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  • PRIVATE EYE coming to my HOUSE re a case

    I just a had a PI, (who is a ret sgt), show up at my HOUSE. He is working for the defense regarding a pretty high profile incident. I had already returned his message and told him I wouldn't speak to him. I don't help out the defense. I had a real problem with him coming to my house uninvited. Not to mention, who looked up my address for him? Anybody ever hear of this? I told him to "get the **** off my property."
    "Don't bother to run, you will only go to jail tired!"

  • #2
    Re: PRIVATE EYE coming to my HOUSE re a case

    flatbadge,

    Originally posted by flatbadge
    I just a had a PI, (who is a ret sgt), show up at my HOUSE. He is working for the defense regarding a pretty high profile incident. I had already returned his message and told him I wouldn't speak to him. I don't help out the defense. I had a real problem with him coming to my house uninvited. Not to mention, who looked up my address for him? Anybody ever hear of this? I told him to "get the **** off my property."
    It really isn't a challenge to find out where someone lives. The home address of a potential witness is easily accessible without using LE sources. Of course you don't have to speak with him, they will probabaly just subpoena you to court or take a deposition.

    Many retired LE officers work the PI field, and some of their clients are defense attorneys.
    Retired

    Comment


    • #3
      As a Private Investigator I can answer to this.

      I work for defense attorneys also. Remember, a person arrested or charged is not guilty. Many times innocent people are arrested and charged. The state gets a taxpayer supported investigation with the power to subpoena, arrest and obtain search warrants. The individual does not.

      Each person has a right to a fair representation and a trial. I often run into restistance when attempting to interview LEO's for criminal cases.

      After I get a chance to meet face-to-face and explain all of the reasons the LEO should talk to me, sometimes they do, sometimes they don't.

      Occasionally I have worked cases where the defendant was misidentified by the victim. I have gathered evidence to prove this. Sometimes the guy is guilty as hell, and he is feeding his attorney a line of BS. Often my interview with the LEO's involved can go a long way toward my convincing the attorney to plea out the case, saving taxpayer money and the courts time.

      And yes, sometime the defense is looking for shoddy work by the police. Mistakes in Miranda, search and seizure can get a defendant off. My advice is to always do good police work and that should not be a concern for you. (you meaning all LEO)

      That said, if I believe that my client is guilty I will NOT look for legal loopholes in which to get a defendant off. All the attorneys I work for know this. I have no problem locating witnesses and interviewing them, obtaining court documents and open records for LEO's, and looking for new witnesses or evidence.

      Flatbadge, the PI was hoping it would be more difficult for you to say no in person rather than over the phone. Also don't look at granting an interview with the defense as "helping the defense". It is more than that. It is helping insure a fair, two sided case is presented. Besides, your interview with the PI just may be what the defense needs to hear to go ahead and plea.

      Comment


      • #4
        ............................
        Last edited by Frank Booth; 02-27-2005, 02:17 AM.

        Comment


        • #5
          I had an insurance claim investigator want to interview me once about a wreck I worked. I charged $125.00/hr, 1hr minimum. 1hr and 1minute=2hrs. We talked for 10min and I made some quick $$$. It didn't seem ethical but I checked with a supervisor and consulted my policies and all was AOK.
          Two people can keep a secret if one of them is dead.

          Comment


          • #6
            Interesting responses.


            Coming to my house, w/o my invite was BS. Nothing ethical about that. The district attorney is making sure they don't come back. This PI sat out front making my wife uncomfortable on my chairs, waiting for me to come home. She didn't like it.

            I left him a message that I wouldnt speak to him on the phone this past week. That was'nt good enough. I have never heard of this nor has any of my compadres. Being a ret. LEO was even worse. I called him on it, and he never had anybody come to his house.

            I was one of the victims to his crime spree by the way.

            They all have the right to their defense, but coming here was wrong. Makes you wonder what they will tell the defendant about my home, kids, ect.

            BS if you ask me.
            "Don't bother to run, you will only go to jail tired!"

            Comment


            • #7
              I would not be real comfortable with a PI coming to my home, especially when it is someone (ex-LEO) whom I would think would know better to contact me while on duty to discuss the file that I investigated.

