introduction to the wonderful world of criminal charge screening

Introduction to the Wonderful World of

Criminal Charge Screening

Barbara J. TrathenMarion 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 evidence @ Defendant’s Home/Office

• Phone records• Computer files• Surveillance videos

• Probable Cause Affidavit [email 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

End Result: CHARGES FILED!• 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