Expert Testimony in an Arson Case**
excerpted from "Motive, Means, and Opportunity, A Guide
to Fire Investigation."
American Re-Insurance Company, Claims Division, 1996.
Table of Contents
Expert Testimony Basics
Expert testimony is the cornerstone of an arson case. It establishes
the Corpus Delicti of arson and serves as the framework for all other evidence
in the trial. It is the objective of every fire investigator to be qualified
as an expert witness and testify at trial. It means the investigator has
been recognized as a qualified fire investigator who has the experience,
training and education to determine the cause and origin of a fire. It also
means the investigator has done his homework in this case and has put together
enough evidence to get into court. The final step in the investigative process
is the presentation of expert testimony at trial, which will establish the
cause of the fire. Expert testimony is not just important to an arson case,
it is essential. One of the unique aspects of arson cases is that they always
require expert testimony at trial.
More than any other witness, the fire investigator as expert witness
has the ability to single-handedly influence the outcome of an arson trial
by his or her testimony. Successfully presenting expert testimony is a challenge
to the fire investigator. It requires thorough preparation and careful presentation
at trial. The true measure of an expert fire investigator is more than the
technical skill and experience in the field, which enable the investigator
to determine a fire's cause and origin. The ability to effectively and convincingly
testify at trial is the true measure of an "expert" witness.
1. The Expert Defined
The concept of an "Expert Witness" has a special legal significance.
The definition of an expert witness is found in the rules of evidence. The
Florida Evidence Code (Florida Statute: 90,702) and the Federal Rules of
Evidence (Rule 702) are nearly identical and provide:
If scientific, technical, or other specialized knowledge will assist
the trier of fact to understand the evidence or to determine a fact in issue,
a witness qualified as an expert by knowledge, skill, experience, training,
or education may testify thereto in the form of an opinion or otherwise
(Rule 702, Federal Rules of Evidence)
There are two prerequisites for the admissibility of expert testimony
at trial. First, the witness must be qualified by virtue of knowledge, skill,
experience, training or education in the field. Second, the subject of the
expert's testimony must be something outside of the knowledge and understanding
of ordinary persons such as jurors, so that the testimony will help the
jury better understand the evidence and determine the facts to be decided
at trial.
The term "Expert Witness" is somewhat misleading. Qualification
as an expert witness by the court does not mean the witness is an infallible
source/authority in the field of fire investigation nor is this required
to be qualified. All that is required of the witness is a showing of some
special knowledge or understanding of the field, which the ordinary person
does not possess. The means by which an expert witness has acquired the
special knowledge or understanding of the field can vary. It does not require
a "diploma" in expert testimony nor any formalized training and
education. In practical effect, formal education is much less important
than actual experience in the investigation of fires.
2. Deposition Testimony
Trial testimony of an expert witness in an arson case is generally regarded
to be the most important part of the case. Cases are won or lost based upon
the testimony of the expert at trial. While that may be true, the success
or failure of an expert's testimony may be determined long before trial.
A poor performance at deposition can have a devastating impact upon a case.
An understanding of the importance of deposition testimony is an essential
part of the game plan in litigating arson cases.
a. The Availability of Discovery Depositions in Arson Cases
At one time, discovery depositions were not readily available in certain
arson cases. The federal rules of civil procedure previously restricted
the availability of expert witness depositions and required a court order
for a deposition to be taken. However, the federal rules of civil procedure
were amended in 1993 to not only permit the depositions of expert witnesses,
but require the disclosure of the expert's report with a full statement
of all opinions and the basis for those opinions, the information considered
in reaching the opinions, any exhibits or tangible evidence to be used by
the expert in support of his opinion, a qualifications list for the expert
with all publications authored by the expert in the prior ten years, a disclosure
of the fees charged for the analysis and testimony in the case, plus a listing
of all other cases where the witness has testified as an expert at trial
or in deposition within the prior four years. All of this is required to
be disclosed without even being requested by the other side. If the expert
has not prepared a written report reflecting his analysis and findings in
the case, he will be required to prepare one to be given to the other side.
This information is required to be disclosed prior to the time of the expert's
deposition. Thus, when the expert's deposition is conducted in the case,
the other side will have already been provided virtually everything from
his file and all of his findings, along with a personal history of his involvement
in other cases as an expert. When it is time to appear for the deposition,
all of the cards will be on the table.
The federal rules of civil procedure have changed form the most restrictive
disclosure of an expert's conclusions and testimony to the most expansive.
