Tuesday, February 9, 2010

"COMPULSORY PROCESS FOR OBTAINING WITNESSES IN HIS FAVOR"

The Sixth Amendment guarantees more than "a speedy and public trial. . ." It also provides for a process for obtaining witnesses.

Many times this right is conveniently forgotten by those who swear an oath to "protect and defend the Constitution" - cops and prosecutors.

Interviewing witnesses is about establising the truth. Who pays for this effort (the government or the accused) is inconsequential. The process is the same. It also is quite simple.

You contact someone, confirm their identity and ask:
1. What did you see?
2. What did you hear?
3. What were you told?
4. How certain are you?

Since retiring and crossing "to the dark side," I have been critized by former colleagues and taken before the Court for "soliciting" witnesses. When the truth was told, the Court confirmed my efforts were proper and the allegations were false.

The Constitution protects EVERYONE. During my police career, I "protected and defended" all whom I dealt with; victim and suspect alike. Since retiring, nothing has changed.