WHY WOULD YOU DO CRIMINAL DEFENSE?

Although its not the major part of my business, I do occasional criminal defense cases for some top notch, ethical defense attorneys.  As a retired police detective, I’ve been asked numerous times by current and former police officers why I would do any criminal defense work.  When I do get asked that question, I always respond with the fact that in the United States, every defendant is presumed innocent and is entitled to a defense.  I then bring up the fact of the Duke Lacrosse players who were filed on for serious criminal charges by a rogue prosecutor, convicted in the press in a trial by media, then ultimately, completely exonerated.  If not for a spirited defense team, these young men would have been sent to prison for a crime that never happened.

On a personal note, I was the defense investigator in a case in which a police officer was accused of excess force in apprehending a suspect. Criminal charges were filed against him and he was facing prison if convicted.  I was able to find an independent eyewitness whose testimony cleared the officer of any wrong doing, which resulted in a not guilty verdict.

A person’s whole life can change in a blink of an eye.  Sometimes, like in the Duke Lacrosse players case, the judicial system can do terrible things. In police work, officers have to make split second decisions that can go horribly wrong.  When it seems like the weight of the whole criminal justice system is aligned against you, it’s just your attorney and your defense investigator that stands between you and jail.  Pray that you’re never placed in that situation, but if you ever have the nightmarish experience of being arrested and formally charged with a criminal offense, you’ll understand why I do criminal defense work.

CRIMINAL DEFENSE IN A TRIAL BY PUBLIC OPINION

How do you defend someone in a criminal case that has been played out in the national press for the last two months?  How do you find a jury made up of people who have not been swayed one way or another by the constant attention in this case by the media?   When was the last time you saw the press describe a defendant as a ‘White Hispanic’? How can you get a fair trial for your client when this case has been commented on and analyzed by elected officials, media pundits and group leaders? That’s the task the defense attorneys of defendant George Zimmerman have in the Trayvon Martin case in Florida, and it is very tall one.  The task is made that much more difficult when so many emotional issues are thrown into the mix.

There have been cases throughout history where public opinion has been so inflamed that that the guilt of the accused party was a foregone conclusion, even before the trial began.  For starters, look at the Dreyfus Affair in France and the Atlanta bombing case of Richard Jewel.  In the former, Captain Alfred Dreyfus was convicted of treason for selling military information to the Germans.  He was convicted of treason and sentenced to life imprisonment on Devils Island.  After a number of years in confinement, he was exonerated and reinstated back into the French Army.

In the latter case, Jewel was a security guard at the 1996 Atlanta Olympic Games.  Discovering a bomb at the site, he alerted the police and helped clear the area of people before the bomb exploded.  Even though there was loss of life due to the bomb, he was credited with saving many lives and initially called a hero for his actions.  He later came under suspicion as a possible suspect and although never arrested, had his life ruined by all the media attention.  Another suspect was eventually arrested and convicted, and Jewel was completely exonerated.

I don’t know if George Zimmerman is guilty or innocent of the charges against him.  I do know that here in America, it is every individual’s right to a fair trial before a jury of his peers based on the facts and evidence presented.  I just hope that after all this media attention they can find twelve objective citizens who will decide his fate.

THE TRAYVON MARTIN CASE

Here are my thoughts on the Trayvon Martin case.  This is a case where emotions are running very high, both in the city of Sanford, FL where it happened, and on the national scene.  Political pundits and arm chair experts are constantly commenting on every news leak or story that comes out.  From an outsider investigator’s perspective, here’s what is known.  We have a young 17 year old boy (Trayvon Martin) who is dead from a gunshot wound.  We have a Neighborhood Watch volunteer (George Zimmerman) who claimed he shot him in self-defense.  We have a taped conversation between the shooter and a police dispatcher.  Other than that, it’s mostly conjecture and relaying on news leaks.

Here’s what I think will be important to the case from an investigative standpoint.  If the police did their job, they would have canvassed the neighborhood for witnesses to the shooting.  They would be looking for anyone who saw anything before the shooting, the actual shooting itself, and immediately after the shooting.  The police probably canvassed the area on more than one occasion.  Any eyewitness interviews to the events should have been videoed and tape recorded.  This would go a long way in dispelling any claims of police coercion and also be of assistance if any witnesses subsequently change their story. 

If Zimmerman was knocked to the ground and was subsequently being struck by Martin as some reports are saying, they would be looking for physical evidence of it.  Zimmerman’s clothing would be examined for any evidence of grass stains, dirt or other residue consistent to the ground area where the shooting happened.  Just as important is if there was any evidence of this on his clothing?  Was it on his back, his side etc. 

