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Scorched Earth Record Collection Kirsty Davis April 2011.

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1 Scorched Earth Record Collection Kirsty Davis kirsty@gracelaw.org April 2011

2 Types of Records Private Records Private Records Need a release or subpoena. Need a release or subpoena. Public Records Public Records By request or courthouse searches. By request or courthouse searches.

3 Record Collection Start immediately, Start immediately, Don’t wait for state to seek death. Don’t wait for state to seek death. Don’t wait for mitigation specialist. Don’t wait for mitigation specialist. Releases from client and all family immediately – multiple copies. Releases from client and all family immediately – multiple copies. Easy and cheap but long lead time. Easy and cheap but long lead time. Records Log & Narrative. Records Log & Narrative.

4 Rules to follow Collect private records with releases, not subpoenas. Collect private records with releases, not subpoenas. Client’s family – 3 generations. Client’s family – 3 generations. Courthouse searches on every name that appears in the file. Courthouse searches on every name that appears in the file. Do the digging yourself – Accurint is good for locating a witness, not for courthouse searches. Do the digging yourself – Accurint is good for locating a witness, not for courthouse searches. Certification. Certification. No Record? Get it in writing. No Record? Get it in writing.

5 Personal Records With Release: Client’s Records Medical – all hospitals from birth to present, free clinics whether client reports having gone Medical – all hospitals from birth to present, free clinics whether client reports having gone Educational – headstart, alternative schools, GED Educational – headstart, alternative schools, GED Mental Health – same searches as medical Mental Health – same searches as medical Rehabilitation – Drug Treatment Rehabilitation – Drug Treatment Prison – current case, ALL previous cases, ALL previous arrests Prison – current case, ALL previous cases, ALL previous arrests Probation – adult or juvenile, community service, parole, required classes (i.e. anger management, etc.) Probation – adult or juvenile, community service, parole, required classes (i.e. anger management, etc.) Military Military Financial – Any bank information, property Financial – Any bank information, property Welfare/social services – including CPS, Food stamps, homeless/domestic violence shelters, Medicaid, etc. Welfare/social services – including CPS, Food stamps, homeless/domestic violence shelters, Medicaid, etc. Social Security Social Security Public Housing Public Housing Employment - Job Corps, pay stubs, applications Employment - Job Corps, pay stubs, applications Church or youth groups Church or youth groups Birth certificate Birth certificate Dental records Dental records

6 Client’s Family – Three Generations Medical – all hospitals from birth to present, free clinics whether client reports having gone Medical – all hospitals from birth to present, free clinics whether client reports having gone Educational – headstart, alternative schools, GED Educational – headstart, alternative schools, GED Mental Health – same searches as medical Mental Health – same searches as medical Rehabilitation – Drug Treatment Rehabilitation – Drug Treatment Prison – current case, ALL previous cases, ALL previous arrests Prison – current case, ALL previous cases, ALL previous arrests Probation – adult or juvenile, community service, parole, required classes (i.e. anger management, etc.) Probation – adult or juvenile, community service, parole, required classes (i.e. anger management, etc.) Military Military Financial – Any bank information, property Financial – Any bank information, property Welfare/social services – including, CPS, Food stamps, homeless/domestic violence shelters, Medicaid, etc. Welfare/social services – including, CPS, Food stamps, homeless/domestic violence shelters, Medicaid, etc. Social Security Social Security Public Housing Public Housing Employment - Job Corps, pay stubs, applications Employment - Job Corps, pay stubs, applications Church or youth groups Church or youth groups Birth certificate/death Birth certificate/death Dental records Dental records

