortions in the eyewitness’saccounts–includinginadvertentdistortionsthatoccurnaturallyaseyewitnesseslearnnewinformation–canbeidentifiedandaccountedfor–andalsotopreventcontaminationfromotherwitnessesorsocialmedia.

A double-blind identification procedure is one inwhich neither the eyewitness nor the investigator knows inadvanceof theprocedurewhichperson isthesuspect. Theuseofablindinvestigatormakes itimpossible for the investigator to even inadvertentlycue the eyewitness regarding which person is thesuspect.Theuseofadouble-blindprocedurehelpstheinvestigator defend themselves against accusationsof suggestive behavior during an identificationprocedure.Notethatshow-upsarebydefinitionnotdouble-blindprocedures,asthereisonlyonepersonin the identification test, so the suspect’s identity isobvioustoeveryone.

Lineupfillersaretheindividuals(orphotosofindividualsin the case of a photoarray) who are not suspectsbutare includedintheproceduretogetherwiththesuspect. There should only be one suspect in theprocedure.Fillersareincludedsothattheeyewitnesscannoteasilyguessorfigureoutwhichperson is thesuspect(asinthecaseofashowup).Fillersareonlyeffective if theycan reasonablybemistaken for theperpetrator.Thetypicalrecommendationistoincludefillersthatmatchthedescriptionoftheperpetratorasgivenbytheeyewitness.

Pre-lineupinstructionsaretheinstructionsgiventotheeyewitnessbytheinvestigatorpriortotheidentificationtests. The instructions should include certain points.Theinvestigatorshouldnotmakesuggestionssuchastheperpetratorhasbeenarrestedor is inthelineup.Theinvestigatorshouldinformtheeyewitnessthattheydonotknowwhichpersonisinthelineup(inthecaseofadouble-blindlineup),thattheactualperpetratormightnotbeinthelineup,soitisokaytosaytheyarenotpresent, that it isalsookay tosay“don’tknow,”that they will be asked how confident they are inanydecision,andthattheinvestigationwillcontinueevenafterany identification ismade.The ideaisto

1 Wells et al., see apadivisions.org/division-41/index, for the mostrecentdraft.

Page 8: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

CFInsider | P8

reducepressureontheeyewitnesstomakeapositiveidentificationandtoencouragetheeyewitnesstorelyontheirownmemoryandnotlooktotheinvestigatorforcues.

Theconfidencestatementrecommendationistoassessandrecordtheeyewitness’slevelofconfidenceinanidentificationimmediatelyaftertheidentificationandbeforetheeyewitnessisprovidedwithanyinformationthat could validate or invalidate their identificationdecision.Thatisthelevelofconfidencethatismostpredictiveofidentificationaccuracy.Theeyewitnesswill inevitably learn additional information, such aswhether theypickedout thesuspect,whether thereisanyadditionalevidenceagainst thesuspect,andwhetherthesuspectwillgotocourt.Suchvalidatinginformation inflatesconfidenceandcreatesa senseoffalseconfidence.Itisthereforeimportanttoassessand preserve the eyewitness’s confidence level atthe time of the identification. Confidence can beassessedwithaquestionsuchas,“Onascalefrom0to100,with100beingthehighestlevelofconfidence,howconfidentareyouinyouridentification?”

Thevideorecordingrecommendationistorecordtheentire eyewitness identificationprocedure, includingpre-lineup instructions, the procedure itself, and theassessmentoftheeyewitness’sconfidencelevel.Thevideo recording increases accountability and helpsthe investigator defend against specious claims ofusingsuggestiveprocedures.

Therearemultipleproblemswithconductingrepeated

identification procedures with the same eyewitnessand same suspect, so such repeated proceduresshould be avoided. Eyewitnesses remain consistentin their identificationsevenwhen incorrect. Further,seeingthesamesuspectintwodifferentidentificationprocedures is itself a cue thataneyewitnesswithaweakmemory for theperpetrator can use to figureoutthesuspect’sidentity.

