© 2009 Delmar, Cengage Learning The Final Report, Testifying in Court, and PIO Chapter 23
© 2009 Delmar, Cengage Learning
The Final Report, Testifying in Court, and PIO
Chapter 23
© 2009 Delmar, Cengage Learning
Objectives
• Describe the process of developing a final analysis and hypothesis
• Describe the process of preparing and completing a final, accurate, and concise report
• Describe the process of preparing and delivering a verbal report in the allotted time
• Describe the process of preparing for court and testifying in a legal proceeding
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Case Study
• A judge gave the instruction that no one was to discuss this case in any form while they were sequestered
• Before everyone had settled into their chairs two individuals started talking about their testimony
• After their testimony, they were escorted to the hall adjacent to the courtroom, handcuffed, and led off for being in contempt of court
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Introduction
• The final report must contain all aspects of the facts surrounding the case– Every hypothesis must be included, even those
discounted – Must be made available during the discovery portion
of the trial
• There may be an opportunity to provide public information on the findings of the investigation
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Reports
• Putting the report together requires a review of the entire file
• Systematic nature of the investigation must be reflected in the report
• Any information that needs corroborative evidence or documentation before going to trial needs to be documented
• Review the report, and look for any discrepancies
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Motive
• Many times showing a motive is not necessary to get a conviction
• If motive can be confirmed, then it should be in the report – Report should reflect the relative surety of the
investigator’s opinion of the motive
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Accidental Causes
• Accidental cases deserve the same scrutiny as criminal cases
• You are just as apt to end up in court over a civil issue as you are in a criminal case
• Same attention to details and documentation is important
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Final Report
• Must accurately reflect the investigator’s findings
• Must be concise• Must include the investigator’s expert opinion on
fire area of origin, cause, and product or person responsible
• Should be written so that it could be easily understood by the judge or jury
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Verbal Report
• This is something that should never happen in the government sector
• In the insurance industry an investigator might just look at the scene to see if it warrants further investigation – When the scene looks accidental, the private sector
investigator’s instructions may be to not write a report and move on
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National Fire Incident Reporting System
• In a perfect world, every fire department would submit reports
• To not collect these data means incomplete national or state reports on fires – A case in point: a state that only has 50 percent of its
departments submitting electronic reports only has half a picture of the fire problem
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National Fire Incident Reporting System (cont’d.)
• For those departments reporting to NFIRS, this is where the work of the first responder investigator can really pay off in the compiling of the data
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Courtroom Preparation
• Many things must be done prior to going to court – Pretrial meetings, creation of a multimedia
presentation, and final review of the report
• There may be very little time for the first court appearances if this is a criminal trial – Many states require an almost immediate hearing for
setting bail – For most criminal proceedings, the prosecuting
attorney will question the arresting officer
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Curriculum Vitae
• A curriculum vitae (CV) is nothing more than a detailed résumé – Should be thorough and complete with all your
background information all classes you have taken as well as any state and national certifications
– Awards that were specific to the job can be added as well
– The last part of your CV should consist of a chronological list of every case where you had an opportunity to testify
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Multimedia Presentations
• Most new courthouses have built-in screens, projectors and computers
• If photos are an important part of your case, also bring at least 5 x 7 prints
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Attorney Conference
• Most prosecuting offices are short of personnel and all too often short of time to get things done
• The file must be reviewed in its entirety by the prosecuting attorney
• The conference should cover all aspects • If this is an important trial, there may even be an
opportunity for a pretrial run through on the testimony
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Discovery
• Opposing counsel should ask for copies of your report and anything to which you will be attesting to in court– As seekers of truth, you know this is not a bad thing
and only fair
• Prosecuting attorney will do the same with the defense experts, requesting all information that will be presented
© 2009 Delmar, Cengage Learning
Discovery (cont’d.)
• There may be a request to answer interrogatories from opposing counsel – A list of questions that you must answer relating to
the case– Always let the prosecuting attorney review the
questions
• Any reports, such as the forensic laboratory report, may be requested along with information about your expertise
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Courtroom Testimony
• Attire– The first responder investigator is usually an engine
company officer and it may be best for him/her to be wearing the department dress uniform
• Sends the accurate message that the investigator is a line officer
– Assigned investigator can make a better impression if dressed in a suit and tie
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Demeanor and Your Testimony
• Process of when and how to testify can change from state to state– Example: taking an oath before the jury is seated or
when you approach the witness stand
• Investigator’s demeanor is a critical aspect of the testimony
• Sequestered means that you will be separated from the trial and you will not hear what others say to assure it will not influence your testimony
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Demeanor and Your Testimony (cont’d.)
• When taking an oath, stand up straight, place your right arm out straight and at a right angle with palm facing forward– This may be the jury’s first impression of you as a
professional
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Demeanor and Your Testimony (cont’d.)
• Go straight to the seat, but if you have not taken your oath, remain standing
• Sit up straight; if addressed by the judge, acknowledge him or her
• No matter who asks the questions, always look at that person while they are asking
• When answering a question, look at the jury and occasionally at the judge
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Demeanor and Your Testimony (cont’d.)
• Show no emotion whatsoever toward the defendant
• If for any reason, an attorney on either side should state that they object, say nothing more, but wait for the judge to decide
• The process should be the prosecuting attorney asking you a series of questions– The opposing attorney will then ask you a series of
questions
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Public Information Officer
• In many jurisdictions, the PIO may be the fire investigator – Larger departments may assign an administrative or
line officer as the PIO
• The PIO prepares written press releases for the media
• Most of those working as PIOs want to give their own briefings to the press
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Public Information Officer (cont’d.)
• When working with the press, professional relationships may be forged– However, the press does not work for the fire
department
• A good PIO is vital to the success of the department – The primary and most important role is fire safety for
the public
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Summary
• The investigator’s report must contain all facts pertinent to the case at hand
• Finalizing the report is an opportunity to ensure that all avenues have been taken to secure all necessary information
• Your case may culminate in court where you will testify as an expert witness
• The overall goal of investigating a fire is to prevent future similar occurrences