7 How To Get The Records: Once know the name of the institute, do a google search, look up their number, call them and ask how to request records. Once know the name of the institute, do a google search, look up their number, call them and ask how to request records. Fax rather than mail, get the name of the person to send it directly to rather than just send it to the “Records Department” – it’s faster. Fax rather than mail, get the name of the person to send it directly to rather than just send it to the “Records Department” – it’s faster. Check whether they require their own release to be signed - ADOC Medical Records: The release must be dated and witnessed. This is accomplished by requesting a client’s records; ADOC then has a staff member bring the client a release to sign. Check whether they require their own release to be signed - ADOC Medical Records: The release must be dated and witnessed. This is accomplished by requesting a client’s records; ADOC then has a staff member bring the client a release to sign. Use photocopies of releases when possible – they will run out. Use photocopies of releases when possible – they will run out. Make sure you send a HIPAA release when there may be medical records – not just to medical institutes. Make sure you send a HIPAA release when there may be medical records – not just to medical institutes.

8 Special Rules for Medical Records Releases must comply with Health Insurance Portability and Accountability Act (HIPAA) Releases must comply with Health Insurance Portability and Accountability Act (HIPAA) This includes psychotherapy notes, Medicare and Medicaid, pharmacies, and substance abuse facilities This includes psychotherapy notes, Medicare and Medicaid, pharmacies, and substance abuse facilities http://www.hhs.gov/ocr/hipaa/ http://www.hhs.gov/ocr/hipaa/ http://www.hhs.gov/ocr/hipaa/ http://privacyruleandresearch.nih.gov / http://privacyruleandresearch.nih.gov / http://privacyruleandresearch.nih.gov / http://privacyruleandresearch.nih.gov / Often they require original signatures. Often they require original signatures.

9 Don’t fear legalese Demand statutory authority for resistance to accepting your release!!!

10 What Release Must Include, 45 Code of Federal Regulations § 164.508(c)(1): List of all types of records meant to be covered by the release (esp. HIV/AIDS information, mental health) List of all types of records meant to be covered by the release (esp. HIV/AIDS information, mental health) Name of person authorized to make disclosure (i.e. hospital or clinic) Name of person authorized to make disclosure (i.e. hospital or clinic) Name of person/entity to whom disclosure can be made (list defense team members) Name of person/entity to whom disclosure can be made (list defense team members) Purpose of the disclosure (“in representation of Joe Client”) Purpose of the disclosure (“in representation of Joe Client”) Expiration Date (i.e. ten years from the date signed) Expiration Date (i.e. ten years from the date signed) Signature and Date Signature and Date the date range of the records, even if that means birth to present the date range of the records, even if that means birth to present

11 Mandatory Language, 45 CFR § 164.508 (c)(2) Individual’s right to revoke authorization for disclosure Individual’s right to revoke authorization for disclosure Information regarding possible re-disclosure Information regarding possible re-disclosure The entire release must be in plain language The entire release must be in plain language

12 Special Rules Governing Psychotherapy Records Under 45 CFR § 164.508 (b you may need separate release for psychotherapy notes Under 45 CFR § 164.508 (b) (ii) you may need separate release for psychotherapy notes

13 Courthouse Searches On EVERY name on your People List, including On EVERY name on your People List, including Dead or Alive Dead or Alive Friendly or Hostile Friendly or Hostile Witness or Not Witness or Not Victim and Family Victim and Family Professional and Lay Witnesses Professional and Lay Witnesses Even if you think you already know the answers, look anyway! Even if you think you already know the answers, look anyway!

14 Courthouse Searches, II Re-do Searches Periodically for time period since the last search Re-do Searches Periodically for time period since the last search Coordinate with the Culpability phase investigator for efficiency and take turns doing the entire list at once Coordinate with the Culpability phase investigator for efficiency and take turns doing the entire list at once Ask Attorney to get Order signed so that you pay little or nothing for copies Ask Attorney to get Order signed so that you pay little or nothing for copies

