The document provides details of a criminal investigation into a drug deal gone wrong that resulted in a murder. It describes the crime scene investigation process, interviews with witnesses, evidence collection, and forensic analysis. The investigation found that Fred Smith shot and killed Raynard Jenkins during a drug deal and chased Bob Marshall while shooting at him, then fled the scene with Bill Jones and Roger Fish.
Beyond the EU: DORA and NIS 2 Directive's Global Impact
Assignment 2 LASA 1 A Drug Deal Gone BadThis assignment aims f.docx
1. Assignment 2: LASA 1: A Drug Deal Gone Bad
This assignment aims for you to evaluate the criminal
investigations process.
Here’s What Happened . . .
Around 12:00 p.m. on September 13, 2004, Fred Smith walked
across the road to Bill Jones's house to ask for a ride. Although
it was almost fall, it was still very hot outside and Smith needed
to pick up money in a neighboring town. Smith didn't want to
walk from Centervale to Roan County, so he offered to pay
Jones $20.00 for gas and his time to drive Smith to pick up his
money. Jones accepted Smith's offer; however, Jones told Smith
that he had to pick up a friend at a car repair shop along the
way. Jones and Smith drove to Thrifty Repair Shop and picked
up Jones's friend, Roger Fish. Fish was not in a hurry that day,
so he agreed to ride with the pair to pick up Smith's money.
The trio arrived at 200 S. Railroad Street, Brysonton, Roan
County, AnyState. Smith exited the car and told Jones and Fish
to wait in the car. As Smith walked toward the front of the
residence, he yelled to the occupants inside, "You got some
weed?" "Yeah," Raynard Jenkins replied from inside the
residence. Jenkins greeted Smith at the door and asked him,
"What you got?" Smith pulled out a Ruger SP101 .357 Magnum
and shot Jenkins in the chest at point-blank range.
As Jenkins was falling toward the ground, Bob Marshall, a local
drug dealer, jumped up from the corner of the couch, dropped a
large bag of cocaine on the floor, and ran into the kitchen and
out the back door. Smith chased Marshall, shot at him twice, but
missed him. Smith ran back to the car and yelled to Jones,
"Punch it! He tried to smoke (kill) me." The group sped away in
a brown Ford Taurus, but were pulled over by Deputy R. W.
Dunn approximately five miles from the scene. After coming to
a complete stop, Jones threw the gun onto the rear floorboard of
the car, next to Fish.
Deputy Dunn approached the car, asked the men to exit the car,
2. and detained them to await another officer's arrival. When the
officer was brought to the location where the men were being
detained, a witness who saw the shooting identified Jones as the
shooter. Smith, Jones, and Fish were arrested, transported to the
Roan County Sheriff's Office for additional questioning, and
booked into jail on first-degree murder charges.
The Investigation . . .
State Bureau of Investigation (SBI) Special Agent (SA) Pete
Moss arrived at the scene at 200 S. Railroad Street, Brysonton,
Roan County, AnyState, with CSI and SBI SA April Pearson at
1:03 p.m. to assist the Sheriff's Office with investigating the
murder of Jenkins and the attempted murder of Marshall. SA
Pearson interviewed key witnesses who lived in the immediate
area within proximity of the crime scene, while SA Moss began
drafting a search warrant. Although the Sheriff's Office had
secured the scene around the house, SA Pearson secured an
additional larger area that extended into the street. Both the
interior and exterior barriers were secured with crime scene
tape. The Sheriff's Office arranged to have the suspects' car
towed to a secure location for processing.
SA Moss completed the search warrant, and Superior Court
Judge Bradley signed it after reviewing it for format, technical
legal aspects, and probable cause. SA Moss returned to the
residence to execute the warrant so SA Pearson could begin to
process the scene. SA Pearson started taking notes when she
started taking photographs. She photographed the scene from
the overall and close-up perspectives. She used a scale (ruler)
with each item of evidence for the second close-up photograph.
She conducted a grid search, placed evidence markers beside
certain items of evidence she thought were important, and
rephotographed those items—close-up and close-up with scale
perspectives this time. She maintained notes about various
aspects of the scene throughout the photographing process. SA
Pearson drew a sketch with every item of evidence in the sketch
and measured everything secured in the immediate barrier. She
did not sketch the second barrier that included the road. She
3. drew several sketches of each room of the house independently.
