DDro LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor Township, NJ 08234 LAW FIRM Paul R. D'Amato, Esquire-ID# 006901974 2900 Fire Road, Suite 200 Egg Harbor Township, New Jersey 08234 609-926-3300 Attorney for Plaintiffs STEPHEN F. VALIANTE AND DIANNE F. SUPERIOR COURT OF NEW JERSEY VALIANTE, THE PARENTS OF TIFFAN ATLANTIC COUNTY: LAW DIVISION VALIANTE AND THE C0- ADMINISTRATORS OF THE ESTATE OF DOCKET NUMBER: ATL- L-141 1-17 TIFFANY VALIANTE, Plaintiff s. V. CIVIL ACTION STEVE DOES, SHIRLEY DOES. PAUL DOES, SANDRA DOES, JOHN DOES, FIRST AMENDED COMPLAINT JANE DOES. RICHARD DOES. BARBARA AND JURY DEMAND DOES, FRED DOES, SALLY DOES, Defendants Plaintiffs, Stephen F. Valiante and Diane F. Valiante, the parents of Tiffany Valiante and the co-administrators of the Estate of Tiffany Valiante, by way of First Amended Complaint and Jury Demand say: INTRODUCTION 1. On Sunday, July 12, 201 5 at 1 1:16 pm. the body of Tiffany Valiante was struck by a New Jersey Transit train at mile marker 45 on the Atlantic City Rail Line in Galloway Township, Atlantic County, New Jersey. 2. The speed Of the New Jersey Transit train at the time of impact with the body of Tiffany Valiante was 80 mph. were LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor NJ 08234 3. Operating the engine of the train was a New Jersey Transit employee who was a Student Engineer. 4. A detective from the New Jersey Transit Police Department (hereinafter interviewed the Lead Engineer, who the detective thought was operating the train in the southbound direction from Philadelphia to Atlantic City. At the time of the interview of the Lead Engineer, the detective did not know that it was the Student Engineer that was operating the train. 5. The detective in a report stated: (student) engineer stated that he was operating the train in the southbound direction from Philadelphia to Atlantic City and as he approached mile marker 45 the pedestrian dove in front of the train from an East to West direction. [Italics Added for Emphasis. 6. On July 18, 2015, six days after Tiffany?s body came in contact with the New Jersey Transit train, and the day after the Death Certificate the death as a ?Suicide? was issued by the state Medical Examer?s Office, the (senior) Lead Engineer was interviewed by the same detective who interviewed the trainee-engineer that was operating the train when it struck the body of Tiffany Valiante. 7. The Lead Engineer during this interview was placed under oath and was asked whether the Lead Engineer observed the person on the track as the train approached the point of impact. 8. The Lead Engineer responded that he did not see the victim because he had his back turned and was speaking with a train crew Conductor. Doro LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2000 Fire Road Suite 200 Egg Harbor Township, NJ 08234 9. The Student Engineer commenced his employment with New Jersey Transit on March 25, 2014?one year and four months prior to July 12, 2015. 10. The Student Engineer, in his own handwritting in a INJURY Report, stated there was at the time the train he was operating struck the body. 11. In the same report, when the Student Engineer was asked whether the person looked in the direction of the approaching train prior to impact the Student Engineer replied: 12. When the Student Engineer was asked in the same report if the person made any attempts to move from the approaching train he responded: 13. When he was asked in the same report the speed of the train at impact the Student Engineer responded: ?80 mph.? 14. When the Student Engineer was asked in the same report what the posted track speed was for the particular area the Student Engineer responded: ?Max 80 mph.? 15. An incident report was issued by the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety. Division of Criminal Justice, Office of the State Medical Examiner, Southern Regional Medical Examiner Office, on October 2 1, 2015. 16. That report is referred to as an EXTERNAL EXAMINATION. 17. The Case Number and Name is 01?15?0410 and Tiffany Valiante. The report states the date of death at 7/12/2015 and date of autopsy 7/14/15. 18. The aforesaid report states that the CAUSE OF DEATH is multiple traumatic injuries and the MANNER OF DEATH is suicide. more LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor Township, NJ 08234 19. There was no inquiry related to this suspicious death by any law enforcement agency, or the State Medical Examiner?s Office, of Tiffany?s parents, two sisters, relatives, friends, teachers. medical providers, or coaches as to her state of mind on or before July 12, 2015. 20. There was also, among numerous other investigative omissions, no DNA testing performed on Tiffany?s body and clothing. 2 1. No rape kit was utilized on the body of Tiffany after the impact. 22. Law enforcement agencies involved in the investigation of Tiffany's death did not treat the scene of the accident as a crime scene. 23. The only shred of evidence that suggests suicide as a supportable manner of death is the highly questionable and inconsistent observations of the Student Engineer. 24. There was no drug/alcohol test performed on the Student Engineer after the train?s impact with Tiffany?s body. 25. The sworn statement of the Student Engineer was not taken until 10 days after this tragic event. 26. The Student Engineer stated that he saw a person jump or dive a distance of 1 5-20 feet onto a built-up stone railroad track - into a speeding train from a standing position. 27. An examination of the area where the point of impact took place reveals that within 10 feet of the rail track there are trees and bushes. 28. Because Tiffany?s skull was crushed and fragmented and her brain obliterated, there was no way of proving or disproving any possible ante? mortem injury, such as from a gunshot wound. 29. Four days after the impact a bloodhound from the Atlantic County Sheriff?s Office was utilized by the New Jersey Transit Police Department for the 019m LAW FIRM GOUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor Township, NJ 08234 purpose of having the bloodhound track the path that Tiffany may have taken when she left her home on the evening of July 12, 2015. 30. An additional purpose in utilizing the bloodhound was to confirm or eliminate the possibility that Tiffany had been picked up by a vehicle after having left her home. 31. The bloodhound allegedly tracked Tiffany walking from the Valiante home to the area where the point of impact took place between Tiffany?s body and the train. This distance is approximately four miles. 32. Between July 12 and July 16, 2015 there had been two significant rainstorms in the Mays Landing/ Galloway Township area with an accumulation of approximately four inches. 33. It is known that rainstorms can mask or even erase the scent and thus the use of a bloodhound was not reliable. 34. It was well known by Tiffany?s grandmother, parents, uncles and aunts, cousins, friends, teachers and coaches that she was petrified of the dark. 35. A fear of darkness is known as nyctophobia. 36. The majority of the area that Tiffany allegedly walked from her home to the point of impact with the train does not have artificial illumination. 37. On July 12, 2015 there was very little moonlight. 38. After July 12, 2015 members of the Valiante Family searched an area of Hamilton Township and Galloway Township for the purpose of finding any evidence that would lead to a reasonable and rational explanation of how Tiffany was taken from her home to the isolated area of the railroad tracks where the impact took place. 39. While Tiffany's mother Dianne Valiante was walking on Tilton Road she discovered the slip?on sneakers of Tiffany and a headband belonging to Tiffany. DEN) LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor NJ 08234 40. The Galloway Township Police Deparment was immediately contacted and in turn contacted the New Jersey Transit Police Department. 41. Tiffany Valiante was barefoot at the time she was struck by the NJT train: No foot apparel that belonged to Tiffany was found at the scene of the impact. The sneakers that Dianne Valiante found in the brush off of Tilton Road were the same sneakers that Tiffany was wearing the night she disappeared. 42. If Tiffany had walked from the location where her sneakers were found on Tilton Road to the point of the impact with the train, her feet would have displayed noticeable signs of abrasions. 43. One of the photographs taken by the State Medical Examiner?s Office of Tiffany?s foot shows no damage whatsoever to that foot. Had Tiffany walked along the railroad tracks approximately one mile as indicated by NJT investigators she would have walked over rough terrain, including but not limited to rocky railroad ballast, large stones and jagged glass. 44. On July 12, 2015 shortly after it was discovered that Tiffany was missing, her father Stephen found her cell phone off the road near the Valiante property. 45. Tiffany was never without her cell phone. She even bought a waterproof case so she could bring it into the shower. 46. Tiffany had no history of emotional instability. 47. Before she disappeared on July 12, 2015 she had been at her cousin?s home which is across the street from the Valiante residence. 48. Her cousin was having a party during the daytime that went into the night to celebrate the cousin?s graduation from high school. 49. Several friends and relatives were talking to Tiffany about her going off to college in the coming month. They all stated that Tiffany was in excellent spirits. D'Ero LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor Township, NJ 08234 50. At the party Tiffany was talking about going to Great Adventure the following day. 5 1. At the party Tiffany was telling her friends and relatives that she planned on adopting a kitten for her mother?s upcoming birthday party and Tiffany also discussed the d?cor for her dormroom at Mercy College and that she was about to attend college as a scholarship athlete. 52. On July 12. 2015 according to relatives and friends Tiffany was excited about going to college and playing volleyball at the collegiate level as a scholarship athlese. 53. No law enforcement agency or the State Medical Examiner's Office procured any existing medical records on Tiffany to see if there was even a hint of depression. 54. After Tiffany?s death Tiffany?s family procured all available medical records which showed no sign of depression whatsoever. 55. At the time that Tiffany was allegedly walking toward Tilton Road on Sunday, July 12, 2015 there were fellow students of her cousin who were going to the graduation party who would have been driving on the same road that Tiffany was allegedly walking down. No one ever came forward stating that they saw Tiffany walking. 56. The State of New Jersey Toxicology Laboratory located in Newark, New Jersey issued a report that no illicit/illegal drugs nor alcohol was found in Tiffany?s system. 57. Tiffany was extremely popular with a very close circle of friends and admired by her teachers, coaches, employers and neighbors. 59. No one saw Tiffany, a 6 ft. 2 in. young woman, walking from her home to the railroad tracks. LAW FIRM GOUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor Township, NJ 08234 FIRST COUNT (KIDNAPPIN G) 1. Tiffany Ida Mae Valiante (herein after referred to as Tiffany) was born in Atlantic County, New Jersey in March 1997. 2. On July 12, 2015 Tiffany resided in Mays Landing, Atlantic County, New Jersey 08330. 3. The parents of Tiffany are the Plaintiffs Stephen F. Valiante and Dianne F. Valiante who reside in Mays Landing, Atlantic County, New Jersey. 4. Tiffany?s sisters are Jessica Valiante-Vallauri and Valiante- Summerville and they reside in Atlantic County, New Jersey. 5. Tiffany graduated from Oakcrest High School in June 2015. 6. Tiffany, during her senior year, was offered five student-athletic scholarships to play volleyball at the collegiate level. She accepted the offer from Mercy College, Dobbs Ferry, New York, and was an enrolled, incoming first- year student at the time of death. 