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Re: Destruction of notes and data
Posted by:
Jim Mazerat (IP Logged)
Date: February 25, 2007 11:02PM
If it comes down to the only defense you have is me looking at the other expert’s note to find something that will prove you did not commit the crime you are in hurting shape. Say you are right and I have been called in to look into the opposing side’s expert testimony and report to assist you in your defense. In most cases the scene is no longer available, but if it is I start off with a site examination. I do a complete documentation of the scene myself. I then compare this information with what was learned during the original investigation. If there are mistakes made by the original investigator, this is where they will start to come to life. I will then work backward from their conclusion, to their hypothesis and to the information they supplied as part of discovery. Remember only disclosed information can be used against you. If there is a defense to be had, then this is where I will begin to build it. If you are suggesting the original found information I missed, I suggest you need a better investigator.
I can tell you from experience this is not what all who are asking for these notes really have an attended use for the notes. The main reason is to discredit the investigator. What some in our industry have gone to is if you can not argue the facts then discredit the individual. Yes, this is away to get a person off but personally I do not want to be part of it. If the real story is to obtain monetary gain from the original investigator I suggest thee without guilt cast the first stone. It is easy playing Monday morning quarterback on these investigations. Waiting for another individual to conduct the initial investigation and sit back saying how bad he did without ever putting yourself in the same position.
Again, what I am saying if the only thing possible to give the jury or judge a beyond a reasonable doubt scenario is the hope the person hid a fact in the notes, I not sure anyone can help you. What I see is Don Quixote charging the windmill with this discussion about keeping the notes. Was he right as to his reasoning, yea very good intention, but was it logical based on the facts, not at all. I believe the object is to win on the merits of the case. Could it not be worst to have a criminal get off, not because the merits of the case were sufficient to prove him not guilty, but because the expert was discredited because the other side suggested there was something in his notes he could not read or remember at the time of the trial? Think from the victim’s point of view.