Page 66 - CFDI Guide

Most scenes, decedent or surviving victim, should have at least two descriptions – law enforcement and

coroner; and each responder, and responding agency – fire, EMS, etc. – may have additional scene
descriptions. It is important to review each in detail and not skip any with the thoughts of duplication and

redundancy. As with witnesses, and involved persons, each has different perspectives and also different
duties – therefore, different observations. As with all reviews, look for the boiler plate statements, and

also the copy and paste report. These do not imply false information – only that the statements may not
be in the words of the author and should be followed as such. Any consistencies should be looked at for

verification, and inconsistencies further scrutinized to determine where these begin and why. Many are
simply witness observations or errors in memory. The purpose of the CFDI is to find factual information to

best advise the defense team – not to find every spelling to description error to imply an insufficient
official investigation. Which is better – to detail misinformation about shapes and colors at a scene found

in reports, or to detail the lack of an accurate scene description presents a false impression important to
the defense. As an example:

• Several detectives report multiple casings found and one identifies the firearm as an “automatic
pistol”, which may question their knowledge of firearms and competent scene investigation; or

• No detectives describe the area of the shooting as a very small space, with only one exit which was

blocked by the decedent.

Both may be of concern – only one may be important to proving self-defense vs. murder. Of course, make
notes of all findings – exculpatory, impeaching, mitigating, and inculpatory.

As most scenes do not include an overhead view, an accurate diagram – not necessarily to scale, but

representative to as observed, should be included. Where possible the use of ladders, drones, or
equipment to reach higher points should be used.

The more involved the officers and detectives, the more detailed their scene description should be.

Personnel having minimal involvement are likely to describe the basics and focus more detail to their roles
and assignments.

Case Investigation

Like scenes, there are likely several components to the case investigation. Each scene, witness, person of
interested and involved person is a mini-case investigation (or task). From search and arrest warrants (and

requisite affidavits) to background records, and interviews to evidence collection, each task should be
reported, with any requisite supplements by additional follow-up and involved personnel to the task.

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