7. It was Tiffany?s goal to obtain an undergraduate degree in Criminal Justice. 8. It had always been Tiffany?s dream to enter public service as a police officer, emulating her uncle, who at the time of her death was a member of the New Jersey State Police. 9. It was also Tiffany?s dream to represent the United States in women?s volleyball at the Olympics. 10. Tiffany had told her parents and sisters that she would also consider a career as a member of the United States Air Force. 11. On the night of Sunday, July 12, 2015 Tiffany died, according to the New Jersey Southern Regional Medical Examiner?s Office, as a result of more LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Sulte 200 Egg Harbor Township, NJ 03234 injuries sustained when a New Jersey Transit passenger rail train struck her body in Galloway Township, Atlantic County, New Jersey. 12. An external examination of Tiffany?s body was conducted by the Southern Regional Medical Examiner?s Office. 13. A Certificate of Death was issued relative to Tiffany Valiante on Friday, July 17, 2015. That Certificate indicates that the manner of death was suicide and the cause of death was multiple traumatic injuries. 14. The Plaintiffs contend that the examination by the Medical Examiner's Office was significantly flawed, including reliance upon inaccurate and/or insufficient evidence in concluding that the Manner of Death for Tiffany Valiante was suicide. 15. The Plaintiffs are in the process of requesting that the State Medical Examiner?s Office change the Manner of Death to Undetermined. 16. The Plaintiffs assert and will demonstrate at trial that Tiffany Valiante did not take her life, but that she was the victim of a conspiracy to inflict bodily harm, Violently abducted on the night of July 12, 2015, and subsequently murdered by the Defendants While attempting to flee her imprisonment. 17. Steve Does and Shirley Does (1-5) are unknown individuals that participated to some extent in the kidnapping of Tiffany Valiante during the evening of July 12, 2015. 18. Steve Does and Shirley Does took Tiffany against her will to the area where her body came in contact with the New Jersey Transit train. 19. The precise identity of Steve Does and Shirley Does is currently unknown to the Plaintiffs. Accordingly, the Plaintiffs reserve the right to amend the within Complaint when the identity of said individuals becomes known. DER) LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor NJ 08234 20. From the time Tiffany was kidnapped until the time her body came in contact with the New Jersey Transit train she experienced excruciating emotional trauma, anguish and physical pain and suffering, and feared for her life during the aforesaid period. 21. Tiffany was violently assaulted and battered causing her unimaginable pain, suffering, and numerous physical injuries. WHEREFORE, Stephen F. Valiante and Dianne F. Valiante as the Co- Administrators of the Estate of their late daughter Tiffany Valiante hereby demand judgment against Steve Does and Shirley Does (1-5) for compensatory damages, punitive damages, attorney?s fees and costs of suit. SECOND COUNT LASSA ULT AND BATTER Y) 1. Plaintiffs repeat the allegations of the First Count as if same were set forth at length herein. 2. From the time Tiffany was kidnapped until the time her body came in contact with the New Jersey Transit Train, Paul Does (1-5) and Sandra Does (1-5) assaulted and battered Tiffany causing her pain, suffering, anguish and various physical injuries. 3. The precise identity of Paul Does (1-5) and Sandra Does is currently unknown to the Plaintiffs. Accordingly, the Plaintiffs reserve the right to amend the within Complaint when the identity of said individuals becomes known. WHEREFORE, Stephen F. Valiante and Dianne F. Valiante as the Co- Administrators of the Estate of their late daughter Tiffany Valiante hereby demand judgment against Paul Does (1-5) and Sandra Does (1-5) for compensatory damages, punitive damages, attorney's fees and costs of suit. 10 LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2000 Fire Road Suite 200 Egg Harbor Township, NJ 08234 THIRD COUNT UGHTER) 1. Plaintiffs repeat the allegations of the paragraphs of the First and Second Counts as if same were set forth at length herein. 2. John Does (1-5) and Jane Does (1-5) caused serious bodily injury to Tiffany which resulted in her death. 3. John Does (1-5) and Jane Does (1-5) killed Tiffany in the heat of passion having had no prior intent to kill her. 4. The precise identity of John Does (1-5) and Jane Does (1-5) is currently unknown at this point in time. Accordingly, the Plaintiffs reserve the right to amend the within Complaint when the identity of said individuals becomes known WHEREFORE, Stephen F. Valiante and Dianne F. Valiante as the C0- Administrators of the Estate of their late daughter Tiffany Valiante hereby demand judgment against John Does (1-5) and Jane Does (1-5) for compensatory damages, punitive damages, attorney?s fees and costs of suit. FOURTH COUNT (MURDER) 1. Plaintiffs repeat the allegations of the paragraphs of the First, Second and Third Counts as if same were set forth at length herein. 2. Richard Does (1-5) and Barbara Does (1-5) did with malice aforethought and premeditation kill Tiffany. 3. The precise identity of Richard Does (1-5) and Barbara Does (1- 5) is currently unknown at this point in time. Accordingly, the Plaintiffs reserve the right to amend the within Complaint when the identity of said individuals becomes know. 11 DEN) LAW FIRM GOUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor NJ 08234 WHEREFORE, Stephen F. Valiante and Dianne F. Valiante as the C0- Administrators of the Estate of their late daughter Tiffany Valiante hereby demand judgment against Richard Does and Barbara Does (1-5) for compensatory damages, punitive damages, attorney?s fees and costs of suit FIFTH COUNT (C ONSPIRA Y) 1. Plaintiffs repeat the allegations of the paragraphs of the First, Second, Third and Fourth Counts as if same were set forth at length herein 2. Fred Does (1-5) and Sally Does were conspirators who participated in the planning of the kidnap, assault and battery and murder of Tiffany. 3. The precise identity of said individuals is currently unknown at this point in time. Accordingly, the Plaintiffs reserve the right to amend the within Complaint when the identity of said individuals becomes known. WHEREFORE, Stephen F. Valiante and Dianne F. Valiante as the Co-Administrators of the Estate of their late daughter Tiffany Valiante hereby demand judgment against Fred Does (1-5) and Sally Does (1-5) for compensatory damages, punitive damages, attorney?s fees and costs of suit. SIXTH COUNT (ACCIDENTAL DEATH) 1. Plaintiffs repeat the allegations of the paragraphs of the First, Second, Third, Fourth and Fifth Counts as if same were set forth at length herein. 2. At the aforementioned place and time Tiffany was attempting to escape from kidnappers Steve Does and Shirley Does (1-5). 12 awe LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor Township, NJ 08234 3. At the aforementioned place and time Tiffany was attempting to escape from Paul Does (1-5) and Sandra Does (1-5) who had assaulted and battered her. 4. At the aforementioned place and time Tiffany, while trying to escape from Steve Does (1-5), Shirley Does (1-5), Paul Does and Sandra Does (1-5), ran into the path of the oncoming unscheduled New Jersey Transit train. WHEREFORE, Stephen F. Valiante and Dianne F. Valiante as the Co- Administrators of the Estate of their late daughter Tiffany Valiante hereby demand judgment against Steve Does (1-5), Shirley Does (1-5), Paul Does (1- 5) and Sandra Does (1-5) for compensatory damages, punitive damages, attorney?s fees and costs of suit. SEVENTH COUNT (DES TR UCTION OF EVIDENCE) 1. Plaintiffs repeat the allegations of the paragraphs of the First, Second, Third, Fourth, Fifth and Sixth Counts as if same were set forth at length herein. 2. Defendants Steve Does, Shirley Does, Paul Does, Sandra Does, John Does, Jane Does, Richard Does, Barbara Does, Fred Does, and Sally Does sought to destroy evidence associated with Tiffany?s death by placing her body in the path of the aforesaid New Jersey Transit train. 3. The precise identity of Steve Does, Shirley Does, Paul Does, Sandra Does, John Does, Jane Does, Richard Does, Barbara Does, Fred Does, Sally Does, Steve Does, and Shirley Does is currently unknown at this point in time. Accordingly, the Plaintiffs reserve the right to amend the within Complaint when the identity of said individuals becomes known. 13 Doro LAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor NJ 08234 WHEREFORE, Stephen F. Valiante and Dianne F. Valiante as the Co- Administrators of the Estate of their late daughter Tiffany Valiante hereby demand judgment against Steve Does, Shirley Does, Paul Does, Sandra Does, John Does, Jane Does, Richard Does, Barbara Does, Fred Does, Sally Does, for compensatory damages, punitive damages, attorney?s fees and costs of suit EIGHT COUNT (MEDICOLEGAL INVESTIGATOR H. LOUISE HOUSEMAN) 1. Plaintiffs repeat the allegations of the First, Second, Third, Fourth, Fifth, Sixth and Seventh Counts as if same were set forth herein. 2. Louis Houseman retired from the Atlantic County Medical Examiner?s Office in 2013 when the office was closed. 3. Ms. Houseman was the first person in the State of New Jersey to receive a Certification from the American Board of Medical Legal Death Investigators. 4. Ms. Houseman was a Board Certified Fellow of the American Board of Medical Legal Death Investigators. 5. When Ms. Houseman, a resident of Atlantic County, New Jersey, heard the distressing news regarding the death of Tiffany Valiante, she contacted their attorney Paul D?Amato and offered her services Pro-Bono to help learn all the facts surrounding Tiffany?s death. 6. Ms. Houseman reviewed copies of the official files of the New Jersey State Medical Examiner?s Office and the New Jersey Transit Police Department regarding their investigations into the facts surrounding Tiffany?s death. 7. Ms. Houseman conducted several interviews including the Valiante family members. DEW IAW FIRM COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor Township, NJ 08234 8. Ms. Houseman issued a report dated July 11, 2017 which is attached hereto and made a part hereof as Exhibit A. 9. Louise Houseman?s investigation continues until today. WHEREFORE, Stephen F. Valiante and Dianne F. Valiante as the Co- Administrators of the Estate of their late daughter Tiffany Valiante hereby demand judgment against Steve Does, Shirley Does, Paul Does, Sandra Does, John Does, Jane Does, Richard Does, Barbara Does, Fred Does, Sally Does, for compensatory damages, punitive damages, attorney's fees and costs of suit. DEMAND Plaintiffs demand a jury trial. NOTICE OF TRIAL COUNSEL Paul R. D'Amato, Esquire is designated as Trial Counsel pursuant to Rule 4:25-4. By: R. D'Amato, uire Dated: July 18, 2017 CERTIFICATION Paul R. D'Amato, Esquire, of full age, hereby certifies: 1. I am a member of the firm'of LAW FIRM and am entrusted with the preparation and Trial of this case. 2. This case is not subject to any other Court action or Arbitration proceeding. 