Law enforcement witnesses
Law enforcement witnesses
A computer crime case may be investigated by federal, state, or local law enforcement officers. It may be investigated by private security personnel working for the victim as regular employees or as consultants. As a rule, these investigators will not speak with defense counsel, and if the prosecution is asked to permit such conversation, normally the prosecution will refuse because defense interviews are likely to unearth evidence useful to the defense in cross-examination, an undesirable result as far as law enforcement is concerned. If defense counsel can interview law enforcement individuals, it is normally beneficial to the defense. Consequently, the defense attorney must identify the person authorized to give permission to interview relevant law enforcement officers. After determining such person, an appointment should be made with that person, at which time an attempt should be made to convince him or her that in the specific instance an interview with law enforcement personnel would be appropriate. Where law enforcement testimony is not crucial, the permission may be granted more easily. It should be kept in mind that if the private investigator or other investigator used by the defense attorney is a former officer from the same agency, as is often the case, he or she may have better leverage in attempting to get the interview. Additionally, reporters sometimes get information from law enforcement and may be more willing to disclose this information than the law enforcement officers.
If an interview is granted, it is important to determine the impression the law enforcement officer will make at trial, if he or she is likely to testify. The demeanor of the officer is important. Some officers have a strong authoritarian personality and make very strident impressions on the jury, sometimes good, sometimes bad. Other officers are more conciliatory and less dogmatic. Often police officers forget to include exculpatory statements by the defendant, or evidence inconsistent with the theory of guilt in their reports; such evidence should be elicited during an interview.
The sooner the police or other law enforcement agency is contacted the better. Before the case is brought to the prosecution, police may be willing to discuss the case with an eye toward resolving it without trial. As trial nears, however, cooperation diminishes.