The final recommendation is to avoid showups.Showupsare sometimes necessary, suchaswhenasuspect isapprehendedclose in timeandproximitytothecrime,andthe investigatorneedstoestablishprobable cause for arresting the suspect. Showupsare inherently suggestive as they do not use fillers.Once an eyewitness identifies a suspect from ashowup,anyfutureidentificationtestiscontaminatedbytheshowupidentification.Ifprobablecausecanbe established without the showup, consider notconducting the showup and instead conducting aphotoarrayorlineuptestlater.Or,iftherearemultipleeyewitnesses,conducttheshowupwithoneandsavetheothers for better identification tests. If a showupis necessary, use the recommendations above asappropriate.Photographicshowups(thepresentationofasinglephotoofasuspecttoaneyewitness)shouldbeavoidedandreplacedwithshowups.

Insummary,thenineevidence-basedpracticeshereshouldhelptoreducetheriskofmistakenidentificationsof innocent suspect and keep investigators on thepath toward apprehending the guilty suspect. Useoftheserecommendedpracticeswillalsostrengtheneyewitnessevidenceinproceedings.

Page 9: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

CFInsider | P9

ChristopherThomasAyeofGreensboro,devotedandlovinghusband,fatherandmusician,passedquietlyinhishomeonMay7,2019.

Born in Saint Louis,Missouri andagraduateof Saint Louis UniversityHigh School, he remained life-long friends with his classmates. HeattendedWebsterUniversity,SouthernIllinoisUniversityatEdwardsville,andNorthwesternUniversityformusicperformanceasatrombonist.

Hechangedprofessionsearly inhiscareerandjoinedRalphLaurenCorporationin1997.Duringhis22yearswiththeCompany,Chrisworkedacross the globe within Asset Protection supporting the corporateoffices,storesandthedistributioncenters.Hewasacalmingpresencewithakindsmile.Histhoughtfulness,humilityandpassionforbothhisteamandforthebrandinspiredallwhoknewhimonadailybasis.

HecontinuedhisloveofmusicperformanceplayingthetromboneintheBurtMassengaleOrchestra,FriendlyAvenueBaptistChurchOrchestra,GreensboroPhilharmoniaandNewSouthBrass.

Chriswaskindandgenerouswithhistimeandknowledge,supportiveofhischildren’syouthmusicprogramsandgivingtheneighborhoodchildrenattheYMCApointersonproperexercisetechnique.

Hewasalsoverywellknownforhisoff-beatsenseofhumorandhisbigsmile.Henevermissedanopportunitytomakesomeonesmile.

Chris issurvivedbyhiswife,PeachesNicholson-Ayeandtheir twodaughters,BriannaC.andMadisonE.Aye.Heisalsosurvivedbyhismother,ElinorResslerAyeofQuarryville,PA,andsiblingsJenniferJ.KillianofMarysville,PA,PeterN.AyeofTuscon,AZ,ClaudiaC.AyeofYork,PAandPauletteM.AyeofAlexandria,VA.Heisalsosurvivedbysixniecesandnephews.Hisfather,JamesM.AyeofCollinsville,IL,precededhimindeath.

In Memorial

Page 10: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

CFInsider | P10

Spotlight CFI

by James B. McLemore, CFI Journal Committee

CFI of the Year WinnerJames Dwyer, CFI

This CFInsider edition spotlights James Dwyer ofGap Inc. James is Florida native, but has had theopportunitywithGapInc.toresideinTexas,Californiaand the Washington area. James has experiencedthe responsibility of multiple roles in loss preventionincludinghourlyagentpositions,districtandregionallevel responsibilities. He is currently focusing oninternal investigations as a Global InvestigationsManagerforGapInc.JamesconstantlyreflectsonhisexperiencesthatwerecrucialtohisgrowthasaGlobalInvestigationsManager.JameswasalsotherecipientoftheCFIoftheyearandreceivingthisappointmentattheIAIEliteTrainingDay2019inFTMyers,FL.PleasetakethetimetolearnalittlemoreaboutJamesinthisspotlight editionas questions range fromhis career,focus,currentevents,andafewfunfacts.