15 D'Ero LAW FIRM, COUNSELORS AT LAW A PROFESSIONAL CORPORATION 2900 Fire Road Suite 200 Egg Harbor Township, NJ 08234 I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made me are willfully false, I am subject to punishment. a R. D'AmatofEs?duire Dated: July 18, 2017 CERTIFICATION OF COMPLIANCE WITH RULE 1:38-71c! 1, Paul R. D'Amato, Esquire, certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in th Dated: July 18, 2017 16 Appendix CIVIL CASE INFORMATION STATEMENT :ch DOG Use for initial Law Division Civil Part pleadings (not motions) under Ruie 4:5-1 Pleading will be rejected for filing, under OVERPAYMENT: if information above the black bar is not completed FOR USE BY OFFICE ONLY (CIS) No. or attorney?s signature is not affixed BATCH NUMBER: SE NAME TELEPHONE NUMBER COUNTY OF VENUE PAUL R. (609) 926-3300 Atlantic FIRM NAME (if applicable) LAW FIRM DOCKET NUMBER (when available) ATL-L-1411-17 OFFICE ADDRESS 2900 FIRE ROAD, SUITE 200 EGG HARBOR TOWNSHIP, NJ 08234 DOCUMENT TYPE AMENDED COMPLAINT JURY DEMAND I YES No NAME OF PARTY John Doe, Plaintiff) STEPHEN F. VALIANTE DIANNE F. VALIANTE CAPTION ESTATE OF TIFFANY VALIANTE V. STEVE DOES, et CASE TYPE NUMBER HURRICANE SANDY (See reverse side for listingTHIS A PROFESSIONAL MALPRACTICE YES I NO IF YOU HAVE CHECKED SEE N.J.S.A. 2Az53 A -27 AND APPLICABLE CASE LAW REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT. RELATED CASES El YES I No IF YES. LIST DOCKET NUMBERS DO YOU ANTICIPATE ADDING ANY PARTIES (arising out of same transaction or occurrence)? El YES I No THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE. CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION NAME OF PRIMARY INSURANCE COMPANY (if known) NONE UNKNOWN DO PARTIES HAVE A CURRENT, PAST OR IF YES. IS THAT RELATIONSHIP: RECURRENT El OTHER (explain) YES El No FAMILIAL BUSINESS DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING YES N0 USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED DISPOSITION Do YOU OR YOUR CLIENT NEED ANY DISABILITY IF YES. PLEASE IDENTIFY THE REQUESTED ACCOMMODATION (.1 CI YES El NO WILL AN INTERPRETER BE IF YES, FOR WHAT YES No I certify that confidenti onal identifiers have been redacted from documents now submitted to the court, and will be redacted from all doc ents ubmitted in tthre if accord?nce with Rule Effective 06/05/2017. CN 10517 ATTORNEY SIGNATURES fl) page 1 of 2 ?gs: CIVIL CASE INFORMATION STATEMENT 11:1 11? Use for initial pleadings (not motions) under Rule 415-1 CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.) Track I - 150 days' discovery 151 NAME CHANGE 175 FORFEITURE 302 TENANCY 399 REAL PROPERTY (other than Tenancy. Contract. Condemnation. Complex Commercial or Construction) 502 BOOK ACCOUNT (debt collection matters only) 505 OTHER INSURANCE CLAIM (including declaratory judgment actions) 506 PIP COVERAGE 510 UM or UIM CLAIM (coverage issues only) 511 ACTION ON NEGOTIABLE INSTRUMENT 512 LEMON LAW 801 SUMMARY ACTION 802 OPEN PUBLIC RECORDS ACT (summary action) 999 OTHER (brie?y describe nature of action) Track II - 300 days' discovery 305 CONSTRUCTION 509 EMPLOYMENT (other than CEPA or LAD) 599 TRANSACTION 603N AUTO NEGLIGENCE PERSONAL INJURY (non-verbal threshold) 603Y AUTO NEGLIGENCE PERSONAL INJURY (verbal threshold) 605 PERSONAL INJURY 610 AUTO NEGLIGENCE PROPERTY DAMAGE 621 UM or UIM CLAIM (includes bodily injury) 699 TORT - OTHER Track - 450 days' discovery 005 CIVIL RIGHTS 301 CONDEMNATION 602 ASSAULT AND BATTERY 604 MEDICAL MALPRACTICE 606 PRODUCT LIABILITY 607 PROFESSIONAL MALPRACTICE 608 TOXIC TORT 609 DEFAMATION 616 CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES 617 INVERSE CONDEMNATION 618 LAW AGAINST DISCRIMINATION (LAD) CASES Track IV - Active Case Management by Individual Judge I 450 days' discovery 156 COVERAGE LITIGATION 303 MT. LAUREL 508 COMPLEX COMMERCIAL 513 COMPLEX CONSTRUCTION 514 INSURANCE FRAUD 620 FALSE CLAIMS ACT 701 ACTIONS IN LIEU OF PREROGATIVE WRITS Multicounty Litigation (Track IV) 271 292 PELVIC 274 RISPERDALJSEROQUELIZYPREXA 293 DEPUY ASR HIP IMPLANT LITIGATION 281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL 295 ALLODERM REGENERATWE TISSUE MATRIX 282 FOSAMAX 296 II MODULAR HIP STEM COMPONENTS 285 TRIDENT HIP IMPLANTS 297 MIRENA CONTRACEPTIVE DEVICE 286 LEVAQUIN 299 OLMESARTAN MEDOXOMIL 287 300 BODY POWDERS 289 REGLAN 601 ASBESTOS 290 LAKES ENVIRONMENTAL LITIGATION 623 PROPECIA 291 PELVIC 624 LFIT CoCr V40 FEMORAL HEADS If you believe this case requires a track other than that provided above, please indicate the reason on Side 1, in the space under "Case Characteristics. Please check off each applicable category Putative Class Action Title 59 Effective 06/05/2017, CN 10517 page 2 of 2 EXHIBIT A INVESTIGATIVE REPORT Submitted By H. Louise Houseman, Senior Medical Investigator (Ret.) In The Death Of TIFFANY VALIANTE July 12, 2015 Since September 21, 2016, I have had several opportunities to read reports and interviews by employees of the New Jersey Transit Police Department, the Atlantic County Prosecutor?s Of?ce, and the Regional Medical Examiner?s Of?ce. I have visited the scene where Tiffany Valiante was struck by a New Jersey Transit train, and I have reviewed all photographs that were taken by the investigators regarding Tiffany?s death. Paul D?Amato, Esquire, counsel for the Valiante family, also allowed me to review a complete copy of the ?le of the Regional Medical Examiner?s Of?ce, which included photographs taken the morning after the accident and photographs taken during the external examination. There are enough unanswered questions, false statements, conflicting accounts regarding this fatality, and incomplete investigative information, as well as extremely important evidence that was discovered since the night of Tiffany?s death, which leads me to the conclusion that the death certi?cate should be amended from ?Suicide? to ?Undetermined.? The location where Tiffany was struck is approximately 3.5 miles from her home. She left home at 2128 hours, and was struck by a New Jersey Transit (NJT) train at 2310 hours on July 12, 2015. The Medical Examiner performed the View on Tiffany on July 14th. The Medical Examiner?s determination that the Manner of Death was ?Suicide? appears to be based merely upon the Medical Investigator?s Data Reports and preliminary information provided verbally or in writing by NJT Detective William Sweeney, who attended the View. No consideration appears to have been given to Tiffany?s history or the remoteness of the area where this barefoot, 18 year old female, who feared the dark, was struck by a NJT train. Although Tiffany?s two uncles told Detective Sweeney when they met him at the scene on July 16th that Tiffany?s death was not a suicide, no one from any agency involved in investigating her death sat down to discuss any aspect of the case with Tiffany?s parents or siblings until three weeks after her death. The detectives sat down with them only after Tiffany?s headband and sneakers were found by Tiffany?s mother nearly three miles from the scene of the event. I urge the Medical Examiner to go to the scene. I believe the Medical Examiner will ?nd it extremely dif?cult to believe an 18 year old female would have willingly walked, barefoot and alone, in the dark for two hours, approximately 3.5 miles from her home until she arrived to this dark and isolated location given the fact that all of Tiffany?s friends and family knew of Tiffany?s deep seated fear of the dark. The account given by the train engineer and his apprentice to NJT Police Of?cer Vince Packer, Sr, contained in his Supplemental Investigative Report dated July 13, 2015, and possibly relied upon by Detective Sweeney and the Medical Examiner at the View was later contradicted in their subsequent sworn statements and by the train?s Major Incident Event Recorder MIER (?Black Box?). It took six days before NJT investigators learned the engineer?s student was actually alone in the cab; the only 1 eyewitness to this event and was not receiving direction from the engineer until after Tiffany was struck. The student engineer was not interviewed under oath until 10 days after the fatality. His sworn statement contradicts his previous accounts. The sworn statement appears to be rambling, self?serving, and inconsistent with facts observed at the scene and obtained from the MIER Black Box. Mechanical Data from the MIER indicated the train was likely no more than 235 feet away from Tiffany when she was first seen by the student engineer as the train was traveling 80 miles per hour. Additionally, it was revealed that the student engineer was never tested for drugs or alcohol under the Federal Railroad Administration policy. At the outset of this report, I want to share with the Regional Medical Examiner?s Of?ce the conclusions of my investigation: 1. It is highly unlikely that Tiffany Valiante, a very accomplished 18-year?old female athlete, walked barefoot from her home on Tilton Road along Pomona Road to the railroad tracks, and. then walked over a mile alongside the tracks to where Tiffany?s body came in contact with the New Jersey Transit train. The total distance from Tiffany?s home to the point of impact is nearly four miles. Weeks after the night that Tiffany was killed, her foot apparel was discovered on Tilton Road by her mother. An examination of one of Tiffany?s feet, as shown in one of the photographs taken by the Medical Examiner?s Of?ce, shows no abrasions or damage to the bottom of the foot. Attached to this report is a photograph of the area where Tiffany allegedly walked that shows large siZed stones. Additionally, one of the photographs shows an access road for motor vehicles. If Tiffany had walked over the stones immediately adjacent to the railroad tracks or in the dirt roadway, it is more probable than not that her feet would have shown severe damage. The one attached photograph from the Medical Examiner?s Office does not show any damage, whatsoever. An interview of family and friends has demonstrated that everyone knew Tiffany had a severe phobia of the dark. She would have had to walk several miles in complete darkness the night of her death. Illumination from the moon was non?existent. Tiffany?s cell phone was discovered by her father an hour to an hour and a half after Tiffany was last seen at the Valiante residence. Like most young women, Tiffany?s cell phone was affixed to her body every minute of the day. She reportedly would even bring her cell phone into the shower when she was bathing. Death by train is an extremely unusual method of suicide to be contemplated by anyone, especially a female teenager with no history of emotional instability. The loud sound of an approaching train is much more likely to invoke a ?ight response in a sober individual. Had Tiffany wanted to commit suicide, she could have walked in front of a car on the heavily traveled highways of Tilton Road or Route 30. The toxicology report from the Medical Examiner?s Office was negative for drugs and alcohol. Tiffany disappeared within minutes of walking away from her home. She had been at her cousin?s party across the street from her home. Individuals in a car coming from Tilton Road to the location of the party would have had many opportunities to see Tiffany walking down the street. She was a very popular young lady, and all local teenagers knew who she was. Not one person has reported seeing Tiffany, who is six foot two inches tall, walking from her home to the railroad tracks. Statements in the Report of Investigation by Medical Examiner (RIME) Medical Investigator Data Sheet used by the Medical Examiner to base a determination of suicide are inaccurate, unsubstantiated, and false: 10?The train engineer has stated that a female darted out from the trees and ran right in front of the train. Decedent had been in the woods on the north side of the tracks.? It was later revealed under sworn statements, the train engineer had his back turned and never witnessed the event until the student engineer had already sounded the horn, activated the emergency braking system, then yelled ?a girl jumped out.? B. Statements attributed to her uncle Nlichael Valiante and certain ?friends? are likewise inaccurate. The Medical Investigator?s Data Sheet report states, in part: ?She had gotten into some trouble the day before, as well as the day of the party, and her friends stated that she ?cut herself and was extremely upset. He (Michael Valiante) also stated that Tiffany had been having a lot of disagreements with her mother recently, and was extremely distraught over some of the things that had happened.? During my interview of Michael Valiante, he stated that in his mind he could not get his niece, on her own, to the isolated location where she was struck. He said that the statements in the Medical Investigator?s Data Sheet attributed to him are inaccurate. Additionally, there is no evidence of self-mutilation. My review of the New Jersey Transit Police Department