Page 68 - CFDI Guide

• Prior to trial it was determined no evidence was submitted to any laboratory for examination. It

was further determined from the autopsy report the linear grouping trajectories were not the
same, except at entry, and had either exited or stopped in the body, with multiple different

trajectory points – indicating different positions of the shooter and decedent.
• It was determined the multiple shots were when the decedent was still standing and moving, and

not after he had fallen.

Information may be found in one report, one page, one paragraph or even one sentence. The CFDI should
request and receive all discovery, and triage the discovery as needed – not selected by the client. Only the

CFDI knows what is important to them, or may learn what is and will have the full discovery available to
refer to. This is also the only manner to determine if there are any materials missing from the discovery.

Finally, it allows the CFDI to report, and potentially testify, they received all discovery and reviewed all

materials they selected for analysis – not selected by the attorney. Many wrongful convictions we have
seen – public and by consultation – have had prosecution discovery to their own experts limited, and have
learned the full disclosure may have presented different findings by their own expert. It is important this

not happen to the CFDI – not because of reputation, only because it is what our judicial process needs and

should be expected and practiced by the CFDI.

In many respects, the review and analysis of the official Case Investigation may determine the facts and
direction of the defense investigation and strategy.

Medical History

The CFDI is likely not a medical practitioner, and therefore likely not an expert – possibly by other
qualifications; the course authors are not. It is important to know and practice this distinction, and make

sure it is known to the client. It is important to understand medical aspects of Death and SBI investigations
– from basic terminology and anatomy, to being able to research and put together medical conditions and

medications to be confirmed by an expert.

Of importance to the CFDI is knowing and understanding the medical history of the decedent or victim. We
do have a separate course module on this, which is very short to only share the key aspects. Was there any

medical history, including treatments and medications, which may have contributed to the fatal or non-
fatal injury? If so, consult medical experts to determine how and have a full understanding.

54 | P a g e