Editor: What lead you to a career in loss prevention? After graduating college, I had plans to enter law enforcement as many other loss prevention executives in the industry. I had gone through the police academy and was in the process of applying for different law enforcement agencies when my neighbor at the time who worked with Target told me that I should apply for an available hourly loss prevention position there while awaiting responses

from the different agencies. I did, and never turned back from LP. That start lead me to all different roles from an hourly agent to district and regional level roles, and finally Global Investigations Manager where my passion is focusing on investigations and, most importantly to me, the art of the interview.

Editor: When did you receive your CFI designation and how did you integrate the practical application into your scope of work as an investigator? I received my CFI designation in 2012 after taking on the Area Investigator role for Old Navy in the Western Territory. My role at the time was focused solely on leading the efforts around combating internal theft and fraud. This included supporting a District Team of loss prevention professionals. As such, the CFI designation was critical to my success. Not only had I established myself as a leader in the internal investigations arena with my peers, I now had the industry gold standard designation for conducting internal interviews. This greatly assisted not only myself when conducting interviews, it also boosted my confidence when teaching and training the team on how to be effective during an internal interview while gaining truthful admissions.

Editor: When you were notified by IAI of being a contender of receiving the CFI of the year; what went through your mind and how did you react? I was very humbled. I actually reached out to my leader, Justine Venezia, and asked why I was nominated! The long and short of it was all of the amazing work produced by our team over the last year, that work was done by all of us from our Director Matt Brenner, to Senior Manager of Investigations Justine Venezia, to Manager of Investigations Michelle Anderson and the other Global Investigations Managers Martin Medina, Donny Lynch, and Peter Lopata. As such, it was shocking and humbling to receive the nomination as we always work as a team. This recognition is just as much theirs as it is mine.

Editor: What experiences lead you to being nominated and receiving the CFI of the year? I have been in the role now for two years, with vastly different experiences. Year one, I focused on what was delivering results to a bottom-line perspective. In addition, that year was also about supporting the field through trainings sessions both virtual and in person.

Year two, I was still focused on delivering results; but I was more eager to take on the difficult investigations and interviews. I wanted to challenge myself by going after those investigations and interviews that may have a lot of moving parts of complexity; involve leadership or high dollar value cases are a rush though I always focus on change agent and team support. I consistently ask myself; What can we as a Corporate Support Function do differently to help the

Continued...

Page 11: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

Quote of the Quarter Education is the most powerful weapon which

you can use to change the world.Nelson Mandela

CFInsider | P11

field, are there barriers we could take down, is there a new program we could implement that would support them, how do we harness agility and build for the future? I am extremely thankful that I work on a team that not only listens to ideas, but then allows us to work together to make them happen.

Editor: Most career professionals have mentors in their life both personal and professional. Do you have a mentor and what return do you receive from having one? Yes, I have had a few mentors throughout my career. Mentors are extremely important to one’s development, but they need to be chosen carefully. I see them like a priest, someone you cannot lie to and must be brutally honest with you. To be able to have that kind of relationship, which in the end will help you grow, requires that you two must “gel”. Taking a specific mentor just to get from one role to the next is not something I find beneficial for my growth. I seek out the person who has the experiences I want to learn from as well as skill sets I can further develop.

My current mentor is Frank Honey, who has held a myriad of roles in the organization from Reginal Loss Prevention Manager to Manager of Investigations to Director. With that vast experience, Frank offers me an ability to learn and develop in areas I need to while also helping guide my career path. Frank and I also connect really well, as such he has no problem being brutally honest with me.

