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Criminal Defense Teams Must Leave No Stone UnturnedIndianapolis Private Investigator, Lauth Investigations can assist with Criminal Defense investigations process., July 15, 2011 NEW YORK - A 32-year-old housekeeper at a posh New York hotel has accused Dominique Strauss-Kahn, a wealthy French politician, of rape. If convicted, the average sentence handed down for rape in the Unites States is 11.5 years. In some countries the sentence for rape is death. The young woman from Guinea claims Kahn forced her to perform oral sex when she used her electronic key card to enter and clean the luxury suite. Neither individual deny a sexual encounter took place, however statements and circumstantial evidence already public could lead one to conclude there may be significant doubt as to the true motivations of the accuser. Strauss-Kahn was arrested at Kennedy International Airport on an Air France plane minutes before his scheduled departure to Paris. As with any serious criminal allegation, even prior to trial, the accused is often the subject of public ridicule resulting in damaged reputation, loss of friends and family support, and even loss of career. As with Strauss-Kahn, since being accused of rape, though adamantly denying allegations, he has already resigned as Chief of the Inner Monetary Fund (IMF). It is said that his chances of running in the French presidential election in 2012 is over before it started. Often times, one accused of a serious crime is paraded in mass media and tried publicly before a jury makes a decision as to the individual’s guilt or innocence. It’s not always innocent until proven guilty . . . for someone falsely accused they are guilty and must prove their innocence. A 2010 Violence Against Women report indicates a false allegation rate of approximately 5.9%. According to USA Today reporter, Kevin Johnson, "no other major category of crime - not murder, assault or robbery - has generated a more serious challenge of the credibility of national crime statistics than rape.” When a person’s freedom is at stake, one must think of all possibilities and question the motivations of all parties involved, both the lives accuser and the accused must be subject of close scrutiny. The objective is not to further traumatize a potential victim but to enable the jury to make a fair decision based on the evidence presented, the testimony presented, the scientific information presented and the rules provided to guide them. When a person’s guilt or innocence is at stake preparation is critical to a strong defense. Take into consideration that the young woman who has accused Strauss-Kahn of rape used her electronic key to access Strauss-Kahn’s room, then twenty minutes later used the same electronic key to access another room before returning to Strauss-Kahn’s room. Strauss-Kahn had checked out by the time the young housekeeper returned but one must question why she didn’t call 911 or immediately report the alleged crime to her supervisor . . . and why would she go back and chance another altercation with the man she accused of rape? Also, a recorded conversation between the young woman and a male inmate friend reveals the young woman appearing to reference the incident with Strauss-Kahn, stating “he is rich and I know what I’m doing.” Meanwhile, after the alleged rape, Strauss-Kahn checks out of the hotel, has lunch with his daughter and even calls the hotel to inform them that he lost his cell phone telling hotel staff he was at the airport. One must also ask if one committed a crime does it make sense that they would later call the scene of the crime to let them know where they are? Every move the accuser and accused made following the alleged incident must be taken into consideration when preparing an aggressive defense. A thorough background investigation of both is also necessary and the defense team’s investigation must be as thorough as the prosecution’s. Defense attorneys must be diligent in their investigation in order to find exculpatory evidence
to help clear the accused of the crime. Criminal defense investigations require specialized
knowledge, skill and experience in order to prepare a defense strategy. Experienced defense
attorneys have said one should never be placed in the position of investigating and representing
their client at the same time and never place themselves in the position of ever being
cross-examined by the prosecution. Licensed private investigators are a critical asset to the
preparation of a case and hired to assist defense teams to bring crucial evidence to light and
locate additional potential defense witnesses. After first obtaining a copy of the police report
from the alleged criminal incident, a defense team can hire a private investigator to help locate
additional witnesses, perform background history, financial checks and search for similar incidents,
any infractions and previous interactions with law enforcement, anything that may offer additional
credibility to the accused or discredit one making suspected false allegations. A private
investigator looks for holes in the existing body of evidence, verbal or written communications
and inconsistencies in evidence to include examination of the crime scene, interviewing witnesses,
and conducting an extensive exploration and analysis of information. Private investigation
conducted by qualified private investigators becomes a critical component to building an effective
defense strategy allowing the defense team to focus on court strategies and procedures. A thorough
and aggressive discovery process utilizing private investigators greatly improves chances of a
favorable outcome in a criminal defense case and their contributions to a case invaluable. Simply,
when lives are in the balance, no stone should be left unturned and attorneys owe due diligence to
all involved in the case. Please contact Indianapolis Private Investigator, Thomas Lauth, for any investigations needed at 800.889.3463 or visit www.lauthinvestigations.com |
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