SA Moss enlisted the help of the Sheriff's Office detectives to
assist with the lead sheet development. Three leads came in. SA
Moss assigned each lead to a detective for follow-up. Detective
Mark Rolland followed up on information about the Jenkins'
family. Detective Erin Norse checked out a lead about Jenkins
talking about killing Smith. Detective John Roberts followed a
lead about Fish selling drugs from the car repair shop. Each
detective interviewed his witness and typed up his notes. They
threw away their notes after they were finished because they
didn't need them anymore and what the witnesses said was in
their typed-up versions now. SA Moss checked off the witnesses
one by one and shredded the lead sheet once all witnesses had
been accounted for.
The investigation revealed that Smith was seen running after
Marshall while shooting at him and that Jones was driving the
getaway car. Numerous witnesses reported hearing several
gunshots before they saw Smith running and shooting at
Marshall. The crime scene evidence appeared to indicate, upon
cursory review, that Jenkins was shot once in the chest in the
doorway of his home. It also appeared that Jenkins was
conscious for a period of time after suffering the gunshot
wound, because SA Pearson observed swipe bloodstain patterns
in the blood near his head. SA Pearson used a gridding method
to map the bloodstain evidence, labeled the stains, and took at
least two swabs from each stain she selected. She photographed
the bloodstain evidence; took notes of the stains she swabbed,
along with specific measurements; and took gel lifts of
particular stains. No projectiles were recovered at the scene or
from the autopsy. No shell casings were recovered at the scene.
SA Pearson also recovered the large, clear plastic bag
containing a white, powdery substance that Marshall dropped on
the floor as he ran from the house. The crime laboratory
recovered Marshall's fingerprints from the plastic bag and
matched them to his Ten-Print Card from a previous arrest.
SA Moss attempted to interview Smith, but Smith asked, "How
4. much time can someone get for something like this?" and then
asked for a lawyer. Agent Moss responded, "A significant
amount of time." Smith laid his head on the table and went to
sleep. Jones and Fish gave the same account of what happened
by claiming that Smith got out of the car and walked up to the
door. Then, they heard several shots, and then Smith ran back to
the car with a gun and said someone tried to "smoke" him. The
trio was booked into the local jail. Jones and Fish posted bail,
but Smith was denied bond.
SA Pearson recovered the Ruger SP101 .357 Magnum from the
rear floorboard the next day, pursuant to a second search
warrant issued for the suspects' car. She noticed a reddish-
brown substance on the barrel of the firearm. SA Pearson placed
the firearm in a plastic bag, sealed it, put the bag in a plastic
tote, and put the tote in her trunk. Then, SA Pearson noticed a
brownish-red substance consistent with the color of blood on
the passenger side door. SA Pearson took two swabs of the stain
using a sterile swab and distilled water. One tested positive for
blood by a presumptive test called phenolphthalein. SA Pearson
allowed the other swab to dry thoroughly and placed it into a
sterile envelope for confirmatory testing and DNA testing at the
crime lab.
Case_04_CRS_054382_Crime_Laboratory_Report.doc
Crime Laboratory Report
From: Jan Turvey, Crime Lab Analyst, Toxicology Section,
Drug Analysis
Item Number
Your Item Number Item Description
Q-1
5. 1
White, powder substance in clear, plastic bag
Requested Test:
Findings: The white, powder substance in the clear, plastic bag,
Item Q-1, your Item #1, tested positive for Cocaine.
I certify these findings are accurate to the best of my
knowledge.