15 What is a complete courthouse search? Criminal – both state and federal, felony, misdemeanor, traffic, municipal, Justice of the Peace Criminal – both state and federal, felony, misdemeanor, traffic, municipal, Justice of the Peace TIP: You want the entire Clerk’s File for every case TIP: You want the entire Clerk’s File for every case Civil – both federal and state, property, tax, family (marriage, child custody, divorce, child support), civil suits (car accidents, civil rights suits, etc.), wills & probate, bankruptcy Civil – both federal and state, property, tax, family (marriage, child custody, divorce, child support), civil suits (car accidents, civil rights suits, etc.), wills & probate, bankruptcy Vital Records – birth, death, marriage, name changes Vital Records – birth, death, marriage, name changes Registries – Doing Business As, vehicle taxes, public oaths, public adoptions Registries – Doing Business As, vehicle taxes, public oaths, public adoptions Voter registration Voter registration

16 Useful Courthouse Websites: Maricopa County (Phoenix): This county has the most comprehensive and easiest to use search. The following searches can be used for Superior and Justice Courts. Maricopa County (Phoenix): This county has the most comprehensive and easiest to use search. The following searches can be used for Superior and Justice Courts. Minute Entries: http://www.courtminutes.maricopa.gov/ Minute Entries: http://www.courtminutes.maricopa.gov/http://www.courtminutes.maricopa.gov/ Dockets: http://www.superiorcourt.maricopa.gov/docket/index.asp Dockets: http://www.superiorcourt.maricopa.gov/docket/index.asp http://www.superiorcourt.maricopa.gov/docket/index.asp Pima County (Tucson): Pima County (Tucson): Superior Court Records are generally only searchable at the courthouse or by employees of the indigent defense offices Superior Court Records are generally only searchable at the courthouse or by employees of the indigent defense offices Some records, including case names and numbers, dockets, and occasionally records from family court and other matters may be viewed on the Court Clerk’s website: http://www.cosc.co.pima.az.us/home.asp?Include=page s/record_search.htm Some records, including case names and numbers, dockets, and occasionally records from family court and other matters may be viewed on the Court Clerk’s website: http://www.cosc.co.pima.az.us/home.asp?Include=page s/record_search.htm http://www.cosc.co.pima.az.us/home.asp?Include=page s/record_search.htm http://www.cosc.co.pima.az.us/home.asp?Include=page s/record_search.htm Justice Court Dockets: http://www.jp.pima.gov/casesearch3/ Justice Court Dockets: http://www.jp.pima.gov/casesearch3/http://www.jp.pima.gov/casesearch3/ Tucson City Court Record Search (misdemeanors and traffic): http://cms3.tucsonaz.gov/courts/QDPS/Search/CitySearch.a spx Tucson City Court Record Search (misdemeanors and traffic): http://cms3.tucsonaz.gov/courts/QDPS/Search/CitySearch.a spx http://cms3.tucsonaz.gov/courts/QDPS/Search/CitySearch.a spx http://cms3.tucsonaz.gov/courts/QDPS/Search/CitySearch.a spx

17 Cont… Rural Counties: Rural Counties: Arizona Judicial Branch Public Access to Court Information: http://apps.supremecourt.az.gov/publicaccess/caselo okup.aspx?AspxAutoDetectCookieSupport=1 Arizona Judicial Branch Public Access to Court Information: http://apps.supremecourt.az.gov/publicaccess/caselo okup.aspx?AspxAutoDetectCookieSupport=1 http://apps.supremecourt.az.gov/publicaccess/caselo okup.aspx?AspxAutoDetectCookieSupport=1 http://apps.supremecourt.az.gov/publicaccess/caselo okup.aspx?AspxAutoDetectCookieSupport=1 Case dockets are viewable for most county Superior and Justice Courts. Minute entries are sometimes available, but not reliably. Case dockets are viewable for most county Superior and Justice Courts. Minute entries are sometimes available, but not reliably. Courts of Appeal and Supreme Courts Courts of Appeal and Supreme Courts View dockets, calendar, party index, and attorney index for active cases only: http://apps.supremecourt.az.gov/aacc/asc/ascmain.ht m View dockets, calendar, party index, and attorney index for active cases only: http://apps.supremecourt.az.gov/aacc/asc/ascmain.ht m http://apps.supremecourt.az.gov/aacc/asc/ascmain.ht m http://apps.supremecourt.az.gov/aacc/asc/ascmain.ht m Prior cases are not viewable Prior cases are not viewable