The press has reported that Zimmerman claimed he was struck in the nose and face and also hit the back of his head when he fell.  If so, they would interview any paramedics that treated him at the scene.  Were there any signs of injury? Photographs should have been taken to show whether there was or wasn’t any injuries that would have been conducive to these claims.  It is important to note that often times swelling and discoloration doesn’t reach its peak until a day or two after an injury.  Subsequent follow-up photos should have been taken.  

One critical piece of this investigation would have been discovered at the autopsy.  What was the trajectory of the bullet when it was fired at the victim? Does it match up with the events as described by the shooter? Was it on an upward trajectory that was conducive with the shooter lying on his back and firing upward or was it at a different angle.  This would be a critical piece of evidence.

UTILIZING FORENSICS

When I first started out working homicide, I was at a crime scene with a forensic team that was assisting us in the crime scene investigation.  One of the items of interest in this case happened to be a box that had fallen from either a table or a shelf to the floor.  I remember that the Forensic team kept running multiple test experiments with the box to see if it fell in the exact place each time.  When I questioned them, they advised me they were testing to see if it always fell in the same place or if it had been moved there by the suspect.

Forensic people look at things from a scientific and analytical viewpoint.  If something happened to a person, item etc., there must be a cause and effect as to how a it happened.  Could a body weighing the same as a suicide victim have hung themselves from a certain height and item (Pole, railing, shower rod etc.) without the item breaking or falling?  Could a spent cartridge at a shooting scene have landed in a certain location?  Could a left handed suspect have stabbed an individual incurring the same wounds as the stabbing victim?  Could a pry tool allegedly used by burglary suspect have made the same indentations as the ones at your crime scene?  Forensic people are always running tests to see if this is the case.

Whether you’re a police detective or a private investigator, the key thing to take away from this is don’t just assume that everything at a crime scene or accident scene is as it should be.  Question things!  If necessary, seek out experts.

STAGED BURGLARY INVESTIGATIONS

Private investigators can be called upon by insurance companies to conduct an investigation of one of their client’s claims due to a residential or business burglary.  Usually the claim has raised some red flags with the insurance company and they want an investigator to look at it.  

First, interview the insurance company representative to find out their concerns in the case.  Many times a claimant has taken out a policy shortly before the burglary.  Find out the date the policy was requested, the date it was issued, and the date of the burglary.  Has the claimant made any prior burglary claims?  Check and see if the claimant or his/her significant other has any recent bankruptcies, tax liens or judgments filed against them.

Obtain a copy of the burglary report and review it.  Pay close attention to the point of entry that was made and the object used (Bodily force, pry tool, brick etc.).  Interview the police officer(s) who were at the scene and took the report.  Ask them if they had any concerns regarding what they saw at the crime scene.  Most police officers and detectives have been to hundreds of burglary crime scenes.  Those that appear to be suspicious usually jump out at them.  If any photographs were taken, ask to view them.  Pay close attention to what the photographs show at the point of entry and the amount of ransacking.

Lastly, interview the claimant in person and conduct a crime scene investigation.  Did the claimant have any photographs or sales receipts of the items claimed taken in the burglary.  Is it physically possible that the burglary occurred the way it was claimed?  Could a suspect(s) physically have done what is in the report? 

Burglars usually know the places to look in a residence for jewelry, money, guns, electronic equipment etc.  They may do some ransacking, but it’s usually not extensive because they want to get in and get out quickly before being discovered. They usually don’t take large, bulky items and oftentimes use a pillow case to stash their loot in.

Most people have little experience with burglary crime scenes.  Their big mistake is that they usually over produce it.  Excessive ransacking is always a red flag.  I vividly recall on investigation where the claimant had dumped multiple drawers in each room throughout the house.  He had even moved dining room furniture and left it by a door.  Large paintings had also been moved to appear that they were being staged to go out the door.  On another case, the point of entry was claimed to be a window smash.  The problem was that the majority of the broken glass shards were on the lawn outside of the house rather than on the floor underneath the window.  It was apparent that the window had been broken by someone standing inside the house.

DEATH INVESTIGATIONS

One area of investigative work that a private investigator can be utilized in is death investigations.  Often times the family of a decedent has suspicions regarding their loved ones death and question the finding of the police and/or coroner’s office.  After interviewing the client, the private investigator should obtain and review any police reports, autopsy reports and photographs that are available.  A key step in the investigation is an examination of the death scene.  This can sometimes occur days, months or even years after the death.  It is still critically important to view the death location.  Even though some things may have changed at the location, you still need to conduct an on-site examination.  Is what you see at the location consistent with what’s in the reports? Has anything changed?  Is anything wrong?   Is the manner and cause of death listed in the reports consistent to what you see at the scene?  Do the events portrayed in the reports match up with the evidence you see at the scene?  Are there any errors in the report?  Could the decedent have met his demise the way it’s portrayed in the reports?


