Scene Preservation for Court using I-Pad

Have an I-Pad, I-Phone, or other smart device? You can use Google Maps with street view and the Screenshot feature when you are talking to a witness in order to look at the "scene" if you are interviewing the witness away from the scene. While it is not a substitute for actually visiting the scene, this can be a handy device for showing a witness a layout. With the I-Pad, you could even have the witness write or "sign" their statement or a photograph of a scene using one of the many note apps that are available. Two blogs in particular have really good examples of these techniques: I-Phone J.D. and Walking Office. Each of these sites have numerous tips for the savvy I-Pad/I-Phone equipped investigator or attorney.

Caution in Interviewing Child Witnesses

Here is an interesting, disturbing, story from New Orleans in the last few weeks...A public defender and an investigator were held in contempt of court for trying to interview a 12-year-old girl and her 8-year-old sister in connection with a rape case without permission from the children's mother. The investigator was apparently a new investigator. The story serves as a reminder that when interviewing witnesses, it is important to follow any court rules, statutes, and regulations on the interviewing of witnesses, especially minors. Of course, when police are conducting interviews, especially when the juvenile is a suspect, often the police are not required to contact parents. Nevertheless, ending up in jail doesn't help any client out. The next hearing on this case is in August and will be interesting to watch. Full article here:

The arrest silenced the courtroom briefly, as a deputy escorted the young woman to Central Lockup. She was released on a $4,000 personal recognizance bond within a half-hour, court records show.

Beasley, who only weeks ago walked through graduation ceremonies at Tulane University, started working for the Orleans Parish public defenders program on June 9.

A month later, she broke the rules of criminal court procedure by interviewing the two girls without parental consent, Judge Frank Marullo ruled today after a five-hour hearing.

"I think the Constitution speaks loud and clear on the rights of victims," Marullo said. "It says in there they can refuse (interviews). They're talking directly to the child. I find that really egregious."

Marullo set the contempt sentencing for Aug. 12. Attorney Kendall Green, a senior public defender, and Beasley face up to six months in jail for the contempt finding. Public defender Dan Engelberg, also accused with contempt by prosecutors, was acquitted by Marullo.

The Componant Method to Criminal Investigations

The Criminal Defense Investigation Training Council has an interesting collection of resources for the criminal investigators with topics including defense of entrapment cases, the role of the investigator, and this interesting piece entitled "The Component Method: A Comprehensive Approach to Conducting Criminal Defense Investigations". For those of you wondering what the component method is...

The Component Method utilizes accepted and proven investigative procedure in an easy to follow format. Each component of the investigation process is designed to uncover leads and develop questions leading to the next component. The subsequent components support the investigator’s efforts to track leads and answer questions developed in previous components.

It is made up of six parts:

1. Investigative Case Review & Analysis
2. The Defendant Interview
3. Crime Scene Examination, Diagrams & Photography
4. Victim/Witness Background Investigations
5. Witness Interviews & Statements
6. Report of Investigation & Testifying

It's nice to have a framework for an investigation, and the role of experts is touched on as well...

The Component Method also reinforces the investigator’s role as the primary investigator in control of the course of the investigation. Utilization of resources such as forensic experts and specialists to support the primary investigator and his pursuit of the truth is also explored. In addition, the investigator’s responsibility as a thinker and strategist is discussed on an intellectual as well as practical level.

Interviewing Witnesses

Interviewing witnesses-first, hope the discovery is not completely redacted and you have some idea how to find the witnesses on your case. Once that part is done, here is a link to a great article, Interviewing Techniques: Friendly, Neutral, and Hostile Witnesses. The article discusses different techniques for interviewing all types of witnesses. At least the witnesses you can find.