Editor: Recent Loss Prevention headlines go into detail about prosecution of internal theft cases now involving what some would see as policy violations focusing on company loyalty programs, would you like to weigh in on offering the appropriate approach to prosecution? With our company, having recently adopted a loyalty program independent of any credit card rewards programs, this is something we are beginning to see as a source for internal loss. Three things come to mind when thinking about these types of investigations:

1. What is the potential loss value to the company from abuse of a loyalty program? With the exception of some high value loyalty program fraud, the loss on these types of programs are subjectively small compared to the

other types of internal losses being seen, at least within our organization. From a prosecutorial standpoint, the juice needs to be worth the squeeze.

2. Have the implications been explicitly defined to employees around what abuse of this program would constitute? Do they know they could be terminated for abusing this program? Setting these clear expectations with teams is critical to not only minimize this type of loss but also make them aware that it could potentially be theft.

3. When conducting these investigations and subsequent interviews, is a clear intent to defraud the company or organization defined by the subject’s statements and actions? To even consider prosecution, an overwhelming “Yes” is the only acceptable answer. As loyalty programs are becoming critically important to business results, every one of these interviews should be able to clearly define whether these actions were taken to drive a business result or defraud the company.

Editor: What message would you like to send to the CFI community? Thank You for this recognition. It is an honor to be named CFI of the Year. The CFI designation is one of the most important achievements I have accomplished in my career. I hold its value closely, as I am sure you all do. We are an elite group, the best at what we do.

InconcludingthisSpotlightInterviewwithJamesasidefrom discussing his career path, focusing on careerbuilding through mentorship, and receiving the CFIof the yearwe learneda fewother items. James isanextremeDisneyWorldfan;youcancatchhimandhis daughter there several times a month enjoyingFlightofPassageatAvatarLand,afteralongweekofconductinginterviewsandclosinginvestigationshebuildsLegosets;thisformoftherapyhasnowturnedinto a passion. Lastly, prior to focusing on CriminalJusticeattending FSU Jameshadadreamof sittingat theOscar’swith likesofSpielberg, Tarantino,andScorseseinbecomingafirst-classmoviedirector.

Page 12: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

CFInsider | P12

DOWN THE TOILET

STOP FLUSHING YOUR BUDGET

You could save up to 80% on a more secure, easier to manage

mechanical key system.

Learn how you can stop wasting money on locks and keys!instakey.com/retail | [email protected] | 1-800-316-5397

Mynewbookhasbeenreleased!Peopletellmethatwhattheyreallywanttoaccomplishinlifeistomakeadifferenceinthelivesofothers.Thisbookwillgiveyouthetoolssothatyou canmake a difference in people’s lives every day,right where you are. Most people have never receivedanyformaltrainingonhowtohaveanimpactfulpersonalconversation that inspires others. As an interrogator, Istudycommunication.WhenIusetheReevesConnectionMethod,peopleoftentellme,"Finally,someonewhogetsme!Finallysomeonewhounderstands!"InthisbookyouwilllearnthetechniqueIusetoquicklyconnectwithanotherpersoninameaningfulway.

NEW BOOK

Inspire People to Greatness

by Dale Reeves, CFI

Page 13: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

866.403.9630 www.protossecurity.com

Still looking for the best all-in-one tool for LP Professionals?Even the best LP Pros can lose their edge trying to manage an ever changing guard program without the right tools. Protos is the all-in-one guard solution that combines advanced management & oversight tools, with customer service that is sharper than a double-edged sword.

Relax... We’ve got your back! Call and see for yourself why the nation’s most successful loss prevention managers rely on Protos Security.