Some states have long permitted complete discovery of an expert's opinions
and testimony through discovery depositions. As to the Federal Rules of
Criminal Procedure, the taking of expert witness depositions requires a
court order, but is generally available. Whether the case is civil or criminal,
state or federal, an expert witness in an arson case will almost certainly
be required to appear for deposition. The only possible exception is when
an expert witness has been retained in the case, but will not be testifying
at trial. The deposition of such an expert witness can only be taken in
federal court or state court upon a showing of "Exceptional Circumstances"
requiring a court order. Moreover, the expert will be entitled to be paid
a reasonable fee for his deposition testimony.
Being required to appear for a deposition is more than a possibility,
it is a virtual certainty. The expert witness appearing for a deposition
must be as prepared and organized as he will be at trial. The deposition
must be approached just as seriously as trial testimony before the jury.
A lack of preparation or simple carelessness during the deposition can have
devastating consequences. In order to successfully testify at deposition,
the expert witness must have an understanding and awareness of the deposition
process.
b. Let's Go Fishing. Once a deposition of an expert witness has been
scheduled, the purpose of that deposition must be understood. To put it
plainly, it is nothing more than a fishing expedition. The objective is
to find out anything and everything about the expert witness himself, his
activities in the case at hand and the basis of his expert opinion that
will be offered at trial. The attorney conducting the deposition will utilize
any number of strategies in achieving this objective.
(1) This is not a Picnic
The setting for a deposition is usually informal, and far less structured
than testimony at trial. However, a deposition should always be taken seriously
by the witness. It should be approached as a "dress rehearsal"
for trial. Indeed, should the expert witness later become unavailable for
any reason, his deposition testimony will become his testimony at trial.
Certainly, anything that is answered incompletely or differently from his
testimony at trial will be used for impeachment purposes. The expert witness
should view the deposition the same way as he views the trial. In practical
effect, they are one and the same.
(2) Beware of Letting Down Your Guard
The attorney conducting a deposition wants to catch the witness off
guard. He wants the witness to say something he really didn't want to say.
He does not want the witness to feel he is on the defensive, although he
certainly should feel that way. To this end, the attorney will often try
to put the expert witness at ease by telling jokes and trying to charm
his way in the expert's heart. The same attorney who pats you on the back
at deposition will have a knife in his hand when he does it at trial. No
matter how congenial or friendly the attorney may seem, his sole purpose
in conducting the deposition is to discredit the expert's testimony.
(3) So, Tell Me Your Life Story
As previously stated, the attorney conducting a deposition wants to
know anything and everything about the expert witness. This will certainly
include a review of the expert's professional life history. The witness
can expect to be asked about most the following areas:
(a) Educational history
(b) Degrees and certificates
(c) Licenses and professional accreditation
(d) Investigations or suspensions by regulatory authorities
(e) Prior expert testimony: How often, when and where
(f) Prior associations with the party and law firm retaining him in
this case
(g) Membership in professional organizations
(h) Activities and leadership roles in professional organizations
(i) Publications and presentations at training programs
(j) Research activities in the field
(k) Attendance at continuing education programs
A skilled attorney will not only develop this information, but will
verify it after the deposition. The expert witness should expect no less.
(4) The Role of the Arson Investigator's Resume
A resume is an important credibility tool for the arson investigator
at a trial. It is the single best way to organize the elements of expert
qualifications prior to testifying.
The resume organizes information regarding the arson investigator's
training and experience into a format that can be presented in a deposition,
hearing, or trial. Investigators should be prepared to submit a resume
(as a separate document) to the prosecutor when necessary. For this reason,
a resume should always be kept current.
A resume should also be neat, organized, and eye-catching. It should
be typed, type-set, or printed-NEVER handwritten. NEVER lie in a resume
and avoid puffing up credentials. When including a section on references,
ask permission before listing someone's name.
Key points-
(a) Resume Contents
1) Education (Note: List education in rank order:
a). Graduate School/Advanced Degrees
b) College
c) High School
d) Special Training
e) Professional Seminars
(b) Training
1) Fire/Police Academy
a) National Fire Academy
b) State Schools
c) Seminars
2) Military training and experience
a) Special skills
(c) Certifications
1) Firefighter I, II, III (NFPA/state)
2) Police Officer
3) Certified Fire Investigator (State/IAAI)
(d) Experience
1) Positions held
2) Supervisory responsibilities
3) Number of investigations participated in
4) Number of investigations as lead investigator
(e) Prior Testimony
1) How many times?
2) Where?
3) Qualified as expert?