There is always the possibility that evidence could have been overlooked by the police at the scene, so if you find anything that you think could be of evidentiary value, be sure to photograph it before recovering it.  Take your own photographs, measurements and diagram.  Remember that oftentimes the only police presence at a death not immediately classified as a homicide is usually patrol officers who may not have a lot of experience in death investigations.  Take nothing for granted while you are out there.  If possible, try to conduct your examination of the scene at the same time as the estimated time of death.  Lighting at the scene could play an important part in the investigation and in witnesses’ accounts.


An added benefit to conducting a death scene examination is that it will greatly assist you when you are interviewing family members and potential witnesses.  Be sure to have the diagram and photographs to available to show witnesses.  Try to interview the police officers, paramedics and coroner’s investigator that were at the scene.  They may or may not talk to you, but it’s worth a try.

SURVEILLANCE WORK: PI’S VS COPS

A number of people have asked me about the differences in vehicle surveillance work between law enforcement agencies and private investigators.  Probably the biggest difference is that law enforcement agencies usually use at least two or more vehicles in tailing suspects while private investigators usually do it alone with one vehicle.  The difference comes down to money and resources.  Law enforcement agencies usually have specialized surveillance teams with multiple detectives and vehicles.  They can spend days tailing suspects.  Private investigators have to work within a client’s budget and time table.  Rarely does it ever happen that a client can afford to pay to have two or more surveillance vehicles on a case.  Even rarer is when a client can afford multiple days on tailing someone.  Usually it’s one or two days.

In a multiple vehicle scenario, you can have vehicles switch off on the tail, put someone ahead of the suspect’s vehicle, and even parallel the tail.  With multiple vehicles it’s much easier to tail a vehicle when red lights, congestion or other traffic problems arise.  Law enforcement agencies even have helicopter and fixed wing aircraft to assist in the surveillance. You can start out for a couple days of ‘loose’ tailing, and then begin to tighten it up. For the private investigator, usually none of these advantages exist.  It’s usually the one lone investigator tailing the subject. 

 Even though it may seem that the deck is really stacked against the private investigator in this area, there are many outstanding vehicle surveillance specialists out there.  Some have prior law enforcement backgrounds while others learned it on the job (OJT).  They get good by doing it.  They know when to close up on a vehicle in anticipation of a red light or traffic congestion.  They know when to hold back and/or get in an adjoining lane so there not ‘bumper locking’ the tail.  They know when to pull over after turning a corner and yet keep the tailed vehicle in sight.  They know how to get the best photos and video to make their client’s case. 

Because there is usually no margin of error for the private investigator working alone, he or she just has to work harder to get the right results.  And that’s just what many of the really good surveillance specialists in the private investigation field do day in and day out.

Solving the NYC Hollywood Mask Robbery

At the end of February 2012 there was a unique crime in New York City that made national news.  Three suspects robbed a check cashing store of $200,000 dollars.  The thing that set this crime apart from other robberies was that the suspects were wearing blue police-like jackets with the NYPD logos on them along with police type badges around their necks.  They all wore sunglasses and two of the suspects were wearing NY Yankee baseball hats.  The media also reported that the police think the suspects may have been wearing expensive, whole head Hollywood style masks.  They may not even know the ethnicity or race of the robbers.

How do detectives go about solving this type of crime?  Because the crime was caught on the store’s video, they will examine every frame of the film to look for any idiosyncrasy they can find on the suspects, such as a scar, tattoo, mark, watch ring etc. that the film reveals.  They’ll canvass every store and mail order business that specializes in whole head masks looking for similar purchases.  They’ll be contacting makeup artists who may have had some recent clients around the time of the robbery.  They’ll be contacting other police agencies nationwide to see if they have had any similar crimes and suspects.  Get-a-way SUVs were used in the crime.  They’ll be looking for stolen vehicles that were similar to the ones used and looking to find both where they were stolen and recovered.  There’s a chance that one or more of the suspects may have been arrested in their past for a similar robbery using the same MO.  If so, they’ll want to know everything they can about that crime, including interviewing the detectives who handled that investigation.

One of the most important tools in solving this crime is getting information from informants.  Suspects have friends, wives, girlfriends, drug suppliers and competitors who all have information about what went down.  The suspects had to get police-like badges, jackets, masks and vehicles to pull this off.  That’s a lot of working parts and other people would have to either be involved or have some knowledge.  Vice, narcotic and plainclothes detectives will be or should be talking to every arrestee in the city along with their regular informants to find out who knows something.  Whether they’re working off an arrest, greed or revenge, somebody is going to talk.  When that happens, the heat is on and the case will be solved.