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The Sound of Pursuit Podcast... "The Dome" and "The Beard"
Mar.31.2023
If you thought there was no more space for another PI Podcast, you were mistaken… John Nardizzi and Hal Humphreys are on point with The Sound of Pursuit, our podcast on the life and the work of private investigators, including tools and techniques, interviews with fellow investigators, and reflections on the calling.
Judge tosses out Raymond Gaines' 1976 murder conviction...
Dec.22.2022
This one came unexpectedly at the end of December, and we are trilled to see Ray Gaines out and about Boston (and shopping at the same hat shop as the owner of this PI firm). Ray's case involves a critical and disturbing juncture of Boston.
Gaines was sentenced to life in prison for the 1974 armed robbery and murder of Peter Sulfaro, the owner of a shoe repair shop in Roxbury. The defense investigation showed the witness identification of Gaines was "...the result of unduly suggestive police procedures". Errors included multiple viewings of photo arrays; police telling a witness he "picked the wrong people" - and then showing the same array with only the new suspects added. Newly discovered Brady material including Boston police records showing Det. Peter O'Malley arrested "drug shooting gallery" operator David Bass even while securing Bass's false affidavit (Bass faced criminal charges even while testifying against Gaines). Bass himself later recanted his testimony against Gaines in 1990. "The Commonwealth did not disclose the Bass affidavit for nearly 30 years--despite its obligation to do so."
Gaines was sentenced to life in prison for the 1974 armed robbery and murder of Peter Sulfaro, the owner of a shoe repair shop in Roxbury. The defense investigation showed the witness identification of Gaines was "...the result of unduly suggestive police procedures". Errors included multiple viewings of photo arrays; police telling a witness he "picked the wrong people" - and then showing the same array with only the new suspects added. Newly discovered Brady material including Boston police records showing Det. Peter O'Malley arrested "drug shooting gallery" operator David Bass even while securing Bass's false affidavit (Bass faced criminal charges even while testifying against Gaines). Bass himself later recanted his testimony against Gaines in 1990. "The Commonwealth did not disclose the Bass affidavit for nearly 30 years--despite its obligation to do so."
Hunt for Justice - Intermountain PI Podcast
Jan.16.2021
Great to be in conversation with my friend, acclaimed PI Scott Fulmer, on his excellent podcast series, Intermountain PI Podcast, recorded from the crossroads of the west in historic Salt Lake City. We talked about my team's two recent exonerations of Gary Cifizzari and James Watson. As he writes: "We go from Boston to San Francisco’s Tenderloin District on a hunt for justice with private eye John Nardizzi. We make a brief pit stop afterwards and discuss his first boss, the legendary PI Jack Palladino who was senselessly killed recently. Plus, we look at Telegraph Hill, the critically acclaimed neo-noir mystery John wrote featuring fictional private eye, Ray Infantino."
John Nardizzi presented at WAD 94th Annual Conference Stockholm Sweden
Aug.31.2019
John Nardizzi spoke about wrongful convictions at the World Association of Detectives 94th Annual Conference in Stockholm, Sweden. Headcount of raucous crowd shows Mr. Nardizzi outdrew ABBA tribute band.
"Breaking up is never easy, I know, But I have to go
Knowing me, knowing you It's the best I can do…"
"Breaking up is never easy, I know, But I have to go
Knowing me, knowing you It's the best I can do…"
It is over: No retrial for client in Lowell blaze
Sep.16.2017
Client Victor Rosario, who spent over three decades years in prison before convictions for arson and eight counts of murder were overturned, will not be retried according to the District Attorney Marian Ryan. Superior Court Judge Kathe Tuttman overturned Rosario's convictions in 2014, based partly on new forensic science cast doubt on whether the fire was actually arson as well as other factors in our re-investigation of the case.
Mr. Rosario is now married and works as a minister in Dorchester.
Mr. Rosario is now married and works as a minister in Dorchester.