(f) Teaching Experience
1) Fire/Police
2) Investigators
3) Public
(g) Association Memberships
1) IAAI
2) State organizations
3) Positions with these groups
(h) Professional Writing Credits
1) Magazines
2) Articles
3) Books
(i) Awards and Honors
(5) Why Are You Here?
Having developed a full picture of the expert's background, the focus
of the deposition will be turned to the case at hand. The inquiry will
include the following areas:
(a) Who retained you in this case?
(b) When were you retained?
(c) What was the precise scope of the assignment when you were retained?
(d) What information were you given at the time you were assigned to
this case?
(e) What information did you develop prior to carrying out the investigation?
(f) What outside sources of information did you consult at any stage
of your investigation?
(g) When did you initiate your investigation?
(h) When did you first reach a conclusion?
(i) What information have you learned since reaching your conclusion?
(j) Have you pursued any further information since completing your investigation?
(k) Have you been made aware of the findings of other experts in this case?
(l) Have you reviewed the findings and opinions of any other such experts?
Because the scope of questioning at a deposition is much broader than
the questioning that will be permitted at trial, there is a much greater
potential for the investigator to get into trouble. The investigator must
be careful in answering questions so as not to make any careless remarks,
which will be regretted later. The investigator cannot afford to lose patience
during the deposition or react to what might be an insulting question or
comment. The investigator must never volunteer information beyond what is
strictly necessary to answer the question. An unprepared investigator is
only inviting disaster and this remains the most important consideration
in successfully testifying at deposition.
3. Trial Testimony
a. Qualifying As An Expert Witness
The process of qualifying as an expert witness at trial can be intimidating.
A fire investigator feels particularly vulnerable during the qualification
process, especially when facing cross-examination on the investigator's
background, training and experience. Questions will be asked about the investigator's
educational background and formal schooling, employment history, rank and
responsibilities in the department or agency, the number of fire scenes
previously investigated and the number of times the investigator has previously
been qualified as an expert witness at trial. Every investigator would like
to have more education, higher rank and more experience at the time of trial
when these questions are asked. Qualifying as an expert witness for the
first time can be a humbling experience. However, there is no guarantee
it will get any easier down the road. Every time a fire investigator goes
through the qualification process, the challenge must be faced again.
In order to testify as an expert witness, the investigator must first
be "Qualified" by the Court (Judge). This is the process of demonstrating
the investigator's training and experience in the field of fire investigation.
A series of questions will be asked of the investigator in order to lay
out those qualifications. Typically, the following areas will be covered:
(1) General educational background
(2) Employment history and prior experience in fire service or fire
investigation (3) Current employment as a fire investigator, including
the position held by the investigator with the duties and responsibilities
of that position
(4) The jurisdictional authority of the fire investigator
(5) Specialized training and education in the field of fire science
and fire investigation
(6) Familiarity with specialized publications and materials in the field
of fire investigation
(7) Membership in organizations or groups concerned with fire investigation
and arson
(8) The number of fire scene investigations that the investigator has
conducted or participated
(9) The number of fires the investigator has made a determination of
cause and origin
(10) The number of times the investigator has given testimony in official
proceedings such as grand jury hearings, depositions and prior trials
(11) The number of times and the jurisdictions the investigator has
previously been qualified as an expert witness in the field of fire cause
and origin
Additional questions may be asked of the investigator depending upon
his particular back-ground and experience. The facts of a particular fire
may make the investigator uniquely qualified to testify as an expert in
that case.
b. How does an arson investigator qualify as an expert?*
Webster's defines an expert as "one who has acquired special skill
in or knowledge of a particular subject, an authority." Black's Law
Dictionary (5th Edition) defines an expert as "one who, by reason of
education or specialized experience, possesses superior knowledge respecting
a subject about which persons having no particular training are incapable
of forming an accurate opinion or deducing correct conclusions."
(1) Here's a test to determine expertise. Is the individual:
- Trained and experienced in a field of endeavor beyond the realm of
normal understanding of lay person?
- Familiar with literature in the field?
- Knowledgeable enough to teach the subject to others?
- Experienced in providing testimony as expert on other trials?
For the person(s) responsible for determining the level of expertise
of a fire expert and the likelihood of his testimony being considered "expert
testimony" at trial, here is a list of more sample questions to qualify
a fire expert-
(2) Identification:
- Name?
- Employment? In what capacity? How long?
(3) Education/Training:
- Describe your formal education.
- Number of hours of formal instruction in fire fighting?
- Did you attend a fire academy? The National Fire Academy? Classes?
- Number of hour of instruction in fire investigation?
- Did you attend the Federal Law Enforcement Training Center? Classes?