records lead me to conclude that there were conflicting statements made to the Newjersey Transit investigators by the lead engineer and his student apprentice. At the relevant times of the questionable observation by the apprentice engineer, he was unsupervised and, in fact, is the only so?called eyewitness to the event. However, my analysis of the MIER Black Box leads me to the conclusion that the observations by the apprentice engineer are not factually sustainable. There is no indication that there was a drug/ alcohol test of the apprentice engineer. The sworn statement of the apprentice engineer was not taken until 10 days after the accident. It is improbable that Tiffany would have been able to jump or dive a distance of 15?20 feet onto a built?up stone railroad grade from a standing position. Tiffany?s skull was crushed and fragmented. Her brain was obliterated. These conditions obscured evidence of a possible ante?mortem injury, such as from a gunshot wound. No footwear was found at the scene of the impact. Investigators from New Jersey Transit Police Department did not interview the family in a timely manner. Tiffany was extremely popular, with a very close circle of friends, admired by her teachers, coaches, employers, and neighbors. Tiffany was raised as if she were a single child for the past 10 years by two loving parents and indulged by two older sisters, two grandmothers, and many relatives. Tiffany had received five college scholarships for sports and academics, and was excited about going to Mercy College in four weeks to major in criminal justice. . Based upon my investigation, it cannot be ruled out that Tiffany was driven or forced to walk to the location of the impact. Moreover, it cannot be ruled out that she was assaulted at a different location and placed on the tracks to hide evidence of the crime. It is my professional opinion that the death of Tiffany Valiante warrants further investigation and that the Manner of Death should be amended by the Medical Examiner?s Office from ?Suicide? to ?Undetermined.? My analysis is broken down into the following categories: A. INCONSISTENT STATEMENTS B. NO AUTOPSY C. REGIONAL MEDICAL FAILURE TO FOLLOW ESTABLISHED PROTOCOL D. ANALYSIS OF THE MAJOR INCIDENT EVENT RECORDER E. UNANSWERED QUESTIONS AND CONCERNS F. CONCLUSION A. INCONSISTENT STATEMENTS Tiffany was struck by the train at 2310 hours on July 12th. The Medical Investigator arrived on scene at 0045 hours on July 13, according to the Medical Investigator?s RIME. The Medical Investigator?s Investigative Data Sheet dated July 13, 2015 differs greatly from statements later made by the New Jersey Transit personnel charged with the operation of the train that night. The Medical Investigator data sheet states: ?We were elven/n an area quz'lmnd tree/ex edit efCo/ogne Avenue nJ/eere t/ee tmz'n engineer [961$ tinted that a female ?darted t/ae tree; and ran z'nfront aft/9e tmz'n. land been in t/ae woods 0n the nortb tide of t/ee tree/es. This account con?icts greatly with the statements given by the three train personnel interviewed by the New Jersey Transit Police Of?cer, Vince Packer, Sr., in his supplemental investigative report dated July 13, 2015. It also con?icts with the recorded statement of the engineer by New Jersey Transit Detective Acevedo on July 18th, and of the apprentice engineer taken by Detectives Acevedo and William Sweeney on July 22, 2015. Rather than write separate accounts of the event, as the Conductor and the Assistant Conductor did, Engineer Wayne Daniels and Apprentice Engineer Marvin Olivares jointly signed a handwritten NJT Preliminary Major Incident Report at 2336 hours on July 12, 2015, in which they stated: Approximate location of train when trespasser was first observed: ?Right on top 0ft11e trespasser? Actions taken by Engineer: ?Blew the 110m, rang the bell. Put train into emergency brake app?cation? Actions taken by trespasser: ?Dave in ?ont ofttain direction was east to west? List/ describe any other witnesses: ?ffust bot]: engineers? In NJT Officer Packer?s Supplemental Investigation Report of July 13, he states that Engineer Wayne Daniels and Apprentice Engineer Marvin Olivares stated: ?They noticed a person up ahead on the tracks. Danie/s instructed O/ioares to hlow the horn and ring the hell as he pat the train into emergency hrahe application. The person was struck h} the head end of the train, as she done?oni the railroad east to west in front of the oncoming Conductor Bill Gindhart stated ?The Engineer How the horn, rang the hell, and pat the train into emergency hra/?e application. He stated that the orig; witnesses were the two engineers.? The ?rst glaring problem with this account in Of?cer Packer?s report is that Daniels, in his recorded statement taken by Detective Acevedo on July 18, 2015, admitted for the ?rst time that he had his back to the train cab, was engaged in conversation with Conductor Bill Gindhart, and never saw Tiffany. The second problem is the sequence of events differ in both Daniels? and student Engineer Olivares? sworn statements, suggesting Daniels never instructed his student what action to take during the 4.1 seconds it took Olivares to blow the horn, strike Tiffany, and put the train into emergency braking application, and the called out he spotted her. Additionally, the train?s Major Incident Event Recorder (?Black Box?) indicates the bell was never activated. Sworn Statements of Engineer and Student Engineer 1. Daniel?s sworn recorded statement to Detective Acevedo on July 18, 2015: Det. Acevedo: Did you observe the person on the track as you approached the track? Mr. Daniels: No. Det. Acevedo: Wha?wh?why was the reason that you didn?t see the person? Mr. Daniels: At the same time that this was going on, we were about to come up to another train and meet?that had broken down and we were going to have to rescue their people off of that train. 80, we had just gotten in contact with that crew on that train to do the rescue. And as soon as we figured out exactly what we were doing, I was having a job brie?ng with my conductor. He was right behind me in the bar. He was standing just outside of where the passenger area was. Det. Acevedo: So, he wasn?t directly in the cab? He was just? Mr. Daniels: No. Det. Acevedo: ?outside the cab? Mr. Daniels: Yeah. He was just outside the cab. 80, I was talking to him. I had turned around to tell him, like Bill, this is?this is how we?re going to set everything up. And at the same time that was going on, I heard my eng?you know, my student engineer blow the horn, put the train into emergency, and say it was you know, a girl had jumped out in front of us. And then we went from there. So, at the time of the of the impact, I didn?t see anything because I was turning around to say something to Bill. Det. Acevedo: So, the student, Marvin Olivares, was at the controls? Mr. Daniels: That?s correct. Det. Acevedo: Okay. You were?you had turned around to talk to?you said Bill. Mr. Daniels: That is correct. Bill Gindhart. Det. Acevedo: Bill Gindhart? Mr. Daniels: Yes. Det. Acevedo: And he?s the?? Mr. Daniels: He?s the? Det. Acevedo: -?cond? Mr. Daniels: ??conductor?? Det. Acevedo: Okay. Mr. AC5 Det. Acevedo: And what exactly did the student say when? Mr. Daniels: The student just said to me?he was, like, oh, my God, a girl jumped out. Det. Acevedo: Okay. Mr. Daniels: And then as soon as he did that, he put the train he was putting the train in emergency at that time. We hear the impact. And then he made the phone call on the over the radio to the dispatcher to let them know what happened. Det. Acevedo: Okay. Were you able to describe the person that was that was Mr. Daniels: No. I could not describe the person. Det. Acevedo: What action did you take when you when this strike occurred? Mr. Daniels: The action I took was just making sure that my student was doing everything properly. Making sure he was blowing the horn, making sure that he put the train in emergency, and then making sure that he contacted the dispatcher so that we could get people out to the scene. 2. Marvin Olivares, who was in training as an engineer at the time and the only person in the cab who saw the decedent, did not give his sworn, recorded statement to Detectives Sweeney and Acevedo until July 22, 2015, 10 days after the event: (He reported for work at 3:10 p.m. This was his second round trip from Philadelphia to Atlantic City.) Mr. Olivares: Passing Cologne Avenue crossing, it was limited visibility. It was nighttime, approximately 11 p.m. and we were I remember passing mile post 44. And I ended up seeing something off on the east on the east side, in the distance. Det. Sweeney: Now, when you say east, would that you?re facing south, so it would be on your it would be to your right or to your left? Mr. Olivares: The left. Det. Sweeney: Okay. Mr. Olivares: Yeah, I excuse me. So, it would be?it would be on my left. Alright. So, I noticed some something off in the distance. And initially you know, I I at that distance, it was approximately maybe, like, a half mile to a quarter quarter mile away. It was pretty far away. I couldn?t discern what it was specifically. So as engineers, were trained to spot for movement, anything out of the ordinarylights on. I had my headlights on bright and my auxiliary lights on on bright as well, on manual. And I blew my horn just so you know, to see if that thing would move or whatever it was. As I come closer, approximately a quarter of a mile away or a little closer than that, I noticed that it was, in fact, a human being in a crouched position in darker clothing. I get a so I blow my horn initially. A really long horn just to get their attention - you know just to let them know, hey you know, I?m traveling pretty fast. I was traveling approximately 80 miles an hour, maximum authorized speed. 79, perhaps. And as I?m getting closer, the individual in the black clothing stands up and I immediately recognize that it?s a female. Keep goi?and I keep blowing my horn. As I?m as I?m approaching closer, the individual stands up, faces toward the gauge of the track or towards the track. And as I?m approaching closer, probably within, like, five seconds of passing her, she jumps she dives in front of the train to the lower portion of of the cab car. I was operating from the cab car. And I noticed and I?m still blowing my horn. I shout immediately because you know, it was a ?rst experience for me. And we hit her. I see matter go everywhere. And then I placed the train immediately into into emergency break application (Olivares goes on to describe stopping time, calling dispatch, and ?lling out a preliminary report at the scene with instructor Engineer Daniels and ancillary information.) Det. Sweeney: Okay, Now, when you say you you come through the Cologne Ave crossing, you see something, wh?you?re traveling at 80 miles an hour, so can you explain it?s a matter of seconds between the time you see it. It this isn?t a long, prolonged time, correct? Mr. Olivares: No, it?s not. It?s very, very quick. Yeah. The reaction time, it?s it?s very minimal. Det. Sweeney: That area, do you know what type of area? It is rural, urban? Can you describe it? Mr. Olivares: Around mile post 44 or 45, it?s to to both the east and west side, is it?s a heavy tree line. You know, you can?t see passed the trees. As far as I know, there?s no fence line. So, it? people can easily access the the track you know. It?s obvious that this individual was trespassing, in my opinion. Det. Sweeney: Now, you had you had said that there was there was somebody else with you, correct? Mr. Olivares: Yes. Det. Sweeney: In the in the now, this was cab car. You weren?t in the engine, correct? Mr. Olivares: Yes. Cab Car. Det. Sweeney: Okay. And there was somebody with you, correct, at the time? Mr. Olivares: Yeah. As a student engineer, we have an instructor engineer there with us, pretty much overseeing our actions to make sure that we ha?we?re operating the train according to New Jersey Transit St?Standards and FRA Standards. So, he was there you know, for just pretty much making