Why Attorneys Need Investigators
by: Abassos • December 27, 2010 • no comments
I'm really excited to introduce a new Oregon Criminal Law contributor: Rene Denfeld. Rene is a licensed investigator currently working as a mitigation specialist in our capital case unit. Just as important though, she is a former journalist and bestselling writer. Her dual skills at investigative reporting and storytelling are truly impressive and critically acclaimed. If you haven't read it already, you should check out her book about street families in Portland: All Gods Children. She also has extensive training and experience in Fetal Alcohol Syndrome, Drug Effects and Cognitive Impairments. And she's the adoptive parent of 3 kids through the foster care system. Suffice it to say she has an array of experience and investigative skills that she will convey. In the future, she'll write about information in criminal cases that you may not know exists and how to get it. Without further ado, Rene Denfeld:
Why Attorneys Need Investigators
Sometimes newer attorneys wonder if an investigator is an unnecessary luxury. But investigators play a crucial role in criminal defense.
As an investigator, when I first read a case file, I am looking at it in a completely different manner than an attorney. There is an old reporter's saying: "If your mother says she loves you, check it out." An investigator will check out not only the reported facts, they will find new ones for you.
Say your case is an assault that occurred in a bar. The victim left the scene and boarded a light rail train. The police arrested your client, who made a bunch of really bad statements.
Reading this case, an investigator will think about getting the bar's incident log. Bars in Oregon are required to keep incident logs under OLCC rules, and these are often helpful. They will also see if the bar had video. They will pull the video-packs for the light rail. They will interview the victim and all witnesses. They will run criminal background checks on everyone involved. They will get the officer notes, they will run an address check on the bar, they will get the mobile data terminal printouts for the police cars if needed the list goes on.
And invariably, what seemed like a stinker of a case gets better. Maybe the victim admits he threw the first punch. Maybe it turns out your client has mental health issues and would confess to killing JFK. You just don't know until you find out.
Or maybe the case doesn't get better, it gets worse. Then you have facts to have a healthy heart-to-heart with your client. Often investigators develop a relationship with a client and are the ones the clients turn to when it is time to make a decision.
Many investigators have strong backgrounds in mental health, child welfare, journalism, or police work. We may be highly trained in issues like FASD or specialize in reaching out to victims. We often identify symptoms in clients and witnesses that attorneys might miss. And we form relationships with clients, victims and their families that can result in restorative settlements.
If you are a newer attorney, don't hesitate to hire an investigator for even minor cases. Every client deserves a fair shot at the facts.
Rene Denfeld is a licensed investigator and mitigation specialist working at the Death Penalty Unit of the Metropolitan Public Defender office in Portland. www.renedenfeld.com.
