Witnesses Outside the Social Network
by: Rdenfeld • March 17, 2011 • no comments
There are certain people we all think of interviewing in a major case. There is the client, of course, and the victim if possible. Then we think of eyewitnesses, family and friends of the client, and grand jury witnesses.
But there is a wealth of other witnesses out there just waiting to give you information. They may not have firsthand knowledge of the event. They may not live in the same state or even know the name of our client. But they can be extremely fruitful witnesses.
I've had good luck interviewing neighbors, fellow tenants, apartment managers, hotel employees, convenience store clerks, office custodians, and even a mechanic that worked on a victim's car. In an age where the emphasis is on Facebook and other loose social networks, we forget there are other networks where people know much more. The neighbor may not have witnessed the incident but will tell you about the day before when the victim was screaming threats. The 7-11 clerk might be the one to tell you the client confessed while buying a hot dog and a half case of beer. Good or bad these witnesses can be crucial. Since most of them don't have any agenda, they make excellent witnesses on the stand. Why would they lie? They have no motive.
In one recent case I spent a lot of time at the apartment complex where both the client and the co-defendant lived. I started with the apartment manager. In my experience apartment managers are better than bartenders. They usually know an amazing amount about their tenants. They can tell you which man beats his wife, which kids skip school, and which doors the police knock on the most. Many live on site and see and hear everything. They often keep tenant files which can be amazing documents.
In this case the apartment manager was helpful, and let me know of other tenants that might be helpful. I began knocking on doors, and over the weeks cultivated other witnesses. One family told me of a rumor involving the co-defendant she had heard from a previous tenant. I tracked down that previous tenant and bingo: unknown to everyone, this person had witnessed the crime. None of these witnesses were in the police reports.
The most unusual witnesses can lead to the most important evidence. I once interviewed a café waitress who had worked with an alleged victim over ten years before in New Orleans. The café waitress told me how the victim had made several false allegations in the past, and gave me names of people to call. We settled that case quickly. In another case the long-ago ex-coworkers of our client were able to describe his descent into mental illness, information which led to a successful GEI defense. The point is not to get "dirt" on people but to understand the truth of what happened, which includes the narrative arc of someone's life.
Who are some potential witnesses that might not be obvious at first glance? Each case is different but you might consider:
1. Co-workers. Co-workers know an amazing amount. They might know if the client or victim was under unusual stress, missing work, using drugs, or having a mental health crisis.
2. Other business employees. Many businesses are in close quarters, sharing building hallways and restrooms. Like co-workers they can know a great deal.
3. Property managers and custodians.
4. Landlords and apartment managers.
5. Extended family. Aunt Marsha may not have seen your client for twenty years, but she may know mitigation information that is new to you.
6. Neighbors and other tenants.
7. The local police neighborhood liaison officer. These officers can know a lot about the neighborhood. If you are dealing with a domestic violence situation, child neglect or abuse, or a mental health crisis, they may very well know your client and can offer insight.
8. Teachers, including informal teachers and instructors. For instance, if you have a juvenile client who goes to a Boys and Girls Club there might be staff there who know a lot about the client and family.
9. Roommates and ex-roommates.
10. Bartenders, clerks and others who saw client or victim on a regular basis.
Obviously we don't always have the time to interview an army of people, especially on more minor cases. But rather than just considering the usual witnesses, it can help to think outside of the case and outside of the social networks.
