In general; locating witnesses

In general; locating witnesses

The most basic reference in the creation of a witness list is the client. He or she will frequently know who, in the victim-company, can provide useful information, what other people are familiar with the victim's computer system who may assist with the defense. The attorney will be able to learn the names of all prosecution witnesses by discovery.FN48 There will be local procedures dictating the matter and timing of receipt of police reports and prosecutor's materials. Counsel will want to learn and follow the local procedures for getting these materials, and scrupulously following up to make sure that the sharing by police and prosecution continues. In addition, counsel will want to use the subpoena process to get more information from the victim as to the custodians of relevant documents, and as to the identity of relevant documentation.FN49

It is important to renew discovery motions every few months, and more frequently as trial approaches, as the orders are never self-enforcing, and prosecutors are often loathe to make compliance with discovery a first priority even when the order contains a continuing obligation to disclose.

Either the attorney or the attorney's investigator should go to the scene where the alleged computer crime took place. Unlike traditional crimes, the scenes of a computer crime can be spread anywhere on the globe where there are computers connected by communications systems, in short, wherever there is telephone service. A sophisticated victim's system may include a mainframe in one building, a system log in another, and another computer in another state but connected electronically.FN50

If the scene is an office, where other people may be employed, witnesses are often found there, especially if the visit is at the same time of day or week as when the crime allegedly occurred. Where other conditions such as lighting, weather month-end procedures, or other environmental factors can be observed, these too should be taken into consideration. Anyone who might have passed the scene is a potential witness. This includes people whose work normally involves making contact with the victim's place of business, such as postal employees, janitors, customers, and salespeople. Other employees of the victim are natural prospects for interviews.

Numerous reporters may investigate well-publicized computer crimes. As a result, some news accounts may disclose witnesses who are not known to the prosecution. They also may have admissions from other possible suspects and even statements by law enforcement officers that did not make their way to any police reports.FN51