Page 7 - Tips for Safer Office and Field Interactions - AFI-LLC Newsletter May 2020

Tips for Safer Office and Field Interactions - AFI-LLC Newsletter May 2020

News from Around our Profession
We are dedicated to sharing important news from clients, colleagues and friends about the
news - good and bad - from and about our profession. Our thanks to all who help
contribute. Feel free to email us with any news you have about you, your agency, your
association, and others...

Police: Attorneys for man accused of murder should face charges for removing
evidence
(Walt Zalisko, FBCI - Global Investigative Group of FL)
Police: Two defense attorneys who represented the defendant, charged with first-degree murder in the 2018 death of
his wife, should also face charges for having private investigators remove evidence from the home and not disclose it for
nearly a year. Police say the attorneys should face accessory after the fact to first-degree murder, and tampering with
evidence.
-- continued at www.wftv.com/news/local/orange-county/police-defense-attorneys-man-accused-murdering-wife-
should-face-charges-allegedly-removing-bloody-sheets-possible-weapon/XQQQNSSZUZCL7NEOTDSX6YLLME/

Q – Legal? Ethical? What does this mean?
One of the best responses is from Brandon Perron, CCDI – CDITC National Director and court qualified expert in criminal
defense investigations:
“I would like to share the following article drawn from CDITC presentations developed in concert and delivered to Florida
Public Defenders. Interestingly enough, the compelling question is not whether or not the evidence can be collected by
the defense and or agents of counsel? The focus should be upon whether or not the defense disclosed possession of such
evidence to the prosecution within a "reasonable time"? The "reasonableness" of the time is subjective and will most
certainly be determined by the judge. I will refrain from further professional opinion and refer only to the following
research results and allow each individual to interpret the information and apply to their policies and or a current case.
Keep in mind that the information and training delivered by the CDITC is always provided with the intent of the
professional to gain a deeper understanding of the complex issues associated with conducting due process and criminal
defense investigations.”
Here is a link to the very informative blog commentary referenced:
-- http://www.cditctraining.com/images/Collecting_Evidence_-_A_Defense_Perspective.pdf

Prosecutors seek to redact some victim info
(Bill Elliott, CLI, CCDI – Elliott & Associates of NM)
Attorneys in Albuquerque are fighting over whether it’s acceptable for prosecutors to redact portions of victims’ and
witnesses’ Social Security numbers and dates of birth when they provide case documents to the defense.
-- read the full story at https://www.abqjournal.com/1423326

Why might this information be important, and confidentiality maintained, for the defense investigator?

New DNA evidence could free man behind bars for 1988 murder
(Joe Thornton, CLI of ME)
This was one of Joe’s cases with the Federal Defender Capital Habeas Unit and shows what skilled professional
investigators are capable of.
"For 28 years, Sharon Fahy has lived with the loss of her only child every single day. The pain never goes away. Sharon is
shocked and saddened that the wrong person may have been in jail all this time. The Horn Family has only wanted
justice for Barbara Jean. She was an innocent 4-year-old taken from her block and her family. Barbara Jean is never
coming home. To think that the person responsible for her death may still be out there is unfathomable. Sharon and her
family will keep working for justice for Barbara Jean and appreciate the District Attorney's office's continued assistance."
-- read the full story at https://6abc.com/dna-could-free-walter-ogrod-charged-in-1988-murder/5871713

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