              Having said that, however, I would have no problem taking time while on duty to speak to the PI, and wonder why anyone would consider it wrong to "help" the Defence. I do not mean in the manner of turning around and becoming a PI for the Defence on a case where I was the investigator. Providing disclosure to the Defence is a REQUIREMENT up here, and is just another bit of pensionable-duty to perform.

              I have gotten to the point of making 2 copies of my in-car video tape and "can-say" testimony, along with my back-of-the-ticket notes, as soon as I get notification of a Not Guilty plea, and ASAP I mail 1 package off to the Prosecutor and the other to the "client".

              No matter how minor or heinous the incident, we just investigate and present the facts to the Court. Don't sweat whether or not the Defence can twist the facts to get the "client" off - if the evidence is more than sufficient for a finding of guilt, it will happen; if our investigation has been insufficient to gather up the necessary evidence, then we look at what we have done, where we could do better and carry on.

              If the Defence (lawyer, "client", PI and/or other hanger-ons) are trying to "get" something on the investigator, witness(es) and/or victim(s) in order to intimidate them to not testify, that is different, and should be dealt with.
              #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
              Proud Dad of #54266 - RCMP - 2007-02-12 to date
              RCMP Veterans Association - Regina Division member
              Mounted Police Professional Association of Canada - Associate (Retired) member
              "Smile" - no!

              Comment


              • #8
                Flatbadge,

                I certainly agree with you that once you told the PI not to contact you at your home, the request should have been honored. No excuse for what he did, especially a retired LEO.
                Retired

                Comment


                • #9
                  Any freakin defense interview should be attended by the prosecutor! If this was a policy/requirement, this would have never happened.

                  Comment


                  • #10
                    Originally posted by AZ-K9
                    Any freakin defense interview should be attended by the prosecutor! If this was a policy/requirement, this would have never happened.
                    Really, does the defense get to attend all prosecutorial interviews?

                    Flatbadge did not initially write that he was one of the victims. Normally we don't contact the victims.

                    Ethically, there is no reason to obtain permission before going to a witneses house to ask for an interview. In this case, the PI was attempting to interview a victim, and he should have honored the 1st refusal.

                    Retired, there was no 1st request not to contact him at home specifically, just a general "I will not interview with you".

                    This guy should not have contacted a victim after being told no.

                    Comment


                    • #11
                      If the PI read the report, then he would clearly have known I was one of the two victims in a pretty large incident. His client was a wanted armed/dangerous parolee at large.

                      I appreciate the dialogue in here. I still have a real problem with an uninvited home visit. I told him via phone I wouldnt speak with him.

                      His being a ret. officer makes it worse. He should have known better. But then money talks and I'm not writing his pay check.

                      Catch you all later,


                      Mike
                      "Don't bother to run, you will only go to jail tired!"

                      Comment


                      • #12
                        I can't imagine this happening this side of the Pond. I have certainly been called as a defence witness which is very strange feeling ! If the defence want to interview an officer, then they come to the police station pay the appropriate fee and a senior officer sits in on the interview.

                        There is also full disclosure of evidence here following past high profile miscarriages of justice.

                        Witness intimidation is also a serious offence where I work, and I would take a very dim view of unwanted and unwarranted visits to my home address.



                        Lobster.

                        Comment


                        • #13
                          Sgt Lobster

                          I bet the PI was hoping his being an ex-cop would cause flatbadge to feel somewhat obligated to at least talk to him.

                          I disagree with going to the officers house once he was told no over the phone.

                          On a semi-side note, I often have real problems getting LEO's to return phone calls, even on duty. That said, I would never go to one's home if I wanted an interview based on information the officer gained in an official capacity.

                          Comment


                          • #14
                            .......................
                            Last edited by Frank Booth; 02-27-2005, 02:17 AM.

                            Comment


                            • #15
                              The normal procedure here would be for a defence lawyer to write to the police so that the necessary arrangements could be made. These approaches aren't that common as the defence would normally raise such matters with the Crown Prosecuton Service.


                              Lobster.

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