The Crucial Role of Thorough Evidence Collection in Criminal Defense
As a Texas Criminal Defense Investigator, one of the most crucial aspects of my job is ensuring that we have all the discovery (evidence) in the case. One of the first steps we take before meeting with a defendant is conducting an audit of the discovery. We produce a list of any missing discovery for the Defense Attorney to send to the Prosecutor. Each county has its unique method of disbursing discovery, whether through a portal or requiring the defense attorney to retrieve it from the District Attorney's Office. Regardless of the method, holding law enforcement and the District Attorney's Office accountable is crucial for the sake of our clients.
A Case Study: Errors in Evidence Handling
In a recent murder case, I identified over 155 errors made by law enforcement, including key pieces of evidence that were not turned over by the District Attorney's Office or law enforcement. That's right—over 155 errors or missing pieces of evidence. The case involved a client accused of ambushing and shooting another male subject at a party. Despite the chaotic scene and the law enforcement's effort to control the crowd and remove the victim, fundamental police work was overlooked.
Basic Police Work Overlooked
In this case and many others I've worked on, the police failed to do the following:
Secure the Crime Scene: This can be done by repositioning patrol units to prevent people from walking into the crime scene or using yellow crime scene tape to cordon off the area. It’s important to tape off a larger area than the actual crime scene to create a buffer zone.
Maintain a Crime Scene Log: It’s mind-blowing how often crime scenes lack someone designated to maintain a log. Each person entering and exiting the crime scene leaves and takes trace evidence with them. It’s crucial for Criminal Defense Investigators to highlight this to the Defense Attorney if the log is missing. Every person in the crime scene should provide a supplement detailing their actions, who they talked to, and what they observed.
Create a Crime Scene Sketch: A basic sketch showing where evidence is located is vital for understanding what happened. The sketch should use reference points to measure from stationary objects to the evidence. Another person should be able to reconstruct the crime scene using these measurements.
The Impact of Inadequate Evidence Handling
These are just the basics, but why do law enforcement officers often overlook these tasks? I attribute it to a lack of training and sometimes, laziness. By presenting the District Attorney's Office with over 155 errors and missing discovery in a murder case, I managed to wrap up seven felony cases that could have landed my client over 200 years in prison if sentences were stacked. Instead, the client received 40 years for all charges, including the murder charge, with sentences running concurrently.
Additional Considerations in Evidence Collection
Chain of Custody: Maintaining a clear chain of custody is essential to prevent evidence tampering. Each piece of evidence should be logged with detailed information about who handled it and when. This documentation ensures that the evidence presented in court is credible and has not been altered.
Witness Statements: Gathering comprehensive witness statements is another critical aspect. Witnesses can provide crucial insights and details that may not be immediately apparent from the physical evidence. Ensure all witnesses are interviewed and their statements are recorded accurately.
Use of Technology: Modern technology can aid significantly in evidence collection. Forensic tools, digital analysis, and surveillance footage can all provide valuable information. Leveraging these technologies can often uncover evidence that traditional methods might miss.
Conclusion
The key takeaway from this article is the importance of thorough evidence collection. Even seasoned patrol officers and detectives sometimes fail to do their job properly, which can significantly impact the case outcome. Accountability should also be shared by the District Attorney's Office, especially when they have had the case for nearly two years. Unfortunately, this isn’t an isolated issue—it’s prevalent across different counties in Texas.
Thorough and meticulous evidence collection is not just a procedural requirement; it is a cornerstone of ensuring justice. By holding law enforcement and legal entities accountable, we can better serve our clients and uphold the integrity of the criminal justice system.
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