18 Public Records Requests Protocols and other institutional documents on all governmental entities involved with your client or his family in any way at any time: Protocols and other institutional documents on all governmental entities involved with your client or his family in any way at any time: Welfare, Housing, Social Services, Juvenile Detention, TYC, orphanages, Boys Home, Child Protective Services, Special Education Programs, Schools, Mental Health providers, public health providers, hospitals, law enforcement, crime labs, probation departments, jails, prisons, half-way houses, rehab programs, sex-offender programs, etc., etc., limited only by your imagination! Welfare, Housing, Social Services, Juvenile Detention, TYC, orphanages, Boys Home, Child Protective Services, Special Education Programs, Schools, Mental Health providers, public health providers, hospitals, law enforcement, crime labs, probation departments, jails, prisons, half-way houses, rehab programs, sex-offender programs, etc., etc., limited only by your imagination!

19 Law Enforcement Files for Every Prior of Anyone on People List (including possible snitches) County Law Enforcement (Sheriff’s office) County Law Enforcement (Sheriff’s office) Department of Public Safety (State Troopers) Department of Public Safety (State Troopers) Rangers – Part of DPS Rangers – Part of DPS Medical Examiners office - some smaller counties use ME’s from larger neighboring counties. Medical Examiners office - some smaller counties use ME’s from larger neighboring counties. Toxicology Toxicology Trace Evidence Trace Evidence Histology Histology Serology Serology Crime Labs Crime Labs Possibly same as above Possibly same as above Photography Photography Centralized Evidence Centralized Evidence Firearms Labs Firearms Labs

20 Places to collect records on Crime Scene Crime Scene All 911 calls All 911 calls Ownership Ownership Liens Liens Suits Suits Insurance Insurance Every place your client lived Every place your client lived 911 calls from the area 911 calls from the area CPS records CPS records Information about the neighbors Information about the neighbors Information on the neighborhood Information on the neighborhood Ownership of property in the area Ownership of property in the area

21 Arizona Public Records Arizona Revised Statutes, Title 39. Public Records, Printing and Notices. Arizona Revised Statutes, Title 39. Public Records, Printing and Notices. A.R.S. §. 39-121.01. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index” A.R.S. §. 39-121.01. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index” “Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body’s web site to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 or 39-127 shall be furnished without charge.” “Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body’s web site to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 or 39-127 shall be furnished without charge.”

22 Records Available: Basically, anything you can think of that emanates from a governmental agency Basically, anything you can think of that emanates from a governmental agency A.R.S. §. 39-121.01. : “ All officers and public bodies shall maintain all records, including records as defined in section 41-1350, reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.” A.R.S. §. 39-121.01. : “ All officers and public bodies shall maintain all records, including records as defined in section 41-1350, reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.”

23 What is a Public Record? As a general rule, “all records required to be kept under A.R.S. § 39-121.01(B) are presumed open to the public for inspection as public records.” Carlson v. Pima County, 141 Ariz. 487, 491, 687 P.2d 1242, 1246 (1984). Section 39-121.01(B), A.R.S., requires all officers and public bodies to maintain records, including records defined in A.R.S. § 41-1350, reasonably necessary to provide an accurate accounting of their official activities and of any government-funded activities. Section 41-1350, A.R.S., defines “records” as all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to § 41-1348, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained therein. As a general rule, “all records required to be kept under A.R.S. § 39-121.01(B) are presumed open to the public for inspection as public records.” Carlson v. Pima County, 141 Ariz. 487, 491, 687 P.2d 1242, 1246 (1984). Section 39-121.01(B), A.R.S., requires all officers and public bodies to maintain records, including records defined in A.R.S. § 41-1350, reasonably necessary to provide an accurate accounting of their official activities and of any government-funded activities. Section 41-1350, A.R.S., defines “records” as all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to § 41-1348, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained therein.