Janice Turvey, Crime Lab Analyst
Case_04_CRS_054382_Evidence_Log.doc
EVIDENCE LOG 1
EVIDENCE LOG
Case Details:
Case Officer: ______________________________
Offense: Homicide/ Attempted Homicide
Classification: __Crime Against Persons
Case Number: 04 CRS 054382
Victim(s): Raynard Jenkins (D), Bob Marshall
Defendant(s): Fred Smith, Bill Jones, and Roger Fish
Evidence Details:
Evidence # 01
Legal Authority:
X_ Search Warrant
6. __Consent
__Other
Recovery Officer: _____Agent April
Pearson________________________________
Date Recovered: ______September 13,
2004________________________________
Time Recovered: ______8:42
pm_________________________________________
Location Recovered: ____Living room floor of 200 South
Railroad St_____________
Victim(s) Name(s): ___Raynard Jenkins (D), Bob,
Marshall___________________________
Owner Name: ___Travis Marshall
_________________________________________
Suspect: ___Fred Smith
_________________________________________________
Property Classification: ____Potential Controlled Substance
_______________
Description: Large, clear, plastic bag of 24 grams of white,
powder substance
Evidence # 02
Legal Authority:
_X_ Search Warrant
__Consent
7. __Other
Recovery Officer: __April
Pearson________________________________________
Date Recovered: __September 13, 2004
____________________________________
Time Recovered: __10:02
pm____________________________________________
Location Recovered: _Main entrance to home, Front porch floor
of 200 Railroad Street,
Blocktown, Any State
Victim(s) Name(s): __Raynard Jenkins
_________________________________________
Owner Name: __Raynard Jenkins
_________________________________________
Suspect: _Fred
Smith________________________________________________
____
Property Classification: __Blood Swab A-1___(Area A
Bloodstain 1)
Description: ___Red stain tested positive with phenolphthalein,
second swab taken for lab test.
Evidence # 03
Legal Authority:
_X_ Search Warrant
__Consent
8. __Other
Recovery Officer: __April
Pearson________________________________________
Date Recovered: __September 13, 2004
____________________________________
Time Recovered: ___10:15
pm___________________________________________
Location Recovered: _Main entrance to home; Front porch door
of 200 Railroad Street, Blocktown, Any State__
Victim(s) Name(s): __Raynard Jenkins
_________________________________________
Owner Name: __Raynard Jenkins
_________________________________________
Suspect: _Fred
Smith________________________________________________
____
Classification: __________Blood Swab B-1___(Area B
Bloodstain 1)
Description: ___ Red stain tested positive with phenolphthalein,
second swab taken for lab test.
Evidence # 04
Legal Authority:
_X_ Search Warrant
__Consent
9. __Other
Recovery Officer: __April
Pearson________________________________________
Date Recovered: __September 13, 2004
____________________________________
Time Recovered: __9:22
pm_____________________________________________
Location Recovered: Victim, Medical Examiner,
Autopsy________________________
Victim(s) Name(s): __Raynard Jenkins
_________________________________________
Owner Name: __Raynard Jenkins
_________________________________________
Suspect: _Fred
Smith________________________________________________
____
Property Classification:
__Clothing_________________________________________
Description: ___Plain, white T-Shirt, Size, X-Large, brand
Hanes
This evidence was recovered by: _April Pearson___________
Evidence # 05
Legal Authority:
_X_ Search Warrant
__Consent
10. __Other
Recovery Officer: __April
Pearson________________________________________
Date Recovered: __September 13, 2004
____________________________________
Time Recovered: __9:37
pm_____________________________________________
Location Recovered: _ Victim, Medical Examiner,
Autopsy________________________
Victim(s) Name(s): __Raynard Jenkins
_________________________________________
Owner Name: __Raynard Jenkins
_________________________________________
Suspect: _Fred
Smith________________________________________________
____
Property Classification:
__Clothing_________________________________________
Description: __Fruit of Loom boxer shorts size Large blue and
green plaid _______
Evidence # 06
Legal Authority:
_X_ Search Warrant
__Consent
__Other
12. Recovery Officer: __April
Pearson________________________________________
Date Recovered: __September 13, 2004
____________________________________
Time Recovered:
__9:17PM____________________________________________
___
Location Recovered: Victim, Medical Examiner, Autopsy; Right
Pocket of Jeans
Victim(s) Name(s): __Raynard Jenkins
_________________________________________
Owner Name: __Raynard Jenkins
_________________________________________
Suspect: _Fred
Smith________________________________________________
____
Property Classification: __USA
Identification_________________________________
Description: Any State Photo ID # 2878648 information
matching Jenkins
Evidence # 08
Legal Authority:
_X_ Search Warrant
__Consent
__Other
Recovery Officer: ____April
Pearson_____________________________
13. Date Recovered: _______September 14,
2004____________________________________
Time Recovered:
________9:03am_______________________________________
_______
Location Recovered: ____Hobbs Road____________________
Victim(s) Name(s): ___Raynard Jenkins; Bob
Marshall________________________
Owner Name: __Bill
Jones________________________________________________
_______
Suspect: ___Fred
Smith________________________________________________
_
Property Classification:
____Vehicle__________________________________________
Description: ____ Brown Ford Taurus Any State Tag
#2KUL4U____
Evidence # 09
14. Legal Authority:
_X_ Search Warrant
__Consent
__Other
Recovery Officer: ____April
Pearson_____________________________
Date Recovered: _______September 14,
2004____________________________________
Time Recovered:
________9:25am_______________________________________
_______
Location Recovered: ____Passenger side door, Brown Ford
Taurus Any State Tag #2KUL4U
Victim(s) Name(s): ___Raynard Jenkins; Bob
Marshall________________________
Owner Name: __Bill
Jones________________________________________________
_______
Suspect: ___Fred
Smith________________________________________________
_
15. Property Classification: ____Swab C-1 (Area C Bloodstain
1)________
Description: ____ Reddish-brown stain on passenger side door.
Evidence # 10
Legal Authority:
_X_ Search Warrant
__Consent
__Other
Recovery Officer: ____April
Pearson_____________________________
Date Recovered: _______September 14,
2004____________________________________
Time Recovered:
________9:56am_______________________________________
_______
Location Recovered: ____Rear Floorboard, Brown Ford Taurus
Any State Tag
#2KUL4U________
Victim(s) Name(s): ___Raynard Jenkins; Bob
Marshall________________________
16. Owner Name: __Bill
Jones________________________________________________
_______
Suspect: ___Fred
Smith________________________________________________
_
Property Classification: Firearm__________
Description: _________Make: Ruger, Model SP101, .357
Magnum Firearm
PAGE
1
Case_04_CRS_054382_Sketch.pdf
Case_04_CRS_054382_Witness_Statements.doc
Witnesses Statements Summaries
OCA: 054382
Victims: Raynard Jenkins and Bob Marshall
Defendants: Fred Smith, Bill Jones, and Roger Fish
Charge: First Degree Murder
________________________________________________
Reggie Bushwick
17. 4413 South Elm Street
Anywhere, USA
455-505-0090
(Can only receive text)
Statement taken by Agent Pete Moss
OCA: 054382
On September 13, 2004 Agent Pete Moss interviewed Reggie
Bushwick at approximately 2:22 pm was visiting his mother,
who has liver cancer. Bushwick stated he just recently got out
of rehab and wanted to come see his mother, because he hasn’t
seen her in three months. Bushwick heard some gunshots and
thought the television was turned up too loud, but the television
was not on. He stated he mother listens to the television loud,
because she is hard of hearing.
Bushwick looked outside and saw Marshall running scared.
Marshal was being chased by a white male with dreads and a
gun; looked like a “.38” He said a white male with dreads is an
odd sight to him. “I knew something was popping off”.
Bushwicked dialed 911 and saw the white male run back to a
brown car and it drove off like a “bat out of hell.”
Bushwick stated he knew Marshall, because he use to buy his
dope from him. He believes Marshall either owed the white
male some money or he cheated him out of some dope.
Bushwick stated he did not have any additional information to
add.
Casey O’Dell
58 Red Wood Forest
18. Apartment 8-F
Anywhere, USA
455-223-0090
Work: Sweet Pea’s Consignment Shop
2089 Ridge Street
Anywhere, USA
Statement taken by Agent Pete Moss
On September 13, 2004 Agent Pete Moss interviewed Casey
O’Dell at Jackie Massey’s house, at approximately 3:17 pm.
O’Dell stated she is house sitting for Massey while she is out of
town. She was off of work today and decided to watch some
television.
O’Dell stated she was watching the Maury Povich show and
eating a cream filled doughnut when she heard some gun shots.
O’Dell stated “That isn’t anything unusual in this
neighborhood.” She stated, “There are all types of misbehaving
going on out here.” She didn’t think anything about it until she
heard two more gunshots that were real close. She got up from
the couch and walked over to the window and looked outside.
She heard the car door slam and a brown car speed off towards
the corner store. She did not see who was driving, because the
big oak tree was in here way. She has never seen that car
before in the area, not that she can remember.
O’Dell stated he did not have any additional information to add.
Beatrice Conner
212 S. Railroad Street
19. Anywhere, USA
455-872-7882
Retired
Statement taken by Agent Pete Moss
On September 13, 2004 Agent Pete Moss interviewed Beatrice
Conner at her home at approximately 4:22 pm. Conner stated
she was coming from the grocery store and tried to park in her
driveway, because there was a brown car blocking it. She had
to stop for a white male, with “weird hair.” Conner stated it
looked like his hair was matted together.
She asked the driver, a white male, to move his car in a nice
way. He apologized and moved the car up the street in front of
Jackie Massey’s house. Conner drove down the street to turn
around to turn in her drive way. After she turned around, she
heard several gunshots and the white male running across the
street and get into the brown car and drove off.
She pulled into the driveway and took her groceries into the
house. A short time later she heard a scream. Conner went
outside and looked toward where she heard the scream and saw
Ginger Sparks in the Jenkins’ doorway. Conner walked over to
Sparks to see what was going on and saw Jenkins on the floor
with blood all over the place. She ran back home and called
911 and told them that Jenkins was dead and a brown car race
out of there with a two white males and one had “weird hair that
was matted together.”
Conner stated that she has never seen that white male with
“weird hair” before, but Jenkins had all types of people in and
out of his house.
Conner stated he did not have any additional information to add.
Ginger Sparks
20. Streets of Blocktown
Unemployed
On September 13, 2004 Agent Pete Moss interviewed Ginger
Sparks in the 300 block of Railroad Street on the sidewalk at
approximately 5:30 pm.
Note: At the time of the interview Sparks had consumed several
shots of Tequila.
Sparks stated she was fine to speak with Agent Moss even
though she had a few drinks.
Sparks stated she went to Jenkins’ house to party. She knew he,
Jenkins, always had something to party with. Agent Moss asked
what she meant by partying with? She stated alcohol and or
drugs specifically crack.
When she walking to Jenkins house she heard several gunshots,
but nothing out of the ordinary for this part of town. When she
was crossing the street at the store, she had to jump back on the
sidewalk because a brown car almost hit her. She yelled several
curse words at them as they drove away and continue towards
Jenkins’ residence. When she walked up to Jenkins’ door she
saw him shot laying in a pool of blood; dead.
She does not know who wanted to kill Jenkins. He had a heart
of gold. Sparks stated the lady down the street came over and
called 911. Sparks stated she ran down the street to Reggie
Bushwick’s mother’s house and had several shot of Tequila to
calm her nerves.
Sparks stated he did not have any additional information to add.
Discovery_Certification_Form.doc
21. Law Enforcement Officer (LEO) Discovery Certification Form
Defendant(s):_________________________________________
_________________________________________
Case Number(s):
(Example 06CRS05293 [06 is the year; CRS is Superior
Criminal Court; then the case number)
____CRS____________ ____CRS____________
____CRS____________
The undersigned law enforcement officer does hereby certify
that he or she has complied with the provisions of A.S.G.S.
Section 11.11a by delivering to the State all materials and
information acquired in the course of the felony investigation(s)
resulting in the charge(s) for the file number(s) listed above. I
understand that this responsibility is a continuing affirmative
duty. Pursuant this duty, I have delivered the following
materials and information to the District Attorney’s Office for
the Prosecutorial District 5:
Documents totaling____________pages. (Stamped by LEO?
____yes ____no)
Included in these documents are:
______photographs _____photograph contact sheets
_____video tapes ______audio tapes _____CD with digital
photos
Officer Name:_____________________ Officer Signature:
_________________________Date:_________
Assistant District Attorney Discovery Certification
22. Defendant(s) Attorney
is/are________________________________________________
_____________________
The undersigned assistant district attorney does hereby certify
that he or she has complied with the provisions of A.S.G.S.
Section 11.11a, 11.11b, and 11.11c by delivering to the
defendant or the defendant’s attorney the following materials
and information:
Documents totaling________pages. (Stamped by LEO?
____yes____no)
Included in these documents are:
____photographs
_____photograph contact sheets
____video tapes
____audio tapes
_____CD with digital photos
This certification puts the listed counsel on notice that the
prosecutor’s file is available for inspection upon request and
that if any pages are missing from the listed discovery item
numbers above the attorney should notify the District
Attorney’s Office in writing within 5 days. Otherwise the
material will be deemed received.
Pursuant to 11.11c, the undersigned assistant district attorney
hereby gives notice that ex parte orders regarding the denial,
restriction or deferral of discovery were entered on the
following dates:
Discovery listed in this document provided by being:
23. Placed in Attorney’s Box in Clerk’s Office
Placed in the U.S. Mail
Hand delivered to Attorney
ADA Name: __________________________ADA Signature:
_______________________________ Date: ______
Office of the District Attorney 5 Prosecutorial District
Revised 3/18/2011 L.G.P.
Law_Enforcement_Case_Summary.docLAW ENFORCEMENT
CASE SUMMARY
Defendant: _______________________________ Officer(s):
________________________________
Co-Defendant(s):
_____________________________________________________
________________
Offense Date: _________________________ Offense
Location: ______________________________
Summary:____________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
25. ( Fingerprints
· Scene
( DNA
· Other ________
( Ballistics
Search:
( Warrant ( Consent Documents:
( Checks
Rape Kit:
( Yes ( No
( Victim Meds
26. Suspect Kit:
( Yes ( No
( Def. Meds
Drugs Seized: ______________________
( Phone Records
__________________________________
( Bank Records
__________________________________
( Other ________________
Other Evidence:
_____________________________________________________
________________
Officer Recommendation:
_____________________________________________________
_________
27. Law_Enforcement_Case_Summary_Instructions.doc
Law Enforcement Case Summary
Defendant
· Give defendant’s full name (first, middle and last)
· List the most culpable defendant as the defendant
Co-Defendants
· List all the co-defendants full names (first, middle and last)
· If no co-defendants, write “none”
Offenses
· List all offenses charged
· Do not have to repeat or list charges under each defendant
Offense Date/Time
· Yes, the judge really wants to know this information on
occasion
· If child rape or sex offense, can list date range
Location
· Where in Anson County did this crime occur?
· If the crime did not occur in Anson County, you should not be
charging it
· At least one element of the offense has to occur in Anson
28. County
Investigating Officers
· List yourself
· List any other officer, SBI Agent, Trooper, etc. who assisted
you or collected evidence
Case Summary
· Tell me why you stopped the defendant’s vehicle (reasonable
articulable suspicion)
· Describe how the defendant looked and tell me what the
defendant and any codefendants said before you placed them
under arrest
· Tell me why you searched the defendant’s vehicle (probable
cause, incident to arrest, inventory of vehicle, etc.)
· Tell me what gave you probable cause to obtain a search
warrant and how you executed it
· Tell me what the defendant and co-defendants did during the
execution of the search warrant
· Tell me about any warrantless searches
· Tell me what gave you probable cause to place the defendant
under arrest
· Tell me any spontaneous statements made by the defendant
· Tell me whether you read the defendant his or her Miranda
Rights after placing the defendant in custody
29. · Tell me whether the defendant waived Miranda Rights and
what he or she told you after waiving rights
· Tell me what the victim told you
· Tell me what any eyewitnesses told you
· Tell me whether you conducted a photographic lineup or a
show up
· Describe the crime scene to me
· Tell me about any relevant evidence you found at the crime
scene
· Tell me whether you know the approximate amount of
damages sustained by the victim
· Tell me anything you think is unusual about the case
· Tell me anything you saw or heard that may negate the
defendant’s guilt
Revised 01/28/2009
List_of_Involvement.xlsx
Witness ListList of WitnessesLast NameFirst
NameAgencyAddressHome PhoneCell
PhonePearsonAprilSBI800 Briar Road, Cliff, Any
StateN/A(505) 555-3355
List of InvolvementList of InvolvementNameAgency (If
applicable)How is this witness involved in the caseDateL. G.
MooreRCSOReceived 911 Call; Dispatched Deputy R.W. Dunn
to scene.9/13/00R.W. DunnRCSODispatched to scene; pulled
30. over and arrested Smith, Jones, and Fish. 9/13/00
Evidence ListEvidence ListState's Evidence #SBI Item #Lab
Item #ItemSource - Where did it come from? Chain of
Custody11Q-1Potential Controlled Substance - Identified by
Crime Lab (Q-1) as being Cocaine.Found by Pearson on Living
room floor of 200 South Railroad St in the crime scene. See
sketch.Special Agent April Pearson 9/13/04 to Lab Analyst Jan
Turvey 9/12/2004 to Detective Mike Manson 4/9/2005 and is
now stored in the BPD Vault2345678910
1
2
3
4
5
6
A
B
List of Involvement
Name
Agency (If applicable)
L. G. Moore
RCSO
R.W. Dunn
RCSO
District_5_Felony_Discovery_Policy.doc
District 5 Felony Discovery Policy
Instructions for CJA325 LASA2 Discovery Policy:
1.
Law Enforcement Officer (Student) will stamp ENTIRE
ORIGINAL LEO FILE with
Bates Stamp numbers. You do not need to purchase a Bates
Stamp. You can use your
31. computer.
2.
Here’s how it works, each agency has its own set of numbers:
District Attorney’s (DA) Numbers
000001-009999
State Bureau of Investigation (SBI) Numbers
010000-019999
Roan County Sheriff’s Office (RCSO) Numbers
020000-029999
Blocktown Police Department (BPD) Numbers
030000-039999
3.
If LEO/Student does not have Bates Stamp, LEO/Student should
open each document in Microsoft word and create headers
where a number can be inserted into the top, right hand corner
of each page. For PDF Documents, please open in Adobe and
insert Headers creating a page number in the top, right hand
corner. Here is the link to the Adobe Tutorial
http://helpx.adobe.com/acrobat/using/add-headers-footers-
pdfs.html
If you do not have either, please hand write the numbers neatly
in blue or black ink, scan the entire document so the numbers
can be seen into a .pdf file.
32. Discovery Certification: LEO/Student will fill out a LEO
Discovery Certification Form, stamp or assign a number to it for
the original LEO/Student file and make a copy for the DA.
LEO will give the LEO Discovery Certification to DA as part of
discovery when coming to meet with DA for cases going to
Grand Jury. (Hint: Use LEO Discovery Certification to keep
track of what your last stamp number was in the event you get
more documents while the case is pending.)
_____________________________________________________
_______________________
***Not Required for CJA325 LASA2, but be aware of the
following for Real-World Application:
4.
For photos, DO NOT STAMP THE FRONT! Put a blank, self-
adhesive label on back of photo. Bates Stamp the label.
(Students do are not required to do this for CJA325 LASA2, but
please be aware this is appropriate for real world work).
5.
Once an item is stamped, DO NOT UNDER ANY
CIRCUMSTANCES ADD ANY INFORMATION TO IT.
6.
LEO will give DA TWO copies of entire LEO file FOR EACH
DEFENDANT CHARGED. (i.e. 1 defendant = 2 copies, 2
defendants = 4 copies, 3 defendants = 6 copies, etc.)
7.
DA will fill out ADA Discovery Certification, will deliver
discovery and will serve a Request for Reciprocal Discovery on
the defendant or the defendant’s attorney. (Serve by regular
mail or personal service.)
33. Case Summary: LEO still fills out LEO Case Summary (Blue
Sheet for DA). However LEO must now stamp LEO Case
Summary, keep the original and give DA a copy.
Defendant with Several Charges from Different Officers within
One Agency: LEO will stamp as usual, then give copies to DA.
If the numbers stamped are identical, DA will note on each page
which set of discovery belongs to each officer. (Stamp ‘em all;
let the DA sort ‘em out.)
Discovery of Physical Items of Evidence
DA will contact LEO regarding defendant or attorney viewing
items of physical evidence maintained by LEO or evidence
custodian. When opening a bag or box containing an item of
physical evidence, LEO must cut bag or box along a new seam.
LEO must not cut existing evidence seal.
Confidential Informants: If a Confidential Informant was used
to obtain information in the investigation of a felony, the LEO
must give the DA written notice of that fact and must stamp that
notice as part of the original LEO file. The written notice
should not contain any identifying information but should
merely state that a confidential informant was used to obtain
information. (Example: A confidential informant was used to
obtain information that served as a basis for obtaining a search
warrant in this case. Example: A confidential informant was
used to obtain information regarding defendant’s whereabouts
that led to an arrest in this case.)
Office of the District Attorney
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5th Prosecutorial District