- Any specialized seminars?
- Any training in origin and cause determination?
- Any training in electrical fire causes?
- Any training in various accidental fire causes?
- Is it possible to determine the cause of a fire?
- Any training in pattern recognition?
- Any training in study of fire behavior?
- Do you read any fire service trade magazines? Which ones?
(4) Certifications
- Any certifications?
- Issued by whom?
- What were certification requirements?
- Is an exam required?
- Is continuing education required?
(5) Experience
- How long in fire suppression?
- Have you fought fires in the past? How many?
- What positions/ranks have you held?
- When did you first get involved in fire investigation?
- Are you assigned exclusively to fire investigations?
- How many investigations have you conducted during your career?
- Did these investigations include digging in the fire debris?
- Have you investigated fires that were accidental and incendiary?
- Have you participated in controlled or training burns?
- Have you confirmed your opinion of the origin and cause of the fire
with videotape of how the fire was set?
- Have you confirmed your opinion of the origin and cause of the fire
by interviewing persons who admitted setting the fire?
- Have you participated in test fires involving various ignition devices?
- Have you participated in test fires involving trailers and other means
of spreading the fire?
- Does your training include the hazards of smoke?
- What are some of the combustion by-products in smoke? (Carbon Monoxide,
Carbon Dioxide, Cyanide, Hydrogen Sulfide)
- Are these products hazardous? Are they flammable? Can they explode?
- Is there a name for that explosion?
- Have you participated in fires involving these products?
- Does the fire department follow any procedures with respect to smoke?
- Is that why they chop holes in roofs?
- Have you seen similar patterns in various test fires to those you learned
about in your training classes?
- As part of your investigation, do you eliminate accidental causes for
the fire?
(6) Prior Testimony
- Have you testified as an expert witness before (depositions count)?
- How many times?
- In what jurisdictions?
(7) Professional Associations
- To which professional organizations do you belong to?
- Does the organization publish any material? Do you read it?
- Do you attend their seminars?
(8) Teaching Experience
- Do you teach in this field? How often? To whom?
(9) Professional Writing
- Have you written articles or books in the field of fire investigation?
- Any published? How many? Where? Circulation? (Department, Local, State,
National, International)
- What titles?
(10) Awards and Honors
- What awards have you received as an investigator?
- When did you receive them?
- From whom?
4. Presenting the Testimony**
Expert testimony in an arson trial should do much more than simply establish
the cause and origin of the fire. It should focus the jury's attention on
the critical evidence in the case and develop the theory of the case. The
fire investigator's expert testimony should be interesting and informative.
It should establish the credibility of the fire investigator as an "expert
witness,' thereby establishing the credibility of the entire case. The fire
investigator's testimony should be the highlight of the trial. In order
to achieve this, the testimony must be properly presented.
There are certain ground rules for successful testimony as an expert
witness at trial. Some of these rules are obvious, yet they are often overlooked
by even the most experienced fire investigator. These rules should be understood
and kept in mind every time a fire investigator testifies at trial.
(a) The Ground Rules
(1) Preparation. The most important rule of trial testimony is, unfortunately,
the rule most often broken. There is no substitute for preparation. At
trial, the investigator must be thoroughly familiar with the investigative
file. The investigator should be able to recite all of the steps in the
investigation in the proper order in which they took place. The investigator
should be able to recall names, dates and places without hesitation. The
investigator should be oriented to the fire scene and its physical layout.
The investigator should review the file and prepare an outline of all the
important facts, which can be read over while the investigator is waiting
to testify.
(2) Organization. As part of the investigator's preparation, he should
organize the file and the presentation of testimony. Generally, the most
effective presentation is one which follows the chronological order of
the investigation. However, this is not a rigid rule and the objective
should be an orderly logical and understandable presentation of the case
to the jury. Photographs and exhibits should be organized in the proper
order and numbered accordingly. In that way, the investigator will not
be jumping back and forth between areas of the fire scene when describing
the photographs to the jury. A well-organized presentation to a jury captures
their interest, demonstrates the professional-ism of the witness and enhances
the credibility of the testimony.
(3) Physical Appearance. It should be obvious that one who is testifying
at trial in the role of an expert should look professional. Before the
first words of testimony are spoken, the jury will form an opinion of the
witness from appearance and manner of dress. A witness from the fire service
or law enforcement who is dressed in uniform at trial is always an impressive
sight. It reminds the jury that the witness is a public servant. If the
witness does not belong in a uniform, a coat and tie should always be worn
to court. Bright colors and plaids should be strictly avoided. Similarly,
flashy jewelry should never be worn to court. A jury is influenced by the
physical appearance of a witness and will draw conclusions about the credibility
of the witness based upon that appearance.
