In a criminal case, the government’s version of events comes from police reports, lab work and witness statements gathered by law enforcement. Defense counsel is entitled to that discovery. But discovery is the other side’s account, collected for the other side’s purposes. A defense investigator works for the attorney to test it and to find what it leaves out.
Reading the file first
The work usually starts at a desk. The investigator goes through reports, body-camera footage, photographs and timelines, looking for gaps: a witness named once and never interviewed, a timestamp that doesn’t line up, a location no one photographed. Those gaps become the task list.
Going to the scene
Scene visits answer questions a report can’t. What could a witness actually see from where they stood? How long does the walk really take? Where are the cameras, and who owns them? Measurements and photographs taken now can show whether an account holds up.
Finding and interviewing witnesses
Much of the job is locating people and talking with them: witnesses police interviewed, ones they didn’t, and people who know the background. A good interview is careful and well documented. The goal is an accurate account, not a helpful one. A statement that doesn’t hold up is a liability at trial.
Working under counsel
The investigator works at the attorney’s direction, which matters for privilege and work product. Findings go to counsel in written reports, and the lawyer decides how they are used. If the facts need to come in through a witness, the investigator may testify about what they did and what they found.
Post-conviction work
The same skills apply after a verdict. Post-conviction investigation goes back over a closed case to look for evidence never developed at trial, such as an unexamined alibi, a recanting witness or a forensic question that was never asked.
In Craig’s practice this work has included 500+ documented witness interviews, 350+ written reports and 50+ court appearances since 2014.
General information only. This is not legal advice and does not describe any specific client matter.