Michelle Anderson, Assistant District Attorney, 4 th JDC Brian Harkins, Assistant District Attorney, 4 th JDC

Transcription

1 Michelle Anderson, Assistant District Attorney, 4 th JDC Brian Harkins, Assistant District Attorney, 4 th JDC

2 Bad reporting/evidence gathering Recanting/Uncooperative Witnesses Defendant s manipulation of Victim Witnesses failing to appear Judges Trial day Protective Orders

3 Arraignment w/in 15 days of arrest First trial setting at 30 days Charge every crime in a case, not just primary. Consider: UUM SCDP Theft FI Crim. Trespass DTP

4 Code Subpoenas for IMMEDIATE service Use DA investigators to serve UTL or Moved Meet with Victims and other concerned parties Always have a witness present, may be called to testify Drop slips = Brady material Send them to Defense

5 Interns from local schools Family Justice Center Jail phone calls Victim s friends and family members

6 Train your officers & first responders: Role call training Police Academy Special In service Evidence Collecting is KEY!!! Teach LE about Victimless Prosecution and requirements to prove. Prosecutor on call 24/7, 365

7 TOP 10 LIST (see handout): 1. Talking to the Defendant is KEY!!! 2. Do they live together? 3. Are Children Present? 4. Is the Victim Pregnant? 5. Who is the Aggressor? 6. Photos 7. Witnesses 8. Physical Evidence 9. Protective Order 10. FACTS ONLY!

8 Pre Trial: 72s Request Bail Restriction Bond Hearings C.Cr.P. Art , 335.1, Probation Holds Ankle Monitors Prieur Hearings Motion to Quash subpoenaed Victims Admissibility of 6th Amendment issues WRIT EVERYTHING!!! Attach Victims for FTA

9 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

10 State v. Robinson, 776 So.2d 431 (La. 1/12/01) Crawford v. Washington, 124 S.Ct (2004) Davis v. Washington, 126 S.Ct (2006) Michigan v. Bryant, 131 S.Ct (2001) Primary Purpose Test: Ongoing Emergency Informality Statements & actions of both declarant & interrogators

11 C.E. 804B(7): A statement offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. b) A party seeking to introduce statements under the forfeiture by wrongdoing hearsay exception shall establish, by a preponderance of the evidence, that the party against whom the statement is offered, engaged or acquiesced in the wrongdoing. a)

12 Prep: Jail phone calls (see hand out) Meeting w/ victim, family, friends Call Victim to create the dialogue While D still in jail awaiting 72s Inform them of Victim s rights: LSA R.S. 46:1844 C(3), LSA R.S. 46:1841 and La. Const. Art. I 25 They have a P.O. Mini Lethality Assessment Obtain 3rd Party info

13 Additional Information: Library The Prosecutor s Resource

14 TRIAL: Introduce 911 calls Introduce LE belt recordings/dash cams Introduce drop slips Draw the sting and have V explain why Impeachment State v. Rankin, 965 So.2d 946 (La. App. 2 Cir., 2007) Check your jurisdictions

15 TRIAL (cont.): Use DV expert to testify Be wary of C.E. Art. 404 A.(2): Character of the Victim can be attacked if he/she has a DV history Misdemeanor Bench Charges Charging the Judge to apply the law for 6th Am. and Rankin issues

16 Sentencing: Designate as a Crime of Violence State v. Oliphant Habitual Offender File a BOI for Criminal Mischief or Perjury Consider using Grand Jury or Pre Trial Hearings Warn Victim prior to testifying of the possibility Bail Restrictions/Sentencing Orders

17 TOP DOWN SUPPORT

18 Forfeiture by Wrongdoing Offender: Victim: Victim s number(s): All call dates & times: Did the parties discuss the instant offense? Provide a brief explanation and call dates/times. Did the Defendant try to coerce the Victim in any way? Explain and call dates/times. Was the Defendant overly nice and/or loving towards the Victim? Explain and call dates/times. Did the Victim yield to the demands of the Defendant? Explain and call dates/times. Did the Defendant contact any other parties, asking them to contact the victim? Explain and call dates/times. Did the Victim tell the Defendant she talked to any other person about the instant offense? Explain. Further comments:

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