1. Evidence-based Prosecution For Police

2. Evidence-based Prosecution Adapted from a CLE presentation by Arlene Markarian, 6.16.04, “Evidence-based Prosecution.” ©2001,2002,2003,2004 by Arlene M. Markarian

3. Why? Victims reluctant to testify against family member or caregiver Victims may be unable to testify due to mental or physical impairments, or death Stop perpetrators before they cause death

4. Gather evidence If victim does testify, corroborates; helps meet standard of “beyond a reasonable doubt” If victim does not testify, proves crime and identity of perpetrator Gather evidence as if it were a homicide case (unless this conflicts with department homicide protocols)

5. Photographs Of victim and victim’s injuries Of defendant’s injuries or lack of injuries Etc. Everything

6. Seize/voucher evidence Weapons Damaged property If Blood-stained, use paper bag Items use to restrain, gag, torture Victim’s and/or defendants diary/calendar documenting abuse Etc. Everything

7. Eye, ear and nose witnesses To crime charged To previous incidents of abuse Person who called 911

8. Excited utterances Document excited utterance by victim Document victim’s demeanor Check for excited utterances to friends, EMTs, first police at scene, doctors, nurses, 911 caller

9. Defendant’s statements Document all statements, no matter how insignificant Check statements made to neighbors, landlord, friends/family, employer, EMTs, hospital personnel, jail/prison officials, parole/probation officers, etc. Get a statement; Read Miranda and try it

10. Exert medical opinion Ask for a release from the victim so you can obtain medical records: – To explain force required to inflict injury – To give expert opinion

11. Check for past DIRs/61s/OOPs Check other jurisdictions where defendant lived Check for abuse with this or other victims

12. Documentary evidence Defendant’s prison records Defendant’s home and cell phone records Parole/probation records Previous 911 calls Police records from other jurisdictions Prior Orders of Protection from this or other juridictions

13. Seize all medications Document medical information

14. Animal abuse Did defendant injure or kill a family pet? Ever threaten to kill or injure a pet? Does pet appear neglected?

15. Defendant’s background Psychiatric history/hospitalization? Drug/alcohol abuse/ Special medications?

16. Charges to Consider “Endangering” charges PL§260.32 & 260.34 Reckless Endangerment PL§120.25 & 120.20 Coercion PL§135 Intimidation of/Tampering with a Witness PL§215 Larceny by Extortion, PL§155