A defendant always has the presumption of innocence, and the prosecution always carries the burden of proving their case “beyond a reasonable doubt”. The burden is high because the stakes are as well. In a murder conviction, the defendant could lose their freedom for the remainder of their natural life. So, the preparation work leading up to a trial is enormous and needs to be on point.

In this week’s episode Jordan and Bill discuss the process leading up to a trial, beginning with the thoroughness and required documentation of every step of the investigation. They speak about the presentment of evidence to the Grand Jury and the criminal indictments and the move to Superior Court. They address the mandatory exchange of an often enormous amount of discovery materials between the prosecutor and the defense counsel and how that information becomes the basis of trial motions and hearings that determine what evidence and information will be allowed during the trial.

The murder case against Michael McDermott, while seemingly iron-clad, takes a turn when the defense advises the trial judge they intend to pursue the affirmative defense of Insanity. Now the prosecution must not only prove the murder charges against McDermott but also defend against the claim that he was “substantially unable to appreciate the criminality or wrongfulness of his conduct” and/or that he was “substantially unable to conform his conduct to the requirements of the law”.

We continue our review of the mass murder in Wakefield and focus on the importance of protecting the crime scene in the original condition, preserving it from additional contamination, before documenting and meticulously collecting all of the evidence for additional testing at the crime lab and beyond.

Bill addresses the strict judicial interpretations of the 4th Amendment regarding search and seizure, and he explains when, where and why a search warrant is required. He also mentions the limited exceptions to the requirement and how they factored into their decisions in this case. The process is tedious but necessary if the prosecution wants to later admit their findings at a trial.

We close with information about what was seized in the searches and how the information assisted in determining the next steps of the investigation.

Every death investigation presents unforeseen and unpredictable issues and complications. Each requires immediate, but considered decision making to restore order and safety, preserve the crime scene(s), summon the needed practitioners to assist, all the while keeping out those folks that aren’t central to the investigation. Only then can the next steps be determined and prioritized to move the investigation forward.

In this episode we return to the scene of the mass murder in Wakefield MA on 12/26/2000. Jordan and Bill discuss the difficulties of managing a large-scale investigation made more complicated by environmental and logistical issues that resulted in heartbreaking and less than optimum results.

The topic of crisis leadership is also examined as Bill speaks to the extraordinary personal and professional response to the tragedy by the executive team at Edgewater Technology. It is a story of care and compassion that should serve as a benchmark for all businesses to follow.