The Trial Phase
Once you take a complicated criminal case, call your professional investigator as soon as practicable. A professional investigator will, upon retention, begin working on a list of potential witnesses. Brief your investigator on as many details of the case as possible. Provide your investigator with a full case file: police reports, statements, crime scene photos, sketches, etc. Your investigator is performing work product, which should (in most cases and in most states) be protected.
The first step is to identify and locate all witnesses in the police reports and statements. Obviously, the professional investigator will (should) interview all of the witnesses that the police have identified. Some of them may not want to talk to you, and they don’t necessarily have to, but a good investigator has a very persuasive manner. A professional investigator will be able to deconstruct witness statements, compare and contrast statements taken at various times, and help you to identify flaws and potential areas of exploitation.
The second step, and arguably the most useful, is the neighborhood canvas. A professional investigator will conduct a thorough search for witnesses that the prosecution either could not find, or that the prosecution would rather you not find. A neighborhood canvas is time consuming, tedious, and requires a systematic approach. But, conducted property, it can unearth valuable, game-changing information.
Stay tuned for the Appeal Phase….