Client and Witness Interviews
Whether as a CFI-FTER or not, the interview is the most important aspect of any criminal case, especially when it comes to homicides. My specialty is having the ability to speak with people with respect, on a level that makes them feel comfortable. My three ideologies of investigating, respect, honesty, and communication, are the most important when it comes to interviews. As a criminal defense interviewer, it remains important to remember that it is not an interrogation, but an interview. As the investigator and interviewer of the case, I am usually the first person the client has initial contact with if the client is incarcerated. It is sometimes imperative to establish rapport during the first meeting.
It is important that the client does not speak about their case with anyone, whether it is in the general population, over the phone, or over the tablet because everything they say is likely to be recorded. In addition, it is important for them to know that everyone in the holding cells wants the same thing they do, which is to get out of jail, and they have to assume that everyone would be willing to flip on them if it meant getting out of jail sooner.
I am the middle man between the person in jail and the attorney. I make it a point to visit with the client as often as I can, at the beginning of the case, and throughout the case, to remind them that they are not forgotten about and their case is important. I’ve seen behaviors and attitudes change, more so for the positive, when clients and family members are frequently kept in the loop, seen, and spoken with. When interviewing, it is vital to get as much detail as possible, even if it requires asking the same questions in different ways; find common ground with the clients and families, or witnesses. Try to think outside of the box, and attempt to anticipate what the attorney may want, need, or ask for.
No matter the details of the alleged crime, it is also important not to judge the client. It must be remembered that they did not just wake up one day thinking that they possibly wanted to spend decades in prison, or life, or be put to death, but that something happened along the way that got them to the point of where they were arrested and accused of their charge(s). Sometimes it is about finding information that does not excuse what might have happened, but helps explain why
something happened.
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