The Common Cold Call

A competent criminal defense investigator does not make appointments. Meaning: We don't call witnesses up on the telephone prior to just showing up on their doorstep. I have found that the higher up the socioeconomic ladder, the more people have a problem with "cold calls" as a violation of their privacy. I have been accused of being rude numerous times in Beverly Hills and Palo Alto, but rarely do I have that accusation thrown at me in South Central or East Palo Alto. Generally, people in lower socioeconomic areas have more of an understanding and respect for our jobs as criminal defense investigators. Hey, the police don't call before they come either.

Here's some reasons why cold calls are crucial to criminal defense work:

1) People are flakes. The number of times I have made an appointment with a witness ahead of time, is roughly equal to the number of times I have been stood up when I arrive at their home. Yes, there are exceptional folks who keep their word to the hardworking criminal defense investigator, BUT, they're the minority and time is a precious commodity when you have a full case load.

2) People don't want to be bothered. Never mind that your client describes a particular witness as friendly. Even if they're friendly, people generally don't like dealing with legal stuff. Once your client is behind bars, it's depressing how scarce his or her "friends" become -- even when your client has a righteous case.

3) Dysfunctional people don't do lunch. Criminal defense investigators often interview people who live on the margins of society. We have a hard enough time finding them because they don't own property, nor do they put in a change of address with the post office when they move. Often they are unable to keep a steady job, so why would we expect them to keep an appointment with us? When someone's address is the second cardboard box past the freeway onramp, well you're hardly going to be able to get them on the horn to schedule a playdate.

4) People have a harder time saying "no" in person than on the phone. The Fuller Brush Company has known this for years. Defense investigators fight an uphill battle in getting people to talk to us at all. Most folks are prosecution oriented, even if they don't realize it. They pick up their views of the system from TV and books, most of which portray the defense attorneys we work for as slimey and downright evil. People generally think there is something wrong about talking to the defense. Your average Joe doesn't realize that our criminal justice system only works if there are a series of checks and safeguards in place. I am not going out to their home to dupe them into saying something to help the defense's case. I am going there to get an accurate statement about their observations while they are in the comfort, security and neutrality of their own home. Sometimes what they have to say is exactly what's on the police report. Sometimes it is quite different. Most of the time, it's somewhere in between.

But I will never know until I talk to the witness, since not every witness can or needs to be brought into court, and not every question gets asked on the stand.

The proof is in the pudding: when people are approached in person, the overwhelming majority talk. Some are genuinely appreciative that you cared enough to come out in person to see them, especially if other court personnel are not returning their calls.