Transferring “all” the data would be okay, but therein lies the rub. When a report is prepared, the investigator is not usually going to include "unimportant details" in it. The report is usually prepared within a few weeks of the scene investigation.
Many weeks or months later, when other parties are involved, details that were initially unimportant suddenly become very important, but if your notes are shredded, that information is lost, except for what you “remember” that you no longer have documentation for.
I have seen this happen over and over in both civil and criminal cases. It is precisely because what may be important to me is different from what is important to you that you should save your contemporaneous notes. They are simply more credible than your memory.
I was in a trial last week that unfortunately involved an unnecessary swearing contest about what a civil defendant said to the plaintiff’s investigator. The report stated that the defendant said “x.” Defendant denied ever saying “x.” But the plaintiff’s expert had destroyed his notes, so it was just a swearing contest. Had the expert saved his notes, he would at least have had a document to back up his recollection. Trouble was, he had spoken with several witnesses, and defense counsel was able argue successfully that the expert could have heard “x” from any of them. Notes would have saved the day (assuming they actually reflected what was written in the report.)
I got crossed in another recent trial about what labeling was on a bottle of acid. Counsel asked me if I was mistaken about what I had testified that I saw. I pulled out a photo of the bottle and showed counsel that I had correctly described the label. (The cheapskate had not taken my depo, so he did not know I had the photo.)
Yes it’s about impeachment and credibility, and methodology. So if you want to avoid such questions, go ahead and shred your notes, and nobody will ever prove that you transcribed or transferred them incorrectly. Instead, it can be made to look like you are hiding something.
I have heard the excuses about how difficult it is to keep notes. I never had a problem with it. And having my complete n otes has served me well on many occasions, when questions came up about details that were not in my report.
The question remains: Other than denying information to a litigation adversary, what real purpose is served by having a company or agency “policy” that notes should be destroyed?
John Lentini, CFI, D-ABC
Fire Investigation Consultant
Florida Keys
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www.firescientist.com]