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FACT INVESTIGATION

Your case has gaps.

Fact Investigation is a big propeller in cases where law enforcement missed the mark, where witnesses are left unidentified or not interviewed, and when existing records floating in the wind somewhere support your case’s argument. Diving into the facts of the case is necessary in every case. As an attorney, you might not have the bandwidth to dive into your case as deep as it deserves. Bringing on an investigator can make significant differences in both your case and your professional presentation.

Establish facts.

While mitigation focuses on who the individual is and what led them to where they are now, fact investigation focuses on what occurred. In serious criminal cases, gaps in law enforcement’s initial investigation, unverified or unobtained witness information, and incomplete timelines can undermine even the strongest defense theory. This type of intervention in your case can fill the gaps with rigorous, defensible research that stands up to scrutiny.

Discovery Review will allow for assistance in lengthy and massive discovery in a manner that is efficient, methodical, and intentional. In doing so, a number of work product documents will be produced to illustrate the case in various ways:

For cases where records exist but firsthand accounts are missing.

Sometimes paper trails are complete, but voices are absent. This gap can be filled by securing sworn statements or recorded interviews from family members, teachers, neighbors, and others who have valuable testimony to add to the narrative.

Process:

  • Identify priority witnesses based on available records or evidence
  • Utilize structured, trauma-informed interviewing methods
  • Produce detailed written reports for the case file
  • Verbatim transcription (if necessary)
  • Draft narrative-like affidavits for witnesses, victims, or supplementary actors to the case

Each case will have its own deadlines and circumstances to navigate, including witness availability and geographic distribution. You will dictate how interviews are conducted: via phone vs. in-person, scheduled vs. spontaneous, etc.

Investigation in your case can close gaps where law enforcement did not. How many witnesses went unaccounted for? Did the state leave out key records in their discovery disclosure? What kind of evidence was left out or not considered? These are just some of the ideas that illustrate what has been seen as common and can make all the difference in a criminal case.

timeline establishment


Work product that illustrates the timeline of events from every piece of discovery, collected records, and witness accounts.

THEORY MEMO

Keep up with the evolving nature of a defense theory as the case develops with secure work product allowing you to focus on litigation rather than narrative-building.

WITNESS LISTS


Compiled spreadsheet of all individuals named, mentioned, involved, or recorded in any capacity to keep up with the evolving nature of any case.

Discovery Evidence Review & Analysis

Legal teams receive sometimes thousands of pages of discovery- body camera footage, audio/video evidence, 911 calls, forensic reports, lab results, police notes, medical records, etc. Much of this material contains vital information that could be inconsistent with the facts, illustrate the omissions, or demonstrates contradictory accounts that warrant a deeper examination.

Procedure:

  • Line-by-line review of all law enforcement reports
  • Cross-referencing officer observations against physical evidence
  • Flagging exculpatory and impeachment material
  • Identifying chain-of-custody breaks and evidence handling irregularities
  • Documenting gaps in standard investigative procedures that should have been conducted

Witness Identification, Location & Interviewing

Police investigations often stop at convenient witnesses like first responders, obvious suspects, prosecution-friendly accounts. Fact investigation efforts will dig much deeper for the overlooked, forgotten, or deliberately excluded sources.

Scope:

  • Identification: Cross-checking discovery evidence for mentions of names, phone numbers, locations, and any other source that may lead to the identification of additional witnesses
  • Location: Tracing individuals through public and private records, social connections, media, and any other possible route.
  • Outreach: Professional, neutral-contact methodology that preserves witness credibility
  • Interviews: Structured, open-ended questioning focused on obtaining the factual account instead of leading testimony that will stand up in trial.

Witness Categories:
– Neutral observers present at or near crime scenes
– Prior complainants with similar accusations (for pattern evidence)
– Character witnesses with direct knowledge of the client’s behavior
– Experts with specialized knowledge of the incident’s context
– Government employees who handled related administrative matters

Witness interviews will be documented according to accepted and standardized procedures according to the work product doctrine. Typically, all witness interviews are recorded for accuracy and reviewed at the time of the written report. However, this may vary depending on the case, especially in death-penalty cases where recordings can be considered discoverable.