sure you know, I was operating the train safely. Det. Sweeney: Okay, Do you do you recall his name? Mr. Olivares: His name is Wayne Daniels. (Ignoring Olivares? previous statement that the person was in a crouched position when he ?rst observed her from a distance of half a mile away, Det. Acevedo asks, ?Where exactly was the person Handing when you first saw the person, Mr. Olivares says, ?Probably I want to say maybe 15 to 20 feet to the left of the track.? He states she is wearing very, very light black clothing, black shorts and a black shirt, but cannot remember if she is wearing sneakers.) Det. Acevedo: What direction was the person facing the person and the train, what direction were they facing when you impacted? Mr. Olivares: Where were they facing? Det. Acevedo: Yes. Det. Sweeney: You were you were travelling southbound? Mr. Olivares: Yeah. Det. Sweeney: Was the person perpendicular to the tracks? Mr. Olivares: Perpendicular. Det. Sweeney: Did the did the person turn toward you? Were they?? Mr. Olivares: She ha?the individual, she was in a crouched position facing away. And then as I was approaching, she turned per?perpendicular towards the track and then dove right in front. Det. Acevedo: Okay, so basically, what side of her was towards the train? Was it her right side? Was it her left side? Mr. Olivares: Oh, it was her right side. Det. Acevedo: Right side. It appears she was looking? Mr. Olivares: She was Det. Acevedo: east? Mr. Olivares: Yeah. Det. Acevedo: Did she look at the train at any time. Did you make contact with her? Mr. Olivares: I didn?t make contact with her. No. Det. Acevedo: No. Did you notice if she was wearing glasses, headphones, or carrying anything? Mr. Olivares: No. Det. Acevedo: No. Did you observe anyone else in the area, other than the person prior to the impact? Mr. Olivares: No. Det. Acevedo: Did you notice if the person made any attempts to move from the approaching train? Mr. Olivares: No. At the end of the interview Mr. Olivares is asked: Det. Sweeney: Now, was blood or alcohol taken from you under FRA or? Mr. Olivares: N0. Det. Sweeney: No. And you?re currently back to work at this time? Mr. Olivares: Yes. Many of student train Engineer Olivares? statement appears to be self?serving. On one hand, he makes observations of something near the railroad track a half a mile away, and then he states that he realized a person was on the track just as the train was on top of the trespasser, as he did in his hand written Preliminary Major Incident Report taken less than 30 minutes after the incident. It appears Olivares is asked leading questions during his sworn statement regarding Tiffany?s location with respect to the train prior to being struck; i.e. ?standing? and ?perpendicular.? Olivares? estimations of distance are questionable. Again, he ?rst stated he noticed Tiffany when he was approximately one half mile to a quarter mile away from her. However, this observation is not supported by the train ?Black Olivares states that the train was traveling 80 miles per hour with high beam lights on, and that as he approached closer, he saw someone crouching approximately 15? 20 feet away from the tracks. Having personally been to the scene, this statement is not credible. If Tiffany was 15?20 feet away from the tracks, her body would have been hidden by foliage in the area. He further stated that he saw her facing away from the train, crouching, and proceeded to stand up and dive onto the tracks. Not only is this physically impossible, even for a volleyball athlete, but it completely contradicts the original statement given to the Medical Investigator at the time of the accident, ?i?bat a?ma/e ?dan?ed autfmm the tree; and ram rig/9r 2'71 from oft/ye train, ?and that ?Decedmt bad been #93 wood; on #96 1107279 side off/ye tracer. ?And finally, as noted previously, he says that he first observed Tiffany when the train was ?right on top of the trespasser.? The sloping grade of the tracks in this location is built up with stone to a height of approximately 18? 20 inches with a top width of approximately one foot to the rail, making it highly unlikely Tiffany ?ran,? ?jumped,? or ?dove? in front of the train. Considering Apprentice Engineer Olivares? statement together with Engineer Daniels? statement, it?s much more likely Tiffany was always in a sedentary crouched position directly next to or on the left rail and railroad tie when she was struck. It?s likely her 6?2? frame gave the appearance of having ?jumped? as it was being partially hurled into the air when struck, dragged, and dismembered. The photographs taken by investigators the night of the event suggest Tiffany was struck by the lower left portion of the train cab. There is no indication her body reached the center of the tracks prior to being struck. Only the left half of the bumper of the train shows evidence of the initial impact. Human matter is observed only on the left front of the cab, with splatter on the upper left side of the cab. Material suggestive of brain tissue is observed on the inside of the left track. Especially interesting is a large, dark, stained area on one outside rail tie, suggestive of a large amount of blood having been absorbed by that one tie possibly due to ante?mortem trauma. There is also tissue on the outside of the left rail at the initial point of impact. There was never a reconstruction undertaken to determine if it was possible for someone to have pushed Tiffany onto the tracks considering the feature of the rail bed in this location. Even at 6?2? tall, it seems Tiffany would have had to scale the stone grade and then hurl herself in front of the train, which most likely would have taken longer than 2.5 seconds from a crouching position, and even more unbelievable if she was standing a distance of 15?20 feet from the railroad tracks. Scaling stone was never among the various accounts described by the student engineer. Additionally, there was never a reconstruction or analysis commenced to determine if the pattern of Tiffany?s injuries would be consistent with her having been in a sedentary, crouched position beside the rail, or from an outstretched moving running, jumping, diving position when struck. It should also be noted there is a gravel roadbed running parallel with the train tracks in this location that can accommodate a full size vehicle such as a pickup truck or SUV. Tiffany?s body could have been dumped beside the tracks. Unfortunately, any evidence of a motor vehicle having traveled on this service road prior to impact may have been compromised by emergency response vehicles if they chose to access this remote location using that very roadway. A first responder vehicle is pictured beside the track in at least one of the scene photos. Additionally, there is a clear vacant lot with tall grass and several cinder block storage buildings that border the railroad tracks in the location where Tiffany was struck. This vacant lot runs parallel with the train tracks and fronts the major four-lane state highway of Route 30. This vacant lot could have been traversed on foot or in a vehicle. The access gate to this uninhabited and abandoned property was reportedly found open the night of Tiffany?s death. It is also believed that ?rst responders used this vacant lot on the night of Tiffany?s death. It is not known if this vacant lot was ever searched for evidence that may have contradicted the Medical Examiner?s conclusion of suicide. Uncle?s Statement to Medical Investigator at Scene Medical Investigator?s Investigative Data Sheet contains information attributed to Tiffany?s uncle, Michael Valiante: ?fieigeant Delncca related that he had received a call front State Police that they were tending one of their troopert to the tcene, at he had reaton to helieve that he decedent wat hit niece. Trooper Michael ?Mict?gz? Valiante, If Berlin arrived on teene at 02:30 heart to view the decedent. Although there were no true facial ?atnret, Trooper Valiante recognized the clothing and ttated that he con/d tell, alto, ?oor the haild of the decedent. He related that the decedent had heen at a family party where he wat alto in attendance earlier in the evening. 3 he had gotten into tonie tron/ale the day heghre at well at the deg! of the party, and her friendt ttated that the ?had cut herteh?7 and wat extranehl aptet. He alto ttated that the had heen having a lot of ditagteeinentt with her mother recently and wat extraneh/ over maze of the thingt that had happened 3 he retided with her parentt a veg) thort dittance?oin where the had janiped in ?ont of the train. He made a de?nitive idena?ention, and went to make noti?cation along with the o?icerfrone the Trantit Police. I showed Michael this paragraph contained in the Data Sheet for the first time when I interviewed him on February 22, 2017. He stated this information is inaccurate: 1. No one from the NJSP called Sergeant Delucca on his behalf. He came upon the scene. Although a State Trooper, he was not active, but was on Military Leave from NJSP on July 12". Michael said he was careful to identify himwlf as being on Military Leave to assure NJT personnel he was not requesting to become involved in the investigation as a State Trooper, but rather was mentally able to proceed to the scene and make identi?cation, having served in Iraq and Afghanistan. He denies saying Tiffany had ?gotten into toine troahle the day hefore?because he only knew of the argument she had with her mother two hours prior to being struck by the train. He denies saying Tiffany ?had heen having a lot of dztagreeinentt with her mother recentl and wat extremehj dittraaght over toine the thingt that had trantpired. ?Although he lived across the street from his brother, Tiffany?s father, he had very little interaction with the family on a day- to?day basis. Being Active Military, when he was home, he was very involved with his own children and not aware of any ongoing, personal problems his brother?s family may or may not have been having. Although he said he thought Tiffany had been in counseling referring to Atlanticare Behavioral Health he didn?t know any details. He never heard anyone mention Tiffany ?had cat herteh?? and had no knowledge if any of Tiffany?s friends were ever at the scene and spoke to NJT or the Medical Investigator that night. His daughter is the same age as Tiffany, but they had a different group of friends. There is no indication from phone records or interviews with friends, family, or anyone that Tiffany got ?Tnto toine tronhle the dew hefore at well at the den; of the party. ?Who provided this information attributed to ?herfriendt?reporting she ?had cat herteh" and ?wat extremeh/ aptet??Tiffany?s family was only told of this alleged self?mutilation the night of her death when Jaime Haye told Tiffany?s sister, Jessica, that 10 Tiffany had cut her wrist in November 2014. However, both sisters and mother said it would not have been possible that Tiffany would have intentionally cut herself and that no one would have noticed a cut on her wrist. It should be noted that Jaime never mentioned anything about Tiffany cutting herself when she was interviewed by NJT Detective Acevedo on August 15, 2015. Jaime told Detective Acevedo that Tiffany was ?always sad,? was stubborn, had a temper when angry, was impulsive, but ?never talked about suicide.? Additionally, the family later learned that Jill Higbee gave a statement to Detective Acevedo on August 15, 2015, in which she stated Tiffany had shown her where she had intentionally cut her leg in May. The family also disputes this allegation. Dianne, Tiffany?s mother, said she would have noticed a cut on Tiffany?s leg in May 2015 since it was summer, and Tiffany would have been wearing shorts all the tune. Records obtained from Atlanticare Behavioral Health show no evidence of suicidal ideation, depression, or anxiety. Self-mutilation never came up and was never discussed. There is absolutely no evidence to support the statement that Tiffany and her mother were having ?a lot (yfds'mgi'c'emmz?f?or that Tiffany was ?erreme?