CHAP T E R UPDATESCFInsider |P13

NORTHEAST CHAPTER The Northeast Chapter held its last meeting onApril 9, 2019 from 1PM to 4PMat UrbanOutfittersHQ in Philadelphia, PA. Speakers included DaveThompson, CFI, VP of Operations at WicklanderZulawski who presented on “ORC Interviewing,”Mike Tazedait, CFI from T-Mobile who presentedon “Beyond the Interview” and Dusko Petkovichfrom Axiom Partners who presented on “ActiveShooterPrep&Response.” TherewasalsoabriefpresentationbyJeffTeator,CFI(meetinghost).

MIDWEST CHAPTERThe Midwest Chapter held its last meeting onWednesday, May 22, 2019 from 10AM to 2PM attheCCROCFacilityinNorthRiverside,IL.Speakersincluded Wayne Hoover, CFI, Senior Partner atWicklander Zulawski who presented on “ORCInvestigative Interviewing” and Josh McAfee oftheMcAfee Institute presented on “Social MediaInvestigations.” Lunch was sponsored by IAI’ssponsor,ProtosSecurity.

C F I ON THE MOVE

Randy Guarneri, CFE, CFI has been appointedVicePresidentof LossPreventionwithFreshValueSupermarkets.RandywillreportdirectlytotheCEOinhisnewposition.Duringhistwenty-fouryearsinAssetProtection/LossPrevention,RandyhasheldvariousLossPreventionandinvestigativepositionsincludingDirector,RegionalLossPreventionManager,DistrictAsset Protection Manager, Market Investigator,District Auditor and Loss Prevention Manager forWinn-Dixie, Harris Teeter, Belk, Saks Fifth Avenue,FamilyDollarandEZPAWN.HeholdsaBachelorofArts in Sociology from College of Charleston with a specializedminorinCriminalJustice.

Page 14: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

Welcome NEW CFIsMARCH 2019 TravisAllen,SeanCaliff,MarkConachen,TheresaGreenlee,JerryKline,JohnLanzon,GregoryLindo,JohnMaze,ChristinaNolin,AmandaPoynter,JohnRoaix,SaudSanady,MatthewWalbright,EricWilliams

CFInsider |P14

APRIL 2019 CalebBlank,CodyDuncan,AaronJarvis,JamieKacprowski,WilliamLehman,AndrewMeyers,JasonMilne-Davies,AdinaPalinsky,CharlesPosey,RichardScholl,MatthewStowe,JosephTrance,PierreWallace

MAY 2019 NicholusCook,NicholasFoster,BrittanyFritz,KatrinaGoodman,ChristianHuenke,JamesKriston,WeixinLi,AlcidesMariano,AlbertoObregon,WilliamQuandt, Elvira Saracevic, Ronald Skrip,Nicholas Stine, BryanWiles,GailWilson,WilliamWright

Page 15: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

CALL FOR ARTICLES

The CFInsiderJournalisdistributedinelectronicformatonly.Youcanviewbackissuesofthisnewsletter,CLICKHERE.

ABOUT CFInsiderOpinionsandideasinCFInsiderareintendedforinformationonlyandnotmeanttobeusedaslegaladvice.StatementsoffactandopinionsmadearetheresponsibilityoftheauthorsanddonotimplyanopiniononthepartofIAI,itsofficers,theeditorsoritsmembers.MemberarticlesaboutinterviewandinterrogationpublishedinCFInsiderqualifyforContinuingEducationCredits.Shouldyouhaveanyquestionsonobtainingre-certificationforyourCFIdesignation,please,CLICKHERE tocontactIAI.

HELPFUL LINKSCFIDesignationRenewal,CLICKHEREandlogintoyourprofile.

CFIsintheMedia,VIEWHERE.WanttoJoinaCommittee?MOREINFOHERE

THANKYOUTOOUR SPONSORSDIAMONDSPONSOR

Clickonoursponsors’logostovisittheirsite.

