Introduction to the Wonderful World of Criminal Charge Screening Barbara J. Trathen Marion County Prosecutors Office November 29, 2011.

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Presentation transcript:

Introduction to the Wonderful World of Criminal Charge Screening Barbara J. Trathen Marion County Prosecutors Office November 29, 2011

JURISDICTION ISSUES Proper venue Sufficient nexus between county and offense Concurrent jurisdiction Continuity of events “If the defendant directs acts into a county, venue is proper in that county.” Baugh v. State

INVESTIGATION Witness interviews Civilians / Taped Statements Officials / Reports Records COMPLETE case worker file (FSSA) Phone records Custody of originals Keeper of records Summary Chart Spreadsheets

INVESTIGATION (cont’d) Search Warrants Secure Defendant’s Home/Office Phone records Computer files Surveillance videos Probable Cause Affidavit [ early]

SUSPECT INTERVIEWS Non-custodial Rule 617 does NOT apply Custodial Rule 617 DOES apply Video recording REQUIRED

RULE 617(a): Unrecorded Statements During Custodial Interrogation “In a felony criminal prosecution, evidence of a statement made by a person during a custodial interrogation in a place of detention shall not be admitted against the person unless an electronic recording of the statement was made, preserved, and is available at trial, except upon clear and convincing proof of any one of the following…”

SELECTION OF CHARGES Determination/most serious offense Variety of charges Number of counts Plea Agreement discussions End result????

WITNESS CONTACT Background qualifications Evidentiary outline Discover all reports [Digital is preferred] Preparation of JUSTIS sheet Prosecutor interview – screening Courtroom preparation

WITNESS CONTACT (cont’d) Depositions Meet with trial prosecutor Review documents Attorney meetings

Edward Grady: 15 charges 1 CBI, 13 Theft, 1 Official Misconduct Donald Hickey: 9 charges 1 CBI, 6 Theft, 2 Official Misconduct Janell Athalone-Afrika 1 Welfare Fraud, 7 Forgery Amanda Jenkins 4 Welfare Fraud, 1 Theft

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