24 Examples of information available: a completed report, audit, evaluation, or investigation made of, for, or by a governmental body, not including pending law enforcement investigations; a completed report, audit, evaluation, or investigation made of, for, or by a governmental body, not including pending law enforcement investigations; the name, sex, ethnicity, salary, title, and dates of employment of each employee and officer of governmental body; the name, sex, ethnicity, salary, title, and dates of employment of each employee and officer of governmental body; all working papers, research material, and information used to estimate the need for or expenditure of public funds or taxes by a governmental body; all working papers, research material, and information used to estimate the need for or expenditure of public funds or taxes by a governmental body; all formal and informal policies and procedures; all formal and informal policies and procedures; a rule of procedure, a description of forms available or the places at which forms may be obtained, and instructions relating to the scope and content of all papers, reports, or examinations; a rule of procedure, a description of forms available or the places at which forms may be obtained, and instructions relating to the scope and content of all papers, reports, or examinations; a policy statement or interpretation that has been adopted or issued by an agency; a policy statement or interpretation that has been adopted or issued by an agency; administrative staff manuals and instructions to staff that affect a member of the public; administrative staff manuals and instructions to staff that affect a member of the public;

25 Public Records Act Exceptions (Texas) Law enforcement exception Law enforcement exception Closed file vs. open file Closed file vs. open file Personnel files - Civil Service Records Personnel files - Civil Service Records home addresses, phone numbers and SSN redacted home addresses, phone numbers and SSN redacted information deemed confidential by constitutional law, statute, or judicial decision information deemed confidential by constitutional law, statute, or judicial decision where disclosure would constitute a clearly unwarranted invasion of personal privacy where disclosure would constitute a clearly unwarranted invasion of personal privacy certain information concerning pending criminal or civil litigation to which the governmental body or employee is party certain information concerning pending criminal or civil litigation to which the governmental body or employee is party records of law enforcement agencies and prosecutors dealing with detection, investigation, or prosecution of crime, but only if the release of the requested information will unduly interfere with law enforcement and crime prevention. records of law enforcement agencies and prosecutors dealing with detection, investigation, or prosecution of crime, but only if the release of the requested information will unduly interfere with law enforcement and crime prevention.

26 Public Records Requests to Make (at least): Every prior arrest of client, family member or potential witness: Every prior arrest of client, family member or potential witness: Law enforcement files, D.A.s and their investigators, police, Sheriff, DPS, forensic crime labs (including private contractors), State Troopers, Rangers, DPS, Coroners/Medical Examiners Sheriff, Police, Fire dept., FBI, DEA, BIA, ATF, Homeland Security, etc. Law enforcement files, D.A.s and their investigators, police, Sheriff, DPS, forensic crime labs (including private contractors), State Troopers, Rangers, DPS, Coroners/Medical Examiners Sheriff, Police, Fire dept., FBI, DEA, BIA, ATF, Homeland Security, etc. 911 calls for addresses where client grew up 911 calls for addresses where client grew up Personnel and/or civil service files of all state actors Personnel and/or civil service files of all state actors For every public agency relevant to current case or client’s past history (incarceration, welfare, rehab, etc.): For every public agency relevant to current case or client’s past history (incarceration, welfare, rehab, etc.): funding, expenses, budgetary concerns, handbooks, procedures, policy manuals, testing, evaluations funding, expenses, budgetary concerns, handbooks, procedures, policy manuals, testing, evaluations First names and dates of birth for public school teachers First names and dates of birth for public school teachers

27 Drafting your Request: Must be in writing Must be in writing No magic language required No magic language required Generally speaking, agencies have 10 days to respond or appeal to the Attorney General’s Office (Texas) Generally speaking, agencies have 10 days to respond or appeal to the Attorney General’s Office (Texas) If denied, you can file a writ of mandamus If denied, you can file a writ of mandamus