SILVERSPONSORS

Video of the Quarter Best Timing for the Interviewby Chris Norris, CFI

CFInsider | P15

Page 16: by Dana Sadowskycertifiedinterviewer.com/wp-content/uploads/2019/06/CFI...by Bryan Barlow, CFI 6 BEST PRACTICES IN EYEWITNESS IDENTIFICTION TESTS by Brian Cutler, Professor, Ontario

LETTERFROM THE EDITOR

EDITORSJosephNay,CFI,[email protected]

CaryJones,CFI,[email protected]

StefanieHoover,CFI,[email protected]

WayneHoover,CFI,[email protected]

DanaSadowsky,[email protected]

CFINSIDERJOURNAL COMMITTEEJosephCarteret,CFI,[email protected]

Joe Davis, CFI, [email protected]

LarryHughes,CFI,[email protected]

ShaneJennings,CFI,Music&ArtsCenters,[email protected]

PaulJoeckel,CFI,[email protected]

Kevin Larson, CFI, [email protected]

John Lowrey, [email protected]

MarkLukens,CFI,[email protected]

JDMauricio,CFI,[email protected]

JamesMcLemore,CFI,[email protected]

MichaelReddington,CFI,[email protected]

BenjaminRobeano,CFI,[email protected]

GregSharp,[email protected]

Kevin Stone, [email protected]

AlbertoTesta,CFI,[email protected]

SonjaUpchurch,[email protected]

SteveWelk,CFI,Barnes&[email protected]

JoeWojcik,CFI,[email protected]

Elias [email protected]

DavidZulawski,CFI,CFE,[email protected]

CFInsider | P16

Iwouldliketostartoffbysaying“thankyou”toeveryonewhocameoutforEliteTrainingDays2019inFortMyers,Florida.IAIistrulythankfulforthegenerousfacilityChico’sprovided.WekickedoffourfirsteverWZMasterClass this yearand the feedbackhasbeennothingbutpositive. Staytunedfordetailsfornextyear’sMasterClass!IAIalsohadamazingeventsponsorsaswellasexhibitors.I’dliketogiveaspecialshoutouttoIAI’ssponsors: CONTROLTEK,DTiQ, InstaKey,ProtosSecurityandWZ for theircontinuedsupport.WelookforwardtoeveryonejoiningusinNashville,TNnextyearforEliteTrainingDays2020onApril1-2,2020.Registrationwillbeopeningsoon.Youmaysignuptoreceivearegistrationreminderat www.certifiedinterviewer.com.

AsIwentthroughthisissue,ItooknoteofalltheaccomplishmentsCFIshadthisquarter.JamesDwyer,CFIwasnamedCFIoftheYearatEliteTrainingDays.RandyGuarneri,CFI,CFEwaspromotedtoVicePresidentofLossPreventionwithFreshValueSupermarkets.DaleNormanReeves,CFIandTomMeehan,CFIbothreleasednewbooks.ItissoexcitingtoseehowCFIscontinuetopromoteandgrowthedesignation.IencourageallCFIstosharetheirachievementswithussowecanincludethemintheCFInsider. TheCFIcommunityalsoexperiencedalosswiththesuddenpassingofChrisAye,CFIfromPoloRalphLauren.HewasadmiredbymanyandknownasaverybigsupporterofWZandtheCFIdesignation.Ourcondolencesare with his family, friends and colleagues during this difficult time. Inclosing,Iwouldliketotakeamomenttosaygoodbyetoyou.IwillbemovingontoanotheropportunityoutsideofIAIattheendofJune.IwanttothankalloftheCFIs,IAImembersandIAIsponsorsfortheirsupport,especiallywhenIfirststarted.Iwasnewtotheinterviewingcommunity,buteveryonewasverypatientandunderstanding. For thoseofyou Ihavemetandtalkedwith,pleasekeepincontactthroughLinkedIn.IfyouareamemberorCFIandwehavenotspoken,Iamsorrywedidnothavethechance.Thankyou for thepast three (almost four)years. If youneedanythinggoing forward,please reachout to WayneHoover or MadisonWrobel.

Sincerely,

DanaSadowskyAssociationManager