/ dirtmag/az?? over anything. In fact, reading text messages contained in her cell phone indicates she had a very good relationship with friends and family, especially her mother who was helping her prepare to leave for college and seemed to give her a wide latitude as it related to her personal behavior and freedom. She also had two emoji lips (kisses) next to her mother?s name in her cell phone contacts. Further, Tiffany was actively searching for a kitten to give her mother as a birthday present on July 21?, reaching out to multiple friends and putting a lot of effort into the search before finally ?nding a kitten the day before her death. B. NO AUTOPSY COMPLETED No one from the Medical Examiner?s Office has ever interviewed Tiffany?s parents or sisters. When I worked at the Atlantic County Medical Examiner?s Office it was mandatory under our Policy and Procedures to interview the decedent?s family as part of the investigation. I did not read from Mr. D?Amato?s ?le any statements from family or friends about Tiffany?s mental state until I had independently and without bias had the opportunity to review all the investigative reports, photographs, and visit the scene. February 11, 2017 was the first time I sat down and spoke with Tiffany?s parents and sisters. Both of Tiffany?s parents are public school employees, accustomed to being surrounded by children. Though Tiffany?s older stepsisters are married and have children, Tiffany spent a great deal of time visiting them. Both Jessica and were adamant that they had a very close relationship with Tiffany. I found the family to be very open and forthcoming when we spoke, despite their obvious deep and unshakeable belief that Tiffany did not commit suicide. Tiffany?s relationship with her mother in 2014 was strained. Dianne Valiante admitted she had become short tempered, but attributed this to menopausal changes. In 2014, one of Tiffany?s teachers saw a bruise on Tiffany?s arm and, after reportedly discussing this with Tiffany, the teacher felt she had an obligation as a mandatory reporter to contact DYFS. The case was investigated by DYFS, who visited the home three times and spoke to family members. The case worker suggested Dianne and Tiffany undergo counseling at Atlanticare Behavioral Health. 11 Atlanticare Behavioral Health Records Their first and only counseling was an intake on November 17, 2014. Dianne felt [she and Tiffany] had overcome their difficulties and the case was closed on December 17, 2014. Records from Atlanticare reveal Tiffany?s grandfather died on November 19, 2014, while they were in counseling. Mother is described as emotional and anxious, while Tiffany is reserved and calm. There is a maternal and paternal history of anxiety and depression. Mother had been on Zoloft in the past, and both half- sisters had been treated for anxiety. One of her half?sisters is taking medication for anxiety. later told me neither sister has needed anxiety medication for many years.) Atlanticare Summary ?1 7y/ 0 Caucarianjemale referred to OP h} Mother admitr to punching her in the arm cz?er an argument, rchool contacted when the hruire war reen. Client har heen making poor decirionr latch); rmo/?ing cannahir with a friend, rhipping clarr after her granehfather?r death, and taking mongl?om mother?r han/? account (granted accerr @1 mother). Client ir a good rtudent, athlete, and har clear future goalr. Client reportr rhe ir aware of the poor judgement and feelr rhe har ?learned her lerron, and war jurt heing rtupid and immature. ?Mother and client hare (af?nity communicating hut are otherwzre a rtahle famihr Client denier til/HI, denier anxiet and denier deprerrion. Mother acknowledged not heing ahle to more on from the incidentr due to her anxiety. Famih/ accepted the raggertion to work on communication in the home, mother will reeh independent rapport if needed, return to care if needed ar there ir no eoidence of dirorder. Ar ruch, care war not accepted In my discussion with Tiffany?s parents I found both accepting of Tiffany?s sexuality. In early 2015 she had advised her parents that she was a lesbian. Dianne advised me that she had been supportive of Tiffany?s relationships with other women. If there was any continuing difficulty in their relationship, it was not reflected in any of her phone messages I read that had been accessed after Tiffany?s death by the Atlantic County Prosecutor?s Office. However, it would not be atypical for a teenager, who recently graduated high school and is eager to be independent, to have disagreements with her parents. Tiffany was a designated driver for family and friends, last picking her parents up from a restaurant at 2200 hours on July 11th. Tiffany?s Social History It appears Tiffany had it all. She was physically attractive and tall, which was an advantage for this 18 year old, 6?2? female athlete. According to family, friends, and information contained in her cell phone, Tiffany was popular with a close circle of both male and female friends. She was involved in apparently healthy personal relationships that explored her sexuality. She was an accomplished student athlete who excelled in academics as well as her primary sport of volleyball. She received a great deal of praise from her teachers and coaches, and earned five college scholarships. She was employed by her local Wawa. Tiffany had recently broken up with her girlfriend Rachel, however the texts in her phone reveal it was an apparently amicable breakup. Tiffany had embarked on establishing a new relationship with a girl she met online. Tiffany reportedly expressed to friends her uneasiness with leaving home for college. However, conversations and photographs contained in her phone indicate she was eagerly shopping for dorm accessories and clothes to take away with her to Mercy College in Dobson, NY in August. On July 8th, 12 Tiffany had engaged in a friendly conference call with members of her new college volleyball team arranged by her college coach. She was to leave for college on August 18th on a volleyball scholarship where she planned to major in Criminal Justice. On July 12th, at 1356 hours, Tiffany texted a member of her college team asking what time the college orientation was to take place on August 21?. Just hours before her death, while at a graduation party, she told multiple adults how much she was looking forward to playing volleyball at college. These neighbors commented in their written statements she appeared happy, she was laughing, and she was even playing on the waterslide with children who attended the graduation party. Circumstances of the Confrontation with Mother and Friend Approximately two hours prior to Tiffany?s death on July 12, 2015, one of Tiffany?s best friends, Jaime Haye, came to Tiffany?s home. Jaime brought her mother with her. Jaime and her mother questioned Tiffany in front of Tiffany?s mother, Dianne, as to Tiffany?s alleged unauthorized use of the debit card the previous day. Jaime became very excited over this issue. According to Dianne, Tiffany replied, ?Jaime, why are you acting this way?? Dianne toldJaime and her mother that she would talk to Tiffany, and if there was a misunderstanding regarding the use of the debit card Dianne would make sure that Jaime was repaid approximately $86.00. Tiffany subsequently admitted that she had used the card, but added that her friends always used each other?s credit or debit cards when necessary. Tiffany added that she had spent a recent evening with Jaime when Jaime was intoxicated and that Tiffany had spent money buying Jaime meals and other items. The encounter with Jaime in my judgement does not arise to a motivating factor for Tiffany to have taken her own life. Rather than this being a motivating factor, it is much more likely that this athletic teenager, after two hours, would have ?walked off? any emotion she was feeling when she walked away from her house. It was hot the night Tiffany walked away from her house. It?s much more reasonable to believe an 18 year old walking for two hours, nearly four miles, would have been thirsty, turned around, and gone home. She was leaving for college in four weeks and wouldn?t have had to confront Jaime again if she didn?t want to. In the same respect, she would also be leaving home and living on-campus in four weeks if she were unhappy with home life. C. REGIONAL MEDICAL FAILURE TO FOLLOW ESTABLISHED PROTOCOL The Regional Medical Examiner?s Office did not procure any of Tiffany?s medical records. Mr. D?Amato?s office did, in fact, procure many of Tiffany?s medical records. These records do not reveal any evidence of her ever being diagnosed or treated for bipolar disorder, depression, anxiety, or any chronic mental or physical condition. The only medication Tiffany was taking on a regular basis was Nicomide, a multivitamin, for acne. She also took medication for acid re?ux when needed. Although she admitted to smoking marijuana in the past and occasionally drinking alcohol, there is no evidence of other drug use. Her toxicology in the Medical Examiner?s Report was negative. There is no indication there was ever any timely interviews conducted with Tiffany?s parents by any investigator in this case. The parents reported they spoke only briefly to NJT Detective Acevedo on August 6th, and that he asked very few questions. The only personal history for Tiffany appears to have come from Detective Acevedo?s separate interviews with Tiffany?s young friends Jamie Haye, Jillian Higbee, Lindsay Bacanskas, and Kira Erbele on August 15th. Their information is anecdotal and 13 mostly unsubstantiated. This information cannot be deemed reliable and should not be used to base a history of depression, self?mutilation, or a diagnosis of bi-polar disorder on the decedent, none of which exist in the medical or school records, and is denied by teachers, coaches, and family. Tracking In the ?le procured by Mr. D?Amato from the Atlantic County Prosecutor?s of?ce, there is a reference to a retired Police Officer and professional trainer and handler Joseph Nick, who, at the request of Tiffany?s uncle Michael Valiante, took a blood hound to track Tiffany?s path from her home to the point of impact. On July 17th, the Atlantic County Sheriffs Of?ce dispatched K-9 Unit Of?cer Kleinow and his dog to the Valiante home to try and track Tiffany?s movements after she left her house the night of her death. It?s important to note that before July 17rh it had rained heavily prior to the tracking. The dog reportedly tracked her on a route from her home to just south of the point of impact by the train where the dog then lost the scent. The tracking took one hour and ten minutes, and totaled a distance of roughly 3.2 miles. The question that needs to be asked is why the dog lost the scent at this location? It would seem reasonable to believe the scent would be strongest from this point, just south of the location where she was struck and where human tissue would still have been present. Additionally, the fact that the dog came a few hundred feet from where Tiffany?s sneakers and headband were later found on Old Tilton Road on August 3rd, but did not track in that direction or hit on those items, brings into question the accuracy or validity of the tracking. Further, this may suggest that Tiffany?s shoes and headband were thrown or placed at the location they were found at a later date than the tracking. The route tracked by the dog would have meant Tiffany walked barefoot, several miles over asphalt, twigs, and stones through woods in complete darkness until she reached the railroad tracks where she continued to walk more than a mile on gravel, black dirt, and stones until the dog lost her scent approximately 1584 feet from the point of impact. The possibility she was abducted at some point and driven to this location cannot be ruled out. Due to the remoteness of the scene, vehicles used by first responders to access the scene most likely destroyed any evidence of a vehicle having recently been in this location or any footprints left by anyone prior to the ?rst responders? arrival. Headband and Sneakers On August 