28 Public Information Act (Texas Government Code, Chapter 552) A person's motive for requesting the information cannot be a consideration A person's motive for requesting the information cannot be a consideration § 552.222 specifically prohibits the officer for public information from making any inquiry of a requestor other than to establish the requestor's proper identification, to clarify a request if the governmental body is unclear as to what information is requested, and to attempt to narrow a request that seeks a large amount of information. § 552.222 specifically prohibits the officer for public information from making any inquiry of a requestor other than to establish the requestor's proper identification, to clarify a request if the governmental body is unclear as to what information is requested, and to attempt to narrow a request that seeks a large amount of information. "[T]he form in which a governmental body stores information does not affect its availability." Tex. Att'y Gen. ORD-461, at 3 (1987). You can get documents, recordings, DVDs, whatever "[T]he form in which a governmental body stores information does not affect its availability." Tex. Att'y Gen. ORD-461, at 3 (1987). You can get documents, recordings, DVDs, whatever Great Resource: http://www.rcfp.org/cgi- local/tapping/index.cgi?key=TX Great Resource: http://www.rcfp.org/cgi- local/tapping/index.cgi?key=TX

29 Federal Freedom of Information Act, 5 U.S.C. § 552 “The process is neither complicated nor time consuming.” US DOJ “The process is neither complicated nor time consuming.” US DOJ FOIA reference guide, http://www.usdoj.gov/04fo ia/04_3.html FOIA reference guide, http://www.usdoj.gov/04fo ia/04_3.html

30 Where to get the contact information for individual agencies http://www.usdoj.gov/04foia/foiacont acts.htm http://www.usdoj.gov/04foia/foiacont acts.htm http://www.usdoj.gov/04foia/foiacont acts.htm http://www.usdoj.gov/04foia/foiacont acts.htm Postal Rate Commission Steven W. Williams Secretary Suite 300 1333 H Street, N.W. Washington, D.C. 20268 telephone number: (202) 789-6840 fax number: (202) 789-6886 Postal Rate Commission Steven W. Williams Secretary Suite 300 1333 H Street, N.W. Washington, D.C. 20268 telephone number: (202) 789-6840 fax number: (202) 789-6886 Postal Rate Commission Postal Rate Commission

31 Letter Generator for FOIA requests http://www.rcfp.org/foi_letter/generate.p hp

32 Aimee Solway 2401 Fletcher St. Houston, TX 77009 713-256-1923 Aimee Solway 2401 Fletcher St. Houston, TX 77009 713-256-1923 April 10, 2006 April 10, 2006 FOIA/PA Officer USDA Food Safety and Inspection Service Room 1164-South Washington, DC 20250 FOIA/PA Officer USDA Food Safety and Inspection Service Room 1164-South Washington, DC 20250 FOIA REQUEST FOIA REQUEST Dear FOI Officer: Dear FOI Officer: Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of all records pertaining to chicken. Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of all records pertaining to chicken. I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $40. However, please notify me prior to your incurring any expenses in excess of that amount. I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $40. However, please notify me prior to your incurring any expenses in excess of that amount. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. As I am making this request as a lawyer and thi\s information is of timely value, I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request. As I am making this request as a lawyer and thi\s information is of timely value, I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request. I look forward to your reply within 20 business days, as the statute requires. I look forward to your reply within 20 business days, as the statute requires. Thank you for your assistance. Thank you for your assistance. Sincerely, Sincerely, Aimee Solway Aimee Solway

33 What happens next: 20 days to respond, but doesn’t have to be the actual records, just an acknowledgement and anticipated action 20 days to respond, but doesn’t have to be the actual records, just an acknowledgement and anticipated action Administrative appeal and federal lawsuits available Administrative appeal and federal lawsuits available