Investigation underway in Navajo Nation Toxic Spill
Jan.01.2017
Last month, the Navajo Nation demanded the federal government pay $162 million to cover damages caused by the Gold King Mine spill. Citing the Federal Tort Claims Act, the nation said the toxic spill turned the San Juan River sickly orange color and continues to disrupt ranchers and farmers in the Native American nation. The toxic spill is believed to contain heavy metals, including arsenic, mercury and lead.
Private investigators are often called upon in these cases to document the damages via extensive witness interviews as well as determine causation. Environmental cases are massive undertakings, with fact-gathering requiring the identification of witnesses at multiple properties over the course of decades. The spill is just the latest affront to the burgeoning Native American environmental movement.
“The spill disrupted the Navajo Nation’s economy and damaged the people and environment in numerous ways,” the nation said in the claim letter. “It fundamentally altered economic, cultural, ceremonial and spiritual practices that support the Navajo way of life.”
The EPA allegedly had documented signs of trouble for many years, but did nothing to prevent the blowout.
“The spill disrupted the Navajo Nation’s economy and damaged the people and environment in numerous ways,” the nation said in the claim letter. “It fundamentally altered economic, cultural, ceremonial and spiritual practices that support the Navajo way of life.”
The EPA allegedly had documented signs of trouble for many years, but did nothing to prevent the blowout.
Privacy, surveillance & civil litigation: a Massachusetts guide for private investigators
Apr.05.2018
The Massachusetts Bar Association hosts a good summary of privacy laws as they apply to video surveillance in Massachusetts civil litigation, including insurance cases. One of the leading cases in Mass. is DiGirolamo v. D.P. Anderson & Associates, Inc., The court wrote that investigators may generally observe, or photograph a person in public places. A gray area arises when a person enters the privacy of their own home. The court looked at 4 scenarios as to whether a private investigator violates a person's statutory right to privacy:
~ the investigator looks through a window into an apartment with the naked eye;
~ the investigator looks with the naked eye when a person walks out onto a balcony;
~ the investigator photographs, or looks at the person on a balcony with enhanced vision;
~ the investigator photographs or looks at a person inside the home with enhanced vision.
The Mass. court concluded that only the fourth scenario would constitute an unreasonable and substantial interference with the plaintiff’s right to privacy.
The court adopted the United States Supreme Court’s Fourth Amendment analysis from Oliver v. United States. It also quoted a Second Circuit Court of Appeals’ case United States v. Taborda: “Observation of objects and activities inside a person’s home by unenhanced vision from a location where the observer may properly be does not impair a legitimate expectation of privacy. However, any enhanced viewing of the interior of a home does impair a legitimate expectation of privacy.”
Written by lawyers Joseph M. Desmond & David Viens, this article has some good information on Massachusetts state laws applicable to video surveillance, audio recordings, pretext interviews and pretrial discovery.
~ the investigator looks through a window into an apartment with the naked eye;
~ the investigator looks with the naked eye when a person walks out onto a balcony;
~ the investigator photographs, or looks at the person on a balcony with enhanced vision;
~ the investigator photographs or looks at a person inside the home with enhanced vision.
The Mass. court concluded that only the fourth scenario would constitute an unreasonable and substantial interference with the plaintiff’s right to privacy.
The court adopted the United States Supreme Court’s Fourth Amendment analysis from Oliver v. United States. It also quoted a Second Circuit Court of Appeals’ case United States v. Taborda: “Observation of objects and activities inside a person’s home by unenhanced vision from a location where the observer may properly be does not impair a legitimate expectation of privacy. However, any enhanced viewing of the interior of a home does impair a legitimate expectation of privacy.”
Written by lawyers Joseph M. Desmond & David Viens, this article has some good information on Massachusetts state laws applicable to video surveillance, audio recordings, pretext interviews and pretrial discovery.
Privacy, surveillance & civil litigation: a Massachusetts guide for private investigators
Apr.05.2018
The Massachusetts Bar Association hosts a good summary of privacy laws as they apply to video surveillance in Massachusetts civil litigation, including insurance cases. One of the leading cases in Mass. is DiGirolamo v. D.P. Anderson & Associates, Inc., The court wrote that investigators may generally observe, or photograph a person in public places. A gray area arises when a person enters the privacy of their own home. The court looked at 4 scenarios as to whether a private investigator violates a person's statutory right to privacy:
~ the investigator looks through a window into an apartment with the naked eye;
~ the investigator looks with the naked eye when a person walks out onto a balcony;
~ the investigator photographs, or looks at the person on a balcony with enhanced vision;
~ the investigator photographs or looks at a person inside the home with enhanced vision.