3, 2015, at 1519 hours, Tiffany?s mother, who never gave up searching for evidence in her daughter?s death, found Tiffany?s headband and sneakers in a leafy area approximately 15 feet off the heavily traveled Old Tilton Road. Mike Valiante called Galloway Township Police, who then contacted NJT Detective Sweeney, who proceeded to photograph the area and secured the clothing. A sweatshirt was also found on the shoulder of the roadway approximately 15 feet from the sneakers. Photographs of the sweatshirt suggest it is not weathered and may have been recently discarded in die location where it was found. When I met with Dianne on February 11, 2017, she told me the sweatshirt did not belong to Tiffany. Dianne also said she found a car key tag on the ground near the sneakers, a tag that would commonly be placed on a key when a car is being serviced at a dealership. Dianne advised me that Detective Sweeney secured the key tag and all items found at this location. Problems with Noti?cation of Death New Jersey Transit Police accompanied Tiffany?s uncle, Michael Valiante, to the home to make noti?cation of death at 0230 hours on July 13". Although police from two jurisdictions were present, this dif?cult task was left to the distraught uncle. As stated above, Michael Valiante was on Military 14 Leave from the NJSP. Michael apparently could not bring himself to tell Tiffany?s parents and sisters the exact circumstances of her death, and, unfortunately, no one from NewJersey Transit or Hamilton Township Police stepped forward to help him explain exactly how Tiffany died. For the next several hours Tiffany?s family assumed that when Michael said Tiffany had been hit by a train he meant that she was inside a vehicle which accidentally drove onto the train tracks and was struck by a passing train. For the parents the shock of how Tiffany died was another jolt. They first learned of the exact circumstances surrounding her death from reading written accounts on social media and in the newspaper at 0800 hours; the newspaper incorrectly reporting that she had been standing in the middle of the train tracks. This is a prime example of why Death Notification Protocol was established by the New Jersey Attorney General decades ago, and should have been done by an officer from NJT and not left up to the uncle, despite his training as a NJ State Trooper. Delay Interviewing Family As previously noted, I was surprised to learn from the Valiante family that they have never been interviewed by anyone from the Medical Examiner?s Office. Two of Tiffany?s uncles, Salvatore Valiante, Jr., and Robert Valiante, Sr. were at the scene on July 16th and noticed a nearby clearing that looked suspicious and called local police, who then notified New Jersey Transit investigators. NJT Detective Sweeney went to the location, arriving at 1230 hours. He spoke with the uncles and processed the surrounding area, securing an axe. It is not known if this axe was processed for the decedent?s DNA. Detective Sweeney photographed the private property surrounding the area of the nearby clearing. Photographs reveal that in the clearing there is evidence of recent drug activity possibly a hang-out area. In addition to discarded sofas, lawn furniture, and mattresses, there were small green leafy plants, suggestive of marijuana, in potting containers which showed evidence of active and recent cultivation. There is a residential drug treatment facility fronting the railroad tracks several hundred feet through the woods from where Tiffany was struck by the train. Hansen House provides drug treatment for both men and women, many of whom are on probation and in court ordered treatment. The uncles told Detective Sweeney they did not believe Tiffany?s death was a suicide. Despite this, the family was not interviewed by anyone involved in this case for three weeks. Even after Tiffany?s mother had found Tiffany?s headband and sneakers on the side of the road on August no one interviewed the family. Three days later, on August after receiving a call from Dianne asking why no one had come to the home to question the family, Detective Acevedo arrived at the home at 1300 hours and spoke to Tiffany?s parents for the first time since Tiffany?s death. Dianne reports that Detective Acevedo asked very few questions and left after only approximately one hour. The family wrote the Atlantic County Prosecutor?s Office on September 14th, complaining that the family believed not enough was being done to investigate the death of their daughter. At the request of the family, Detective Acevedo, accompanied by Atlantic County Prosecutor?s Of?ce Detective Ryan Hutton, went to the Valiante home on October 28th at 1000 hours. The Detectives photographed Tiffany?s room. According to Tiffany?s parents, the detectives did not interview any family members at that time. 15 Multiple Vehicle Break-Ins at the Valiante Home On September 8th at 0642 hours, Dianne caught a person in the process of burglarizing Dianne?s vehicle that was parked outside the family home. Police were called and Michael kept the suspect, Benny Ward, on?scene until Hamilton Township Police arrived to make the arrest. On December 315?, Tiffany?s parent were sleeping when Tiffany?s car alarm suddenly went off close to midnight. Stephen went outside to investigate. The family has been unable to locate the spare key to Tiffany?s vehicle since her death, and could not understand why her car alarm would go off. Stephen searched trails close to the home, but did not see anyone in the area. After Tiffany?s death Stephen had installed a security surveillance system at their home. Surveillance footage seemed to capture someone in the rear seat of the vehicle, reaching forward over the front seats and moving the sun visor up and down. Atlantic County Police Department Detective Hutton secured the surveillance footage from the home and Hamilton Township Police fmgerprinted the vehicle. D. ANALYSIS OF THE MAJOR INCIDENT EVENT RECORDER The MIER Black BOX reveals that the apprentice engineer sounded the train?s horn four separate times as the train traveled 1,134 feet as it approached and went through the Cologne Avenue crossing, traveling at 67 miles per hour. After passing the Cologne crossing and ending the horn, the train continued to accelerate until it reached a speed of 80 miles per hour. Apprentice Olivares did not activate the horn again for 27 seconds. After the train traveled an additional 3,061 feet, the horn was activated for a single, sustained 2.5 second blast. The horn stopped and 1.6 seconds later, the emergency brake was activated. The apprentice engineer never activated the bell, as stated by the engineer and conductors. From the time the apprentice engineer sounded the horn, struck Tiffany, and applied the emergency brake, it took a total of 4.1 seconds as the train traveled 460 feet before it began to decelerate. It appears from Olivares? sworn statement that the train struck Tiffany during the single, sustained 2.5 horn blast - making it likely that Tiffany was no more than 230 feet away from the cab of the train when the apprentice engineer ?rst saw her. E. UNANSWERED QUESTIONS AND CONCERNS N0 Witnesses Saw Tiffany Walking The night of Tiffany?s death was clear and hot. The family lived in a heavily wooded area. There are no street lights for much of the route that Tiffany allegedly traveled. According to several family members Tiffany was very afraid of the dark. Unless she was picked up by another person(s) in a vehicle, Tiffany would have had to walk in the dark, tree lined, and isolated roadways and railways, without her cell phone, before coming to the point of impact approximately 4 miles away from her home. Despite a great deal of publicity in this case, no one has come forward to report they noticed this very tall female dressed in shorts and a tee shirt walking alone along the only portion of well lit, heavily traveled roadways she may have traversed: Old Tilton road, Wrangleboro road, Pomona road, or Route 30 between the 2130 hours and 2300 hours on July 12?. Although several family members and friends started their search for Tiffany within minutes of her disappearance, no one came upon her on the road, even while searching on four?wheel terrain vehicles. Additionally, security surveillance 16 cameras in the area at CNS Storage Facility, Wawa, and the Vaikunth Hindu Temple, checked by the NJT at the request of the family on July 18*, did not capture Tiffany in any video or photographs. Cell Phone If there is one thing a teenager tends to cling to, it?s their cell phone. Anyone with a teenager knows their cell phone becomes an appendage. It is highly suspicious Tiffany did not retain her cell phone after she left her residence. It is much more likely she would have blocked her mother?s texts or silenced the phone rather than willingly dispose of the cell phone in the brush by the end of her driveway. Many people were searching for Tiffany on foot and in open vehicles. Phone records reveal many tried calling her cell phone continually, to the point where her phone received a call almost every minute or two from various friends and family. Yet, no one heard her cell phone ring, despite the fact it was found by her father only a few yards from the family driveway. Was it purposely placed in that location by someone later in the night? Or was this where Tiffany dropped it as she walked away at 2128 hours? The phone was turned over to the Atlantic County Prosecutor?s Office Major Crimes Unit on July 29r11 by NJT Detective Acevedo for extraction of data. ACPO Detective Hutton downloaded its contents. The following is a statement provided to me by Tiffany?s sister, regarding her examination of the downloaded data from Tiffany?s cell phone. It is belief that the data shows the cell phone was in use after Tiffany walked away from the home and before the cell phone was found by her father: ?There is some evidence that I have found in Tiffany?s phone that raises a question of how and who? There was a call from Jaime Haye to Tiffany at 10:39pm on July 12, 2015 that was answered for 24 seconds. I know this as well as anyone familiar to the iPhone. \When a call is answered it turns the name of the caller ?black? and states ?Incoming or Outgoing? below the name. When a call is missed it will turn ?red? whether the caller missed the call or went to voicemail. It will not state incoming or outgoing. It will say only, ?Missed Call.? My sister?s phone shows Jaime called her and her name was black with it saying Incoming call for 24 seconds. Now that to me raises questions. Who had my sister Tiffany?s phone and answered it at that time, if my sister did not have her phone with her and was found by my father quite a few feet from driveway of Tiffany?s home? There was also data usage in Tiffany?s phone that shows someone was on her phone in an app that uses a large amount of data at 10:42pm on July 12, 2015. There is another we before that at 10:23pm that shows data usage as well, but not as much. This indicated to me that Tiffany would not have had her phone being she was miles away and it being close to the time of her death. How does she use an app around that time and her phone had been found so very close to home is she ?walked? four miles to the train tracks? This information is in Tiffany?s phone records under data detail aka data transfer. This tells you how much data is used at that time period that Tiffany disappeared from home.? Headband, Sneakers, and Deer Camera A deer camera on the Valiante property captured photos of activity around the outside of the home. This was important evidence that could have been secured and proved helpful had investigators interviewed the family in a timely manner. NJT Detective Acevedo did not secure the deer camera 17 from the home until August 15th. It clearly shows Tiffany walking away from the home with her cell phone in hand. It captured a photo of the clothes she was wearing, including sneakers and a headband. The fact that sneakers were never photographed or recovered from the scene was apparently never