Finding the witnesses the official report left out.

Why independent witnesses decide cases

Civil rights cases frequently turn on a contest between the account of an officer and the account of the person who was arrested, searched, or injured. Courts and juries give great weight to a witness with no stake in the outcome. One independent witness who saw what happened can be the difference between a case that is dismissed and a case that reaches a jury.

Finding them

Witnesses are found by canvassing: knocking on doors near the scene, speaking with employees of nearby businesses, and returning at the same hour and on the same day of the week the incident occurred. People who have moved, changed telephone numbers, or been released from custody are located through records research. Other detainees, who are often the only witnesses to what happens inside a jail, are identified through booking and housing records.

Interviewing them properly

A useful interview lets the witness tell what they saw in their own words, without being led. Interviews are recorded where the law and the witness allow, and the important points are reduced to a written statement or declaration that the witness reviews and signs. The interview also establishes how the witness was able to see and hear what they describe.

Why timing matters

Memory fades and people move away. A statement taken in the weeks after an incident carries more weight than one taken years later, and it preserves the witness's account if they later become unavailable or reluctant.