Page 40 - CFDI Guide
P. 40

questioned items together. Additional direct and circumstantial evidence will complete the link and

          determine if the two questioned items were together at the time of the crime or incident.
          o  Person to scene – this can be determined by trace evidence found at the scene that is proven to have

             come from the person. Further investigation will determine if that person was at the scene at the time
             in question.

          o  Victim to scene – this can also be determined by trace evidence found at the scene that is proven to
             have come from the person. Further investigation will determine if that victim was at the scene at the

             time in question. This may also assist in determining chronology of a crime and multiple scenes.
          o  Instrument to scene – this can be determined by trace evidence found at the scene that is proven to

             have been caused or left by the instrument. Tool marks from a screwdriver to a door jamb is an
             example. Multiple scenes with the same tool mark link the scenes. Further investigation will determine

             if that instrument was used by a suspect or victim at the scene at the time in question.
          o  Instrument to person and/or victim – this can also be determined by trace evidence found at the

             scene, and also on the person or victim, and is proven to have come from the person(s) in question.
             Further investigation will determine if the person(s) was/were at the scene at the time in question.



          Connecting the trace evidence to the person(s), scene(s) and instrument(s), together with an additional

          direct and circumstantial evidence, will develop a picture of the incident under investigation. Following
          this evidence may eliminate persons, scenes and instruments from any involvement in the incident, as

          well.



          ❖ Fatal Incident and Medical History
          As has been noted, a fatal incident may be attributable to the medical history of the decedent. Careful and

          thorough investigation may reveal medical history that was neglected, such as failing to follow medical

          directives for therapy or medication (i.e. non-compliant diabetic), an acute event without any history (i.e.
          transient ischemic attack – TIA or mini-stroke, without history), or chronic history with unintended or

          unexpected consequences (i.e. acute cardiac event with known and treated/compliant history). Such
          medical conditions and events are common and may contribute to death or injury due to a consequential

          motor, bicycle or walking accident, fall, or other traumatic event.



          Medical history is regulated by the Health Insurance Portability and Accountability Act (HIPAA – and not
          HIPPA – often improperly referred to as the Health Insurance Privacy and Portability Act), under the Code

          of Federal Regulations [CFR] 164.502 et seq. Generally, health records [Protected Health Information –
          PHI] can only be released for specific reasons and is summarized in the Appendix. For our purposes,

                                                    28 | P a g e
   35   36   37   38   39   40   41   42   43   44   45