considered an important piece of evidence by the Medical Examiner or any investigator involved in this case. Although there is hair present at the scene, the headband later found with the sneakers was never observed in photographs taken of the scene on the night of fatality. There has never been an explanation why her sneakers and headband were never found at the scene, but rather showed up three weeks after her death, miles away. Detective Acevedo?s Complaint Follow?Up Informational dated July 16?h states, ?17% dammed was not wearing 5/9065 and cy?i?er a ream/9 oft/ye arm, none werefomd. I have not personally inspected the headband or sneakers found on August 3?d. However, photographs show no evidence of blood or tissue, which if present, would have suggested they had been worn by Tiffany at the time of the impact with the train. I do not know the condition of the soles of the sneakers, which were brand new and worn for the first time at the party. The area where the sneakers and headband were found is approximately one mile from her home, and three miles from where Tiffany was struck by the train. The sole of her right foot, viewed from photos taken in the autopsy room, shows no sign of abrasions or cuts, which would have been expected had she walked barefoot over roadways and rough terrain for over three miles. Scene photographs reveal the presence of dark colored pieces of clothing on the tracks as well as a dark blue sleeveless shirt on the decedent. No underwear is listed in the Medical Examiner?s Evidence Property Records. There is no reference to clothing mentioned in the Medical Examiner?s View Report of Examination to indicate clothing was ever examined to rule out ante?mortem injuries, such as rape or gunshot residue or other particulate matter. Had a description of clothing been in the View Report, it may have alerted of?cials that footwear was missing. Ante-mortem or Post-mortem Trauma In photographs observed, the decedent?s head was crushed. The skull cap is fragmented into several pieces and scattered. It is not known if there was any evidence of ante-mortem trauma such as from the axe found near the scene, a motor vehicle, or a gunshot wound such as from a .22 caliber weapon. There appears to be bruising on the knuckles of the right hand, and nailbeds on the same hand are cyanotic. The thumb appears to be bruised in one photo observed, however the photo is rather dark. A rape kit was never performed on this teenager. F. CONCLUSION It is highly unlikely this very accomplished 18 year old female athlete walked barefoot, alone in the woods, without her cell phone, over stones and brush, in the dark along 1.5 miles of isolated railroad tracks on a hot summer night for a total of nearly four miles in order to commit suicide. Using a best friend?s credit or debit card one time without her knowledge to purchase $86.00 worth of items does not rise to the level of suicide in someone with no other personal conflicts, history of suicidal ideation, or mental illness. Death by train is an extremely unusual method of suicide to be contemplated by anyone, especially a 18 female teenager with no history of emotional instability. The loud sound of an approaching train is much more likely to invoke a ?ight response in a sober individual. Had she wanted to commit suicide, Tiffany could have walked in front of a car on the heavily traveled four lane highway. 1. 2. ?50.0051 11. 12. 13. Facts Tiffany disappeared within minutes of walking away from her home. Statements in the (RIME) Medical Investigators Data Sheet used by the Medical Examiner to base a determination of ?suicide? are inaccurate, unsubstantiated, or false: a. Attributed to NJT personnel is completely false . .the train engineer had etated that a ?nea/e ?darted ont?one the treey and ran ?ght in front of the train. had heen in the woody on the North side of the traehe. b. Attributed to Uncle and friends is inaccurate, unsubstantiated, or false: he had gotten into Jonee troah/e the day hefore ax well a; the day (yr the party, and her friendy rtated that ehe ?had eat herretf7 and war extremeh/ upset. He a/Jo Itated that the had heen having a lot of diragrteneentr with her mother reoenth/ and war extremehj ooer 507728 of the thing: that had happened. Multiple inaccurate, apparently self-serving, con?icting statements made to investigators by the engineer and his student who it turns out was unsupervised at the time and the only eyewitness to the event accounts factually contradicted by MIER Black Box. No drug/ alcohol test of student engineer, whose sworn statement was not taken for 10 days. Improbable that Tiffany would have been able to ?jump? or ?dive? a distance of 15 feet to 20 feet onto a built up stone railroad grade from a standing position. Head was crushed, brain obliterated, and skull severely fragmented, obscuring evidence of possible ante-mortem injury such as from a gunshot wound. No footwear found at the scene. There is no indication Tiffany suffered from Chronic Traumatic Encephalopathy (CTE). Investigators? failed to interview family in a timely manner. . Popular with a close circle of friends, admired by her teachers, coaches, employers, and neighbors. Raised as if she were a single child for the past 10 years by two loving parents and indulged by two devoted sisters, two grandmothers, and many relatives. Received five scholarships for sports and academics. Preparing and looking forward to going away to Mercy College in four weeks to play on a collegiate volleyball team and to major in Criminal Justice. There are many unanswered questions, con?icting accounts, and false information in this case. Based upon my investigation, it cannot be ruled out that Tiffany was driven or forced to walk to this location, assaulted, and placed on the tracks to hide evidence of a crime. Therefore, it is my professional opinion the death of Tiffany Valiante warrants further investigation and the Manner of Death should be amended by the Medical Examiner from ?Suicide? to ?Undetermined?. 92-44 a; H. Louise Houseman, Senior Medical Investigator (Ret) Date 19 H. LOUISE HOUSEMAN 11 Lowell Street Mays Landing, NJ 609-625-6996 HIGHLIGHTS OF QUALIFICATIONS Solid professional skills in forensic medical investigation, journalism, business administration, managerial accounting, education and funeral service Over 15 years of broad-based business experience Well organized self starter with ability to anticipate needs, problem solve and retain a sense of humor. PROFESSIONAL EXPERIENCE Forensics: - Over 20 years investigating natural and unnatural deaths in Atlantic County, NJ - Review medical records. discuss medical history with physicians and nurses - Testify in court when required - Per diem Medical Investigator for State MEO in Cumberland County during super cession in 1994 and after establishment of the State Regional Medical Examiner?s Office in 2004. - Researched and wrote the Disaster Preparedness Plan for the Atlantic County Medical Examiner's Office. - Developed and implemented forensic education program presented to area high school and college students - NJ State Certified Instructor of police recruits at the Atlantic County Tony Canale Training Center Administration: Atlantic County Medical Examiner?s Office - Senior Medical Investigator responsible for training and overseeing the investigative work of three full-time and two part-time medical investigators - Assist the medical examiner with administration of office and staff First Director of Holocaust Resource Center at Stockton State. - Coordinated workshops to assist educators implement curriculum in prejudice reduction. - Planned and organized the dedication of the Center. - Authored and designed the Center's first brochure. Coordinator of Campus Hearing Board (College Judicial System) - Investigated complaints filed by police, students, faculty and staff - Streamlined schedule of Campus Hearing Board and instituted compliance monitoring system resulting in greater efficiency. - Maintained the confidentiality of student disciplinary files. - Developed end-of?semester statistical reports. Business: - Wrote business plans, obtained financing and developed financial systems for sole proprietorship and corporation. -Worked with government agencies and professionals to obtain zoning variance, develop building design/renovations, and obtain necessary permits for residential and commercial real estate projects. Managerial Accounting: - Performed daily bookkeeping functions; generated financial statements; reconciled bank statements; formulated budgets, and maintained AIR, Computer Systems 3. Applications: - Developed database used by Stockton State to win a $100,000 grant to expand drug and alcohol awareness program. - Adapted and implemented computer system for funeral service case management H. Louise Houseman Page 2 Accomglishments Awards - First Medical Investigator to become Board Certified in the State of New Jersey - 2005. - Wrote the first Bachelor of Arts degree program approved in New Jersey for the study of Mortuary Science. - Researched pre-need insurance product adopted by the New Jersey State Funeral Directors Association. - Legion of Honor Award 1989 The Chapel of Four Chaplains - Galloway Township Resolution 1992 presented for work in prejudice reduction. Professional Licenses 3. Affiliations New Jersey Instructor (Ret.) Police Training Tony Canale Training Center Board Certified Fellow American Board of Medicolegal Death Investigators Governor Appointed Member Past Secretary New Jersey State Board of Mortuary Science in the Division of New Jersey State Department of Consumer Affairs Past Member South Jersey Investigators Association National Board Certified in Funeral Service - 1981 New Jersey Practitioner of Mortuary Science inactive 2013 after licensed for 30 years Past President - West Jersey Funeral Directors Association Past Board Member - New Jersey State Funeral Directors Association EMPLOYMENT HISTORY 1992 ATLANTIC COUNTY MEDICAL OFFICE Ret2013 Northfield, NJ Senior Medical Investigator Police Training Instructor 2004 OFFICE OF THE NEW JERSEY STATE MEDICAL OFFICE 1994 Vineland and Woodbine Per?diem Medical Investigator 1996-2001 MERCER COMMUNITY COLLEGE, Trenton, NJ Adjunct Instructor - Funeral Service Law 1987-91 STOCKTON STATE UNIVERSITY, Pomona, NJ (part-time) Director Holocaust Resource Center Administrative Assistant - Dean of Students Coordinator - Campus Hearing Board 1987-92 RIVERVIEW MEMORIAL CHAPEL, Linwood, NJ Owner/Manager - Funeral Home 1980-87 ROTH MEMORIAL CHAPEL, Atlantic City, NJ Partner - Funeral Director 1978-90 CTV lNC.,Absecon, NJ Secretary/Treasurer Casino Service Industry 1973-78 THE PRESS OF ATLANTIC CITY, Pleasantville, NJ Staff Writer - Daily Newspaper Weekly Columnist - Feature Stories Rewrite EDUCATION STOCKTON STATE UNIVERSITY, Pomona NJ Bachelor of Liberal Arts Certificate in Gerontology Certificate in Religious Studies MERCER COUNTY COLLEGE, Trenton NJ Certificate in Mortuary Science It?ll" HID NOTIFICATION 1 FAX RECEIVED EJLLY I TIME RECEIVED REMOTE C510 ITION PAGES STATUS 3013! 13, 2015 5:30:16 AM EDT 6093437191 Received (35:56 689343T191 To:919732334837 MAJOR INCIDENT EVENT RECORDER DOWNLOAD COVER SHEET DATE: 07.12.15 INCIDENT TIME: (approx) INCIDENT LOCATION: MP45 TRAIN: 4693 LEADING END: 6042 HIND END: 4004 LOCOMOTIVE ENGINEER: Marvin Olivares (Student) DOWNLOAD READ BY: 8. Kureczko Sr. Road Foreman DATE DOWNLOAD READ: 7.13.15 Train 4693 struck an alleged trespasser at MP 45 on the Atlantic City Rail Line. The Included download is from where the engineer sounded his horn for the Cologne Ave- road crossing until the train comes to a stop at MP 45-3. The train is traveling at 80 miles per hour when the horn is sounded and the train is pieced into emergency by the engineer. There is no bell recording on the download.* The Engineer stated that he did activate the bell. The train traveled 2063 feet from the time of EIE until coming to a stop. There are no exceptions noted and the Engineer was operating his train properly. 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