Kevin McClain - Law Enforcement

Working With Law Enforcement : Working With Law Enforcement Presented By: Kevin W. McClain C.C.D.I. Kevin W. McClain Investigations Ltd. Centralia, IL Phone: 877-532-1152 E-mail: ispy4u@accessus.net Website: www.mcclaininvestigations.com

Recommendations : Recommendations Friendly Non-Confrontational Their house, Their rules Avoid surprises Don’t make it personal Mutual respect Avoid impression of being sneak Ask for help Use Subpoenas last resort

Recommendations : Recommendations Use FOIA’s Communicate your identification clearly Try to avoid using words state or country Call ahead – get policies and procedures Schedule appointments Fax a confirmation on your letterhead D.O.C. policies & procedures are different from facility to facility Throw them a bone once in awhile

Subpoena’s (Duces Tecum) Your Secret Weapon : Subpoena’s (Duces Tecum) Your Secret Weapon Police radio transmissions 911 call Police videotape Police on board computer transmissions (IWIN Network) Police call and activity reports of location (incident, witness, victim) Hospital reports (nurses notes, lab notes, doctors notes) X-rays Ambulance reports Photographs

Subpoena’s (Duces Tecum) Your Secret Weapon : Subpoena’s (Duces Tecum) Your Secret Weapon Coroner’s reports and photographs Media accounts (TV, radio, newspaper) Inquest reports Autopsy report, photographs and interview tape Toxicology report Any surveillance system tapes (located near incident or areas referenced by witnesses) Cell site information

Subpoena’s (Duces Tecum) Your Secret Weapon : Subpoena’s (Duces Tecum) Your Secret Weapon Phone records (local, toll, collect, cellphone, pager) Booking videos and mugshots Color copies of lineups Video/audio interviews of (defendants and witnesses) Photograph contact sheet Weather report Medical, psychological, school reports of client Google Myspace

Subpoena’s (Duces Tecum) Your Secret Weapon : Subpoena’s (Duces Tecum) Your Secret Weapon Employment records and work schedules (client, victim, witnesses) All videos from cameras of law enforcement agencies Request to document and measure interview/interrogation room Inmate’s communications authorization Inmate’s handwritten correspondence to other co-defendants and/or witnesses Inmate’s visiting logs, housing logs, housing information, past cellmates

Subpoena’s (Duces Tecum) Your Secret Weapon : Subpoena’s (Duces Tecum) Your Secret Weapon Inmate’s mail card, enemy list, master file Inmate’s phone logs Inmate’s writ documentation Inmate’s trust fund account Inmate’s incoming/outgoing legal mail records Approval for correspondence with other inmates in the state Visiting list and any records of visits Placement and housing card Record of cellmates Informant information (pedigree file, case file)

Subpoena’s (Duces Tecum)Your Secret Weapon : Subpoena’s (Duces Tecum)Your Secret Weapon Prior utilization of and testimony by informant (case number, name of the prosecutions) Case names and numbers of any trials or evidentiary hearings cooperating witness has testified concerning his own prior criminal activity Prior testimony of informant on themes material to his service as an informant Any ledger, sheet or other document details sums paid, cooperating witness or his family purpose of each payment Any information, whether or not memorialized regarding promises of immunity, leniency, preferential treatment or other inducements made to cooperating witness or any family member

Subpoena’s (Duces Tecum)Your Secret Weapon : Subpoena’s (Duces Tecum)Your Secret Weapon Grand Jury transcripts Preliminary hearing transcripts Coroner’s case file Criminal history of victim All electronic communications between prosecutors and any law enforcement agency or entity involved in the case. To include faxes, e-mails, To & From documents CV’s of all law enforcement, forensic and experts involved in case Photograph negatives

Rider To Subpoena : Rider To Subpoena Produce the following documents that are in your custody or control and which were prepared in connection with the above captioned case. All police reports, including arrest reports, street files (also known as office unit or working files), general progress notes, investigative files, memos from police officers, case or supplementary reports, major crime reports, major incident work sheets, violent crimes reports, property crime reports, major crime worksheets, search warrants, affidavit(s) for search warrants prepared by affiants, arrest records, or criminal history sheets, consent to search forms, crime analysis pattern reports, firearm use reports, general offense case reports, information reports, point-to-point messages and officer batter reports. Rap sheet for the defendant (supply name, race, DOB, SSN, and POB) Inventory slips Evidence technicians’ reports Laboratory reports Photographs Summaries of statements by defendant Document receipts Latent fingerprint examination reports and request for latent fingerprint comparison Polygraph case reports, polygraph charts, and waiver of liability

