Page 54 - CFDI Guide

reviewing in the order of the incident and investigation (first responders, investigators, evidence

processing, medical examiner investigation and autopsy, witness statements, post-incident
investigation, court filing documents, and defendant statements. This will create a work-flow

which naturally follows the incident. During this progression there will be areas of question later
answered, or initial thought processes later supported, refuted, or changed by the evidence.

Mark each page and emphasize any important parts – color coded helps. Notes can be made

during this process as needed. This is primarily a familiarization stage, and where questions begin
which will need answered. In addition to statements and evidence, note and mark anything

relevant to the decedent, wounds, instruments, positions and locations, ingress and egress, those
details which begin to answer themselves, or even contradict themselves, and indications of the

investigative process (including evidence collection and logs, persons arriving and leaving the
scene, etc.). It is also always the opportunity to make any notations and questions for future

reference and the Detailed Review. Although this is an Initial Review, it is in fact pretty detailed
and not a cursory once over. This has now prepared the CFDI for a Detailed Review of the

Photographs, and specifically including areas describing the events of injury causation and injury;

Before we continue, there is an interim process here. At this time the CFDI should have noted any
missing files – images, pages, complete series of images and reports, etc. The experienced criminal

defense investigator knows to check each file for missing pages, images, etc. as shared with them. The

Initial Review may have revealed more. This is another reason we custom number (Bates) our received
discovery before review – it is easy to find missing material, and also document it was missing when
received. Expect files to be missing – not just from the prosecutor, but also from the client who may

have determined the missing item(s) were not important – and perhaps not, until your review found

them to be or at least shows you are detail oriented.

3. Detailed Review the Photographs (videos, etc.)
With the benefit of having reviewed the photographs with the foundation of the records and

reports, a more enhanced – maybe new – picture or movie has developed. Many questions should
be answered, and the CFDI should have questions needing answers. Now is the time to review the

marked and saved photographs and look for the information and details described in the records
and reports, as well as those having developed by the CFDI in this review process. Special attention

to detail for injury types and sub-types, concentrating on areas describing the events of injury
causation and the injury is the focus.

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