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Introduction

"As a general rule the most successful man in life is the man who has the best information."

Benjamin Disraeli

Why the Need for a Forensic Consultant?

With all the issues facing attorneys in criminal prosecutions the area of crime scene investigation and science are often the least understood.  One does not always appreciate the fact that crime scene investigation is more than collecting evidence.  Forensic examinations have become much more instrumentational based.  With the advent of the "police sciences" expert testimony preparation has become knowing whether the opinions are objective, subjective or based upon assumptions, speculation or hypotheticals. 

The crime scene is the focal point of the investigation.  It is the location where most of the evidence would be found and often is critical in leading the investigation direction.  There is much more to crime scene investigation than taking photos, doing a diagram (if one is done) and collecting the obvious evidence.  Crime scene investigation is a process, one that causes the investigator to constantly appraise what they are observing versus the evidence found.  Some of the best crime scene investigators I have encountered in my work always conduct a "planned walk-through" the scene, take notes and then plan the course in their crime scene investigation.  Unfortunately, this is not always what occurs.

There are instances where the evidence collection consisted solely based on the information at the time.  Information changes during the investigation but you only get the crime scene once.  As a former certified instructor, I taught that if the crime scene investigation was not thorough, the remainder of the investigation is affected. 

Over the years the duties and responsibilities of police officers regarding crime scene investigation and procedures conducted at scenes have increased.  This has resulted in the training of police officers in science based investigations.  I am speaking of such duties as clandestine lab investigations, Drug Recognition, Bloodstain Pattern Examination and Crime Scene Reconstruction.  Very often the only requirement for attendance at these training seminars is time on a department.  Rarely is science education a requirement.  I have dubbed this newest addition as "police science."

 I have reviewed a large number of cases where these officers have done an excellent job in their examination and rendering opinions.  I have also reviewed a large number of cases where the officers have allowed their bias to enter into their opinions.  How does one know if an opinion is based upon evidence or speculation or assumption?  Here are some of the things you can encounter:

There has been various studies critical of the forensic sciences of late.  These criticisms range from lack of mandatory accreditation, lack of training and the lack of mandatory certification.  One study talked about the disparity between federal, state and local labs.  All studies were critical of most forensic labs in this country being part of law enforcement.

A "true" forensic scientist is unbiased and strives to maximize the information from the evidence.  Many who work in forensic labs are hampered in their pursuits by policies such as only conducting those examinations requested by the investigator.  I have read messages in the bench notes from analysts requesting the ability to run further tests to gain this information only to have them denied.  I have also reviewed bench notes from a case that did not correspond to any laboratory report.  The analyst indicated when they called the detective with the results, he did not want a lab report as the analysis did not help their case.

Finally many of the cases that cross my desk rely on witness testimony.  You could fill a room with all the research discussing the reliability of witness identifications and information.  How often do you look at the evidence and compare it to the witness statement?  How about comparing the crime scene information to the witness statement if applicable?  How sound would you feel a witness identification of a defendant is when they were asked to identify anyone they knew who had previous contact with the victim, the only one being the defendant?

Part of any case preparation is understanding all facets of the investigation.  Very often this involves forensics and investigative processes, some of which may be foreign or unfamiliar to you.  A forensic consultant is one who can assist you through the maze of evidence, investigative issues and other facets of your case preparation.  A forensic consultant can be one who will testify as an expert in courts or one that does not testify.

    When you employ Forensic Consulting you are getting an unbiased expert with 34 years of experience.  It is our policy to have little, if any contact with the defendant to avoid the perception of being "defense witnesses" as opposed to "witnesses for the defense."  Forensic Consulting makes through attempts to provide the client attorney with the best information possible based upon education, training and experience gained from my time as a forensic scientist, laboratory director and police officer.  Forensic Consulting has the privilege of being involved in cases from coast to coast as well as providing training to law enforcement, college students and defense attorneys.  We have testified as experts in local, state and federal courts.  You may not always like what we find, but you can rest assured the information is as accurate as the documentation provided.