Chapter 23

The Final Report, Testifying
in Court, and PIO

Chapter 23

© 2009 Delmar, Cengage Learning

Objectives
• Describe the process of developing a final
analysis and hypothesis
• Describe the process of preparing and
completing a final, accurate, and concise report
• Describe the process of preparing and
delivering a verbal report in the allotted time
• Describe the process of preparing for court and
testifying in a legal proceeding


Case Study
• A judge gave the instruction that no one was to
discuss this case in any form while they were
sequestered
• Before everyone had settled into their chairs two
individuals started talking about their testimony
• After their testimony, they were escorted to the
hall adjacent to the courtroom, handcuffed, and
led off for being in contempt of court


Introduction
• The final report must contain all aspects of the
facts surrounding the case
– Every hypothesis must be included, even those
discounted
– Must be made available during the discovery portion
of the trial
• There may be an opportunity to provide public
information on the findings of the investigation


Reports
• Putting the report together requires a review of
the entire file
• Systematic nature of the investigation must be
reflected in the report
• Any information that needs corroborative
evidence or documentation before going to trial
needs to be documented
• Review the report, and look for any
discrepancies


Motive
• Many times showing a motive is not necessary
to get a conviction
• If motive can be confirmed, then it should be in
the report
– Report should reflect the relative surety of the
investigator’s opinion of the motive


Accidental Causes
• Accidental cases deserve the same scrutiny as
criminal cases
• You are just as apt to end up in court over a civil
issue as you are in a criminal case
• Same attention to details and documentation is
important


Final Report
• Must accurately reflect the investigator’s
findings
• Must be concise
• Must include the investigator’s expert opinion on
fire area of origin, cause, and product or person
responsible
• Should be written so that it could be easily
understood by the judge or jury


Verbal Report
• This is something that should never happen in
the government sector
• In the insurance industry an investigator might
just look at the scene to see if it warrants further
investigation
– When the scene looks accidental, the private sector
investigator’s instructions may be to not write a report
and move on


National Fire Incident Reporting
System
• In a perfect world, every fire department would
submit reports
• To not collect these data means incomplete
national or state reports on fires
– A case in point: a state that only has 50 percent of its
departments submitting electronic reports only has
half a picture of the fire problem


National Fire Incident Reporting
System (cont’d.)
• For those departments reporting to NFIRS, this
is where the work of the first responder
investigator can really pay off in the compiling of
the data


Courtroom Preparation
• Many things must be done prior to going to
court
– Pretrial meetings, creation of a multimedia
presentation, and final review of the report
• There may be very little time for the first court
appearances if this is a criminal trial
– Many states require an almost immediate hearing for
setting bail
– For most criminal proceedings, the prosecuting
attorney will question the arresting officer


Curriculum Vitae
• A curriculum vitae (CV) is nothing more than a
detailed résumé
– Should be thorough and complete with all your
background information all classes you have taken as
well as any state and national certifications
– Awards that were specific to the job can be added as
well
– The last part of your CV should consist of a
chronological list of every case where you had an
opportunity to testify


Multimedia Presentations
• Most new courthouses have built-in screens,
projectors and computers
• If photos are an important part of your case,
also bring at least 5 x 7 prints


Attorney Conference
• Most prosecuting offices are short of personnel
and all too often short of time to get things done
• The file must be reviewed in its entirety by the
prosecuting attorney
• The conference should cover all aspects
• If this is an important trial, there may even be an
opportunity for a pretrial run through on the
testimony


Discovery
• Opposing counsel should ask for copies of your
report and anything to which you will be
attesting to in court
– As seekers of truth, you know this is not a bad thing
and only fair
• Prosecuting attorney will do the same with the
defense experts, requesting all information that
will be presented


Discovery (cont’d.)
• There may be a request to answer
interrogatories from opposing counsel
– A list of questions that you must answer relating to
the case
– Always let the prosecuting attorney review the
questions
• Any reports, such as the forensic laboratory
report, may be requested along with information
about your expertise


Courtroom Testimony
• Attire
– The first responder investigator is usually an engine
company officer and it may be best for him/her to be
wearing the department dress uniform
• Sends the accurate message that the investigator is a
line officer
– Assigned investigator can make a better impression if
dressed in a suit and tie


Demeanor and Your Testimony
• Process of when and how to testify can change
from state to state
– Example: taking an oath before the jury is seated or
when you approach the witness stand
• Investigator’s demeanor is a critical aspect of
the testimony
• Sequestered means that you will be separated
from the trial and you will not hear what others
say to assure it will not influence your testimony


(cont’d.)
• When taking an oath, stand up straight, place
your right arm out straight and at a right angle
with palm facing forward
– This may be the jury’s first impression of you as a
professional


(cont’d.)
• Go straight to the seat, but if you have not taken
your oath, remain standing
• Sit up straight; if addressed by the judge,
acknowledge him or her
• No matter who asks the questions, always look
at that person while they are asking
• When answering a question, look at the jury and
occasionally at the judge


(cont’d.)
• Show no emotion whatsoever toward the
defendant
• If for any reason, an attorney on either side
should state that they object, say nothing more,
but wait for the judge to decide
• The process should be the prosecuting attorney
asking you a series of questions
– The opposing attorney will then ask you a series of
questions


Public Information Officer
• In many jurisdictions, the PIO may be the fire
investigator
– Larger departments may assign an administrative or
line officer as the PIO
• The PIO prepares written press releases for the
media
• Most of those working as PIOs want to give their
own briefings to the press


Public Information Officer (cont’d.)
• When working with the press, professional
relationships may be forged
– However, the press does not work for the fire
department
• A good PIO is vital to the success of the
department
– The primary and most important role is fire safety for
the public


Summary
• The investigator’s report must contain all facts
pertinent to the case at hand
• Finalizing the report is an opportunity to ensure
that all avenues have been taken to secure all
necessary information
• Your case may culminate in court where you will
testify as an expert witness
• The overall goal of investigating a fire is to
prevent future similar occurrences


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