Page 56 - CFDI Guide

• What – Did the event happen as charged (i.e. Manner)?

Like the COD, the CFDI is not making a determination of Manner of Death / SBI – they are
asking if the charges are supported by the records, reports, and photographs as reviewed and

analyzed by the CFDI, and other defense experts (who may be able to answer the specific COD
/ MOD). Was there evidence of premeditation vs. self-defense: Evidence of suicide vs.

homicide? Evidence of multiple actors and limited defendants? Is evidence missing,
misinterpreted? Do experts need consulted?
• Who – Did the event happen by the defendant as reported and charged?

The experienced criminal defense investigator usually works this component first and

throughout the investigation. This is the element of the charges to the evidence to the
defendant. Did it happen? Was it premeditated? Was it homicide vs. suicide? Was it self-

defense? The CFDI and their skilled review and analysis focusing on the components of Death /

SBI investigation may open up an entirely new perspective.

6. Consider the Types of Instruments Used / Not Used

Patterned injuries are an expertise the CFDI may not be prepared for or appropriate to determine.

We have presented modules with sufficient information to assist the CFDI in their analysis, review
and investigation in a manner which is critical to the defense team. Here it is important to ask the

question of the evidence, and if in doubt – consult an expert. As an example – a medical record
describes a non-fatal incised injury as 5cm. Photographs, with scale, show it to be 5mm. Review of

the video interrogation of the defendant show detectives making accusations with a butcher knife,
which clearly did not make the injury photographed (but may have the non-existent injury

described). The defendant, later found sober by hospital toxicology, is also accused of being
intoxicated and attacking his sober friend (who was earlier found intoxicated and admitted for

detox with the detectives’ knowledge). The defendant described the victim having a fillet knife,
which he gained control of and fended off the victim who was coming at him, also cutting his own

hands consistent with his statements. He was charged with First Degree Assault Causing Traumatic
Injury with a Deadly Weapon. This is the importance of this program and the CFDI.

7. Review Statements of the Defendant

The actions of all persons are important – what witnesses stated they saw vs. could see; and what
they omitted. Statements of the defendant are as, and more, important. They were there – and

may be the only surviving witness / participant. They have everything at stake. They may tell the
truth, embellish, and lie. In the above actual scenario, change any component making the

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