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[Archives]ReportWriting-CalRecycle.ppt
The Comments Form in the Waste Tire Survey Inspection Report is one place you might document witness statements. What are some other places you might use? READ SLIDE. NO BIG SURPRISE HERE. QUITE A FEW INTERVIEWS ARE UNRECORDED (AS WE DISCUSSED DURING THE LAST LECTURE ON INTERVIEWS/INTERROGATIONS) INSIDER TRADING. BACANOVIC WAS HER BROKER HE CALLED HER TO LEAVE A MESSAGE THAT IMCLONE WAS TANKING B/C ITS CEO WAS SELLING SHE TELLS THE FEDS THAT SHE DIDN’T KNOW, WHEN IN FACT OTHER EVIDENCE SHOWS THAT SHE REVIEWED THE MESSAGE AND CHANGED IT READ THE SLIDE: HOUSTON, WE HAVE A PROBLEM. HER NOTES DON’T RECORD IT, BUT HER REPORT DOES. AGAIN, A COMMON OCCURRENCE. YOU CAN’T WRITE FAST ENOUGH BUT YOU REMEMBER IT KEEP GOING TO NEXT SLIDE WHAT CAN YOU DO?? YOU CAN’T GO BACK AND EDIT YOUR NOTES. BUT YOU CAN IMMEDIATELY WRITE A SUPP REPORT STATING THAT THE NOTES DON’T INCLUDE A PARTICULARLY IMPORTANT STATEMENT. BUT TIME IS OF THE ESSENCE HERE. IF SHE WROTE A QUICK SUPP, she could have said: “I use my interview notes as an aid to my recollection when writing my report. “ “I can’t write everything down . . . Looking at the court reporter . . . I have to ask questions and make notes as I go along. But I can remember, and . . .” “My report was written only one day after the interview, when my memory was fresh. “ Potential unavailability (e.g., 92 years old), special needs (interpreter). Credibility includes bias (e.g., witness is a whistleblower or competitor) or criminal history. LIST DATES FOR EACH (we need to know if a “prior” is stale). NOTE THE RESPONSES from the suspect to these events (did they clean up problem areas or ignore inspections). Putting claims and defenses in the report not only lets the prosecutor know what might be coming, but it also locks the defendant into these statements. Exculpatory evidence (that which tends to show innocence) should be in the report because: Your report should be fair and complete It makes you look like you col
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