Rider to Subpoena cont. : Rider to Subpoena cont. LEADS requests Property inventory file Recording tape hold requests Release of persons in custody reports Requisition for Identification photos Waivers of counsel and requests to secure counsel Wanted messages All crime scene photographs General crime scene checklist Any and all video or audiotapes in your possession All 911 tapes Personal appearance is not necessary if photocopies, accompanied by a copy of this subpoena, are mailed prior to court date

The Crime Scene Report : The Crime Scene Report Note: The biggest place where data and facts get manipulated is usually at the crime scene Identify all law enforcement personnel and forensic people listed in report Identify and list any evidence that was collected from the crime scene Compare that list with list prepared by the prosecution. Does it match? Is anything unaccounted for? Review evidence, documents & photographs

Evidence Chart : Evidence Chart

The Crime Scene Report : The Crime Scene Report Compare photographs and evidence documents to crime scene report Complete a chain of custody logs of all evidence Complete a photo chart Compare the lab reports with what was sent for testing Do lab results match what prosecution is claiming?

Crime Scene Report : Crime Scene Report Go to the crime scene (try to go at the time that is consistent with the discovery) Bring your discovery along Examine the crime scene Record any observations relative to witness statements Record any physical changes Photograph and video the crime scene Obtain any relevant measurement and distances Document your observations

Examining The Evidence Part 1 : Examining The Evidence Part 1 Contact the state agency that has evidence and request to be allowed to view the Master Case File Good idea to have two, one to document, one to inspect. Review all lab reports, bench notes, phone logs and e-mail communications Compare to your chart of evidence

Examining the Evidence Part 1 : Examining the Evidence Part 1 Verify that evidence is being properly stored and secured Review chain of custody forms Who has been signing for evidence When were they signing out the evidence Compare to your chart of forensic personnel File a request to be allowed to go to the lab and examine all physical evidence Go to the law enforcement agencies that are storing the evidence

Examining The Evidence Part 2 : Examining The Evidence Part 2 Should have two, one to examine and/or photograph/video and the other to document Never touch any evidence. Have a member of their department open all evidence Photograph/video evidence and all markings and bar codes prior to removing and examining (CALMS System) You can never take enough photos Prepare a photograph log of all evidence

Facebook : Facebook

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Finding Treasures for Cases on FacebookBy: Vesna Jaksic “The National Law Journal” 0ctober 15,2007 : Finding Treasures for Cases on FacebookBy: Vesna Jaksic “The National Law Journal” 0ctober 15,2007 “Lawyers in civil and criminal cases are increasingly finding that social networking sites can contain treasure chests of information for their cases. Armed with printouts from sites such as Facebook and Myspace, attorneys have used pictures, comments and connections from these sites as powerful evidence in the courtroom.” “`It’s going to be more and more helpful in the future,’ said Mark Diebolt, a deputy county attorney in Pima County, AZ” “D. Jesse Smith, a solo practitioner in Tucson, AZ, said social networking sites can be helpful for defense lawyers. In a recent misdemeanor assault case, Smith said he was able to prove someone other than his client was the aggressor who started the fight because his Myspace page contained a video of him beating someone up.” “One defense lawyer said that, in a similar case he handled, the judge relied heavily on Myspace to decide his client’s sentence.”

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MySpace : MySpace

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Cell Phone : Cell Phone Triangulation

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Slide 42 : Uncovering Hidden Information

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Slide 44 : Uncovering Hidden Information

Uncovering Hidden Information : Uncovering Hidden Information

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Freedom : Freedom

Quotes : Quotes First eliminate the impossible, whatever is left however improbable must be the truth – Sir Arthur Connan Doyle The important thing is not to stop questioning – Albert Einstein It is better that ten guilty persons escape than one innocent suffer – Sir William Blackstone Never assume anything, verify everything – Kevin W. McClain