The Mass. court concluded that only the fourth scenario would constitute an unreasonable and substantial interference with the plaintiff’s right to privacy.
The court adopted the United States Supreme Court’s Fourth Amendment analysis from Oliver v. United States. It also quoted a Second Circuit Court of Appeals’ case United States v. Taborda: “Observation of objects and activities inside a person’s home by unenhanced vision from a location where the observer may properly be does not impair a legitimate expectation of privacy. However, any enhanced viewing of the interior of a home does impair a legitimate expectation of privacy.”
Written by lawyers Joseph M. Desmond & David Viens, this article has some good information on Massachusetts state laws applicable to video surveillance, audio recordings, pretext interviews and pretrial discovery.
~ the investigator looks through a window into an apartment with the naked eye;
~ the investigator looks with the naked eye when a person walks out onto a balcony;
~ the investigator photographs, or looks at the person on a balcony with enhanced vision;
~ the investigator photographs or looks at a person inside the home with enhanced vision.
The Mass. court concluded that only the fourth scenario would constitute an unreasonable and substantial interference with the plaintiff’s right to privacy.
The court adopted the United States Supreme Court’s Fourth Amendment analysis from Oliver v. United States. It also quoted a Second Circuit Court of Appeals’ case United States v. Taborda: “Observation of objects and activities inside a person’s home by unenhanced vision from a location where the observer may properly be does not impair a legitimate expectation of privacy. However, any enhanced viewing of the interior of a home does impair a legitimate expectation of privacy.”
Written by lawyers Joseph M. Desmond & David Viens, this article has some good information on Massachusetts state laws applicable to video surveillance, audio recordings, pretext interviews and pretrial discovery.
Due diligence pays for Nardizzi client
Feb.27.2017
In the wake of repeated news of SEC investigations of hedge fund and investment management firms, an investment bank credited an early-stage due diligence report by investigative firm Nardizzi & Assoc. for saving clients from multi-million dollar fraud losses.
The Securities and Exchange Commission charged a Pearl River, N.Y., investment management firm Westgate Capital Management, LLC and its managing member, James M. Nicholson with operating a large-scale scheme that defrauded hundreds of investors of millions of dollars. The SEC alleges that Westgate solicited investors with false claims of an almost unbroken eight-year string of monthly investment successes.
In the fall of 2007, a New York investment bank had retained Nardizzi & Assoc. to investigate links between Nicholson, Westgate, and other individuals. The report issued by Nardizzi swayed the investment bank away from investing with Nicholson.
The arrest of Nicholson made waves in tony Palm Beach as well, as reported in the Palm Beach Daily News:
“The vigilance of Madoff-wary investors has helped bring about the arrest of another part-time Palm Beach resident, the manager of an unregistered hedge fund accused of swindling an estimated $900 million from clients since 2004.
The FBI on Wednesday arrested James M. Nicholson, 42, owner of a penthouse in the Dunster House condominium complex, on charges of securities fraud and bank fraud. Also on Wednesday, the Securities and Exchange Commission filed a federal complaint against Nicholson and his company, Westgate Capital Management LLC of Pearl River, N.Y., seeking relief for the fraud and an injunction to stop it.
A telephone call to Nicholson's primary residence in Saddle River, N.J., was not returned by press time. A telephone line listed for Nicholson's multi-million dollar Dunster House penthouse was disconnected.”
The investigation into Nicholson began when Westgate investors reacted to alleged Ponzi mastermind Bernard Madoff's $50 billion scheme. When they began to redeem their own investments in different Westgate hedge funds, nearly $5 million in checks bounced.
The SEC released this statement regarding Westgate Capital Management, LLC and its managing member, James M. Nicholson, who was arrested by the FBI at his New Jersey home.