Handling a Case (Continued from page 18)
apparent that the case is a good one. But more often than not you will need to conduct an investigation and engage in a careful sifting of the facts before making the call (not all of us can have a video tape of the client’s encounter with the police). After you have conducted your investigation, you should have an abiding belief in the strength of your case, a feeling that justice compels a judgment in your client’s favor. If you have doubts, you’re better off rejecting the case. Once you have decided to take the
case, you must spend sufficient time with the client to get all the facts. Speak with the witnesses right away and have their statements reduced to writing or other- wise recorded. Visit and photograph the scene and canvass the area for potential witnesses. Gather police records through requests under Maryland’s freedom of in- formation statute,4
which will usually give
you access to most of the relevant police records, including police reports, witness statements, tapes of police and fire board communications, ambulance reports, and hospital records. These should be reviewed with the client before any suit is filed.
4
Md. Code, State Govt. Article, § 10-611, et seq.
In a case of excessive force, photographs
and, if there are broken bones, x-rays, are essential to proving the case. Photographs must be taken immediately. The old say- ing, “A picture is worth a thousand words,” is never truer than in a case of excessive force. In one case, photographs literally made the case. A SWAT team entered an apartment to arrest a man named Jeffrey Gilbert, for whom the police had an arrest warrant for the murder of a police officer. Gilbert did not know he was wanted for the crime. (As it turned out, he was in- nocent of the charge. As we eventually learned, the police charged Gilbert on the basis of an incredibly shoddy investiga- tion and a rush to judgment.) During a briefing before the raid, the SWAT team was shown photographs of the dead of- ficer, whose body was riddled with bullet holes. After the SWAT team entered the apartment in the dead of night, they brutally beat Gilbert. It was so bad that Gilbert was knocked unconscious, had to be hospitalized, and homicide detectives could not question him. The next day Gilbert’s mother retained my partner to defend Gilbert in the criminal case. He immediately sent another lawyer and an investigator to the hospital to take photo- graphs and interview Gilbert. With some luck, the deputy sheriff who was stationed at Gilbert’s bedside allowed photographs to be taken. (The guard was appalled by Gilbert’s condition.) The photographs
graphically displayed a very badly beaten man. The victim had welts, contusions and cuts all over his body and head, in- cluding visible boot prints on his back and stomach. There was marked soft tissue swelling of the scalp and face from mul- tiple blows to the head. The client had a few broken bones in the face and an in- tra-cranial bleed. Within days, the actual killer was identified in dramatic fashion. After killing a FBI agent who was a part of a stake out to arrest the man, the actual killer was shot and killed by the police in a shoot out. Found on the killer was the gun which he had used to kill the officer. Photographs of Gilbert were supplied to the newspaper and media, who requested them. By the time that Gilbert was ex- onerated and the civil suit was brought, the outwards signs of Gilbert’s injury had disappeared. But graphic photographs of Gilbert’s injuries made the claim of excessive force virtually indisputable and demonstrated that Gilbert was entitled to significant compensatory damages. Ultimately, the case settled favorably. When the lawsuit is ready to be filed,
the lawyer will need to know the legal claims which will maximize the chances of recovery. Both state and federal law pro- vide suitable remedies. However, there are crucial differences which must be studied. In some cases you may want to consider
(Continued on page 22)
Structured Settlements
For Your Client’s Financial Security Introduce Them to Someone With
• Integrity and Trustworthiness
• 20+ Years of Experience in Maryland • Quality and Knowledge Exceeding Expectations
Gary Blankenship 20 1-800-284-4650 Trial Reporter Tom Dolny Winter 2007
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