34 Other Arizona - Specific Searches ADOC: Arizona Department of Corrections allows searches of current and former inmates: http://www.azcorrections.gov/inmate_datas earch/Index_Minh.aspx ADOC: Arizona Department of Corrections allows searches of current and former inmates: http://www.azcorrections.gov/inmate_datas earch/Index_Minh.aspx http://www.azcorrections.gov/inmate_datas earch/Index_Minh.aspx http://www.azcorrections.gov/inmate_datas earch/Index_Minh.aspx Inmate files (except for medical records) can be obtained by contacting ADOC with the inmate’s name, date of birth, and ADOC number Inmate files (except for medical records) can be obtained by contacting ADOC with the inmate’s name, date of birth, and ADOC number Vital Records (view birth certificates for births 1855-1935 and death certificates for deaths 1844-1960): http://genealogy.az.gov/ Vital Records (view birth certificates for births 1855-1935 and death certificates for deaths 1844-1960): http://genealogy.az.gov/ http://genealogy.az.gov/

35 Expert Witnesses CV and credentials/accreditation CV and credentials/accreditation Licensure Boards Licensure Boards Articles published Articles published Testimony from previous cases Testimony from previous cases

36 Victim records Public records Public records Court house searches Court house searches Funeral Home books Funeral Home books Obituary Obituary Discovery? Discovery?

37 Newspaper/Media Lexis-Nexis Lexis-Nexis Local library, local papers Local library, local papers Internet media sources Internet media sources

38 Prior proceedings Transcripts & depositions Transcripts & depositions Court reporters Court reporters Appeals courts Appeals courts Case files Case files Attorneys Attorneys

39 A few more links to check out https://secure.sbec.state.tx.us/SBECONLI NE/virtcert.asp https://secure.sbec.state.tx.us/SBECONLI NE/virtcert.asp https://secure.sbec.state.tx.us/SBECONLI NE/virtcert.asp https://secure.sbec.state.tx.us/SBECONLI NE/virtcert.asp Information on Texas school teachers Information on Texas school teachers http://www.tmb.state.tx.us/ http://www.tmb.state.tx.us/ http://www.tmb.state.tx.us/ Information on physicians Information on physicians State Bar of Texas – www.texasbar.com State Bar of Texas – www.texasbar.comwww.texasbar.com http://texas.schooltree.org/counties- page1.html http://texas.schooltree.org/counties- page1.html http://texas.schooltree.org/counties- page1.html http://texas.schooltree.org/counties- page1.html Good source for information on Texas schools Good source for information on Texas schools http://scholar.google.com/ http://scholar.google.com/ http://scholar.google.com/ Good source for academic articles Good source for academic articles

40 SDTs - subpoenas duces tecum When would you consider a SDT? When would you consider a SDT? Need to discuss as team everything that could be in the records. Need to discuss as team everything that could be in the records. Serving SDT. Serving SDT.

41 Discovery Any mitigating information, including expressions of remorse or regret about crime, evidence of impairment or mental health issues, prior involvement in state schools, prisons. Any mitigating information, including expressions of remorse or regret about crime, evidence of impairment or mental health issues, prior involvement in state schools, prisons. File motions to notify state of types of mitigating evidence that might be in its possession File motions to notify state of types of mitigating evidence that might be in its possession Once they are “on notice,” they have obligation for other state agencies as well as those participating in the prosecution Once they are “on notice,” they have obligation for other state agencies as well as those participating in the prosecution

42 Collecting and Creating Demonstrative evidence Artifacts of a life: Photos, ribbons, art, yearbooks, certificates, trophies, etc. Artifacts of a life: Photos, ribbons, art, yearbooks, certificates, trophies, etc. Demonstrative Evidence – Current photos of the client's ram shackled home, neighborhood, school, community, etc.; Videos; family trees Demonstrative Evidence – Current photos of the client's ram shackled home, neighborhood, school, community, etc.; Videos; family trees

43 Demographic Research: Investigating your client's community: social issues and racial makeup, economics, education, availability of social services, politics, etc. Investigating your client's community: social issues and racial makeup, economics, education, availability of social services, politics, etc.


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