INTERVIEW TECHNIQUES PRESENTED BY DAVID B. MAC DOUGALL INFORMATION SERVICES, LLC. COLUMBIA, S.C. A Licensed South Carolina PI since 1979 South Carolina.
Post on 16-Dec-2015
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I N T E R V I E W T E C H N I Q U E S
PRESENTED BY DAVID B. MAC DOUGALL
I N F O R M AT I O N S E RV I C E S , L L C . C O L U M B I A , S . C .
A L icensed South Caro l ina P I s ince 1979
South Carolina Association of Legal Investigators
(SCALI)
National Association of Legal Investigators
(NALI)
National Council of Investigative and Security Services
(NCISS)
South Carolina Public Defender Investigator Association
This presentat ion is the resul t o f
decades of extensive psychological ,
soc io logical and anthropological s tudies
conducted by the br ightest and best
minds of a l l t ime.
N a a a a … . n o t r e a l l y …b u t i t i s t h e r e s u l t o f d e c a d e s
o f t r i a l a n d e r r o r
I N T E R R O G AT E :
Ask questions of someone, especially
a suspect or prisoner, aggressively.
I N T E R V I E W : A meeting of people face to face…
Synonym: conversation
Why would you conduct an
interview if the police already did?
Here is a quote from a
North Carolina police investigator
”There’s a lot of investigative work
you do that you don’t put on paper
because you open yourself up to
the defense bringing it up in court”.
W H Y S H O U L D AT T O R N E Y S N O T C O N D U C T
I N T E R V I E W S A L O N E ?
Their time is more valuable
They can’t testify to impeach the witnesses
W H O C A N Y O U TA L K W I T H ?
C O - D E F E N D A N T S ?
….a lawyer shall not communicate about the subject
of the representation with a person the lawyer knows to
be represented by another lawyer in the matter unless
the lawyer has the consent of the other lawyer.
...a non-lawyer employed or retained by a lawyer shall
be responsible for conduct of such a person that would
be a violation of the Rules of Professional Conduct if
engaged in by a lawyer.
I N T E R F E R E N C E W I T H T H E I N T E R V I E W E E
Improper intimidation of a witness
may violate a defendant's due
process r ight to present his defense
witnesses freely i f the intimidation
amounts to substantial government
interference with a defense witness'
free and unhampered choice to
testi fy”.
United States v. Saunders (1991)
The State v. Brad Edward Williams
In 1997 the South Carolina Supreme Court reversed a murder conviction because an investigator for the solicitor's office called the defendant's attorney and told him that it would be improper to interview the witness and that “the Solicitor's Office would not allow the interview."
Generally, courts have found unconstitutional intimidation where the government has advised a potential defense witness that it would not be in his "best interest" to talk to the defendant or his attorney.
PREPARING FOR THE INTERVIEW
Know the case Know what your witness is supposed to know Know what questions you’re going to ask Bring accoutrements
• In terv iew forms • Pictures • Diagrams • Repor ts • Pr ior s ta tements• Tape & or v ideo recorder
HOW ABOUT A
SURREPTITIOUS RECORDING??
P r o b a b l y n o t a g o o d i d e a . . . .
The South Carol ina Supreme Court
has said that a lawyer may not
record any conversation without
prior knowledge and consent of al l
parties.
T H E I N T E R V I E W
Do you call and make an appointment?
As a rule…NO!
Show up…unannounced…be polite
Fully identify yourself with credentials
Fully identify your representation
Fully identify your purpose
Give them your business card
Let them process all you’ve told them
Take accurate notes
Record when appropriate
Speak like a professional
Ingratiate yourself to the witness
Avoid bling and other distractions
Fresh breath
Dress to impress – business attire
DON’T GIVE THEM TOO MANY WAYS OUT
They can say NO but you don’t have to accept NO
Don’t get angry; be persuasive.
Appeal to their sense of fair play
DON’T threaten or intimidate….it could be criminal
Be conversational
Get them talking, keep them talking and LISTEN
O b t a i n d e t a i l e d i n f o r m a t i o n
Names including a/k/a’s Date of birth Social Securi ty number Close family member address Family member phone number Employer Spouses name Anything else?
W h a t i s t h e v a l u e o f a
“NON-STATEMENT - STATEMENT?”
LO C K ‘ E M I N
L O C K ‘ E M O U T
E X C I T E D U T T E R A N C E
E x c i t e d U t t e r a n c e s
In South Carolina an “Excited Utterance” is,
“A statement re lat ing to a start l ing event
or condi t ion made whi le the dec larant
was under the stress of exc i tement
caused by the event or condi t ion” .
The statement must relate to a startling event
or condition; The statement must have been made while
the declarant was under the stress of the
excitement; The stress must have been caused by the
startling event or condition.
S H O U L D Y O U M E M O R I A L I Z E
T H E I N T E R V I E W ?
Written?? I f so…
Who writes it?
NCR forms
A u d i o r e c o r d i n g
V i d e o r e c o r d i n g
Should the statement be sworn?
G i v e t h e m a c o p y
T H E I N T E R V I E W R E P O R T
Does your client want a written report?
If so remember the most important criteria...
GET IT RIGHT!
GET IT ACCURATE!
GET IT 100% CORRECT !Review your final report with the interviewee
Send interviewee a copy
Retain ALL your notes and recordings
I n y o u r r e p o r t i n c l u d e y o u r o b s e r v a t i o n s
Any obvious pre judices
Any re l ig ious ar t i facts
Bumper s t ickers
Wi l l they make a good wi tness
Do they speak Engl ish
Wi l l they be a credib le wi tness
Body language
But i t ’ s WRONG to j udge…
G R O O M Y O U R W I T N E S S
Answer their questions
Prepare them for cross examination
Allay their fear of what they will be asked
Explain hearsay: “…a s ta tement , o ther than one made by
the dec la ran t wh i le tes t i f y ing a t the t r ia l
o r hear ing , o f fe red in ev idence to p rove
the t ru th o f t he mat te r asser ted .
Ask about their background
Meet and greet them at court
SOME RANDOM THOUGHTS
Do you pay a witness for video or photos?
Do you pay a witness for testimony?
Do you use intimidation?
It’s not cross examination
Don’t give away trial strategy to witnesses
Ask questions to which you know the answer
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