Hunter94 said:
AR Husker, i have a quick question for you, if you would please? in these types of incidents, why is it that conflicting accounts from "other" witnesses never gets into the initial report filed by the PD? i assume this is common, but what are the factors that prevent "other witness" statements from not being collected during the initial investigation by the authoritites and then "turn up" later in the case? and how valid are these conflicting reports, generally speaking?
thanks for any comments or insights into the validity of other witness comments/reports.
Actually, BRI might be able to give more insight on that point - it's really up to the way the officer is trained, how he initially perceives the situation, and who is willing to give a statement.
When I was a prosecutor our office would give mini-clinics to officers on evidence gathering, obtaining statements, that sort of thing. We stressed - time and again - to get statements from all people who had any knowledge. The trouble is identifying them and getting them to agree to talk. Since the officer wasn't there, he or she can't really know what who saw anything. Our feeling is that we wanted to know everything up front, of course - not just to prepare a case, but to determine
whether there was a case.
Having said that, any charging instrument should be as balanced as possible - but that's going to depend on the statements taken by the officers. You certainly don't want to slant an indictment or an affidavit - that can cause you no end of problems, as the prosecutor in the Duke lacrosse case is learning.
Ultimately, it depends on the officer and the witnesses - how good is the officer at coaxing people to talk, on record, and how many witnesses will come forward. A lot of people take the "I'm not getting involved" attitude. Just one of the things that must make it frustrating being a police officer.
Well, that and having to spend 8 hours a day in a car with BRI... :lol: