The document discusses the process of developing a final report after a fire investigation and preparing to testify in court. It describes including all hypotheses, facts, and the investigator's conclusions in the final report. It also discusses preparing for court by meeting with attorneys, providing discovery documents, and maintaining a professional demeanor while testifying. The role of a public information officer to inform the public about fire investigations is also outlined.

1. The Final Report, Testifying
in Court, and PIO
Chapter 23
© 2009 Delmar, Cengage Learning

2. 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
© 2009 Delmar, Cengage Learning

3. 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
© 2009 Delmar, Cengage Learning

4. 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
© 2009 Delmar, Cengage Learning

5. 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
© 2009 Delmar, Cengage Learning

6. 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
© 2009 Delmar, Cengage Learning

7. 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
© 2009 Delmar, Cengage Learning

8. 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
© 2009 Delmar, Cengage Learning

9. 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
© 2009 Delmar, Cengage Learning

10. 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
© 2009 Delmar, Cengage Learning

11. 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
© 2009 Delmar, Cengage Learning

12. 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
© 2009 Delmar, Cengage Learning

13. 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
© 2009 Delmar, Cengage Learning

14. 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
© 2009 Delmar, Cengage Learning

15. 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
© 2009 Delmar, Cengage Learning

16. 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
© 2009 Delmar, Cengage Learning

17. 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
© 2009 Delmar, Cengage Learning

18. 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
© 2009 Delmar, Cengage Learning

19. 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
© 2009 Delmar, Cengage Learning

20. Demeanor and 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
© 2009 Delmar, Cengage Learning

21. Demeanor and Your Testimony
(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
© 2009 Delmar, Cengage Learning

22. Demeanor and Your Testimony
(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
© 2009 Delmar, Cengage Learning

23. 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
© 2009 Delmar, Cengage Learning

24. 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
© 2009 Delmar, Cengage Learning

25. 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
© 2009 Delmar, Cengage Learning