(4) Attitude and Demeanor. A somber, professional attitude while testifying
will bolster the image of the witness before the jury. Arson is a deadly
serious issue and the investigator's demeanor at trial should reflect that
belief. The witness should be courteous at all times, especially during
cross-examination and when discussing the alleged arsonist. Sarcastic remarks
from the witness stand have no place in an arson trial. The objectivity
of an investigator's case will be reflected in the objectivity of the testimony.
(5) Nervousness. Every person who has testified at trial has experienced
nervousness and anxiety. It is a natural reaction to the circumstances
of the proceeding. However, extreme nervousness can undermine the effectiveness
of trial testimony. Certainly, an adept defense attorney will seek to exploit
the nervousness of a witness in order to confuse and disrupt the witness'
testimony. Thorough preparation is still the best way to deal with nervousness.
Nervousness is typically the product of uncertainty. Thorough preparation
and organization will remove much of the uncertainty of trial testimony.
A rehearsal before trial with the attorney involved in the case can alleviate
concerns about the process of testifying at trial. This rehearsal should
include both direct and cross-examination on the facts of the case.
A slow-paced, deliberate style in testifying is the best approach to
this problem. Controlled breathing is recognized as an effective way to
reduce tension. A nervous witness should certainly avoid drinking coffee
while waiting to be called to the stand.
(6) Candor. In order to believe an investigator's findings, the jury
must first believe in the investigator personally. Sweeping generalizations,
statements in absolute terms and the refusal to recognize unfavorable evidence
will weaken the investigator's credibility before the jury. It is far better
to candidly acknowledge the problems in an investigator's case than to
lose the appearance of objectivity by ignoring the facts. In preparing
the trial, the investigator should be prepared to acknowledge them while
pointing out the reasons they do not influence the outcome of the findings.
(7) Confidence. In order to convince the jury the investigator's findings
are correct, the investigator must demonstrate his/her belief in the case.
The investigator should not have to apologize for the findings. The investigator
should not back down from those findings, especially during cross-examination.
Once a case has proceeded to trial, it is not the time to show any uncertainty
about the investigator's findings. Once again, thorough preparation and
organization will contribute to the appearance of confidence in the investigator's
case.
(8) Terminology. There is a special terminology in fire scene investigation.
Certain technical terms are widely used by investigators and other authorities
in the field. However, in all probability the jury has never heard any
of those terms before. The investigator must be able to relate the testimony
in terms that are understandable by the jury yet still be sufficiently
professional to reflect his/her expertise. The investigator should be prepared
to explain the terminology and the significance of the particular terms
without "talking down" to the jury. In fact, explaining technical
terminology to the jury provides the investigator with an opportunity to
demonstrate expertise while establishing a rapport with the jury.
Investigators should strictly avoid the phrases and terminology used
in a typical police report or fire report. Just as a lawyer should avoid
"legalese," fire investigators should avoid using tired terminology
when testifying before the jury.
(9) Communication with the Jury. As previously stated, the very purpose
of expert testimony is to assist the jury. Therefore, the investigator
must remember that the testimony is directed at the jury seated in the
jury box. Establishing eye contact with the jury and speaking directly
to the jury serves two purposes. First, it shows that the investigator
is not afraid to "look the jury in the eye" and present testimony.
That has long been recognized as a measure of candor and truthfulness.
Second, it shows the respect due the jury in its important role as trier
of fact in the case. It also serves to direct the jury's attention to the
testimony being presented through the expert witness.
A good lawyer will take advantage of every opportunity during a trial
for personal contact with the jury in order to personalize the case and
establish rapport. The expert witness should take the same approach. For
this reason, the expert witness should (with the approval of the judge)
leave the witness stand when possible and go right over the jury box when
testifying about photographs, diagrams, and physical evidence. The witness
should stand directly in front of the jury and point out the important
aspects of the photographs, diagrams and evidence. The witness should hand
the evidence to the jury members for their inspection as he/she testifies.
Once again, the witness can develop direct eye contact with the jury members
while standing there face-to-face.
During cross-examination, a lawyer will often walk across the courtroom
to the opposite side from the jury box. In doing so, he/she hopes to direct
the expert's testimony away from the jury box. A skilled investigator will
turn to the attorney to listen to the question, and then turn back to the
jury for the answer.
(10) Exhibits and Visual Aids. An effective presentation of expert testimony
on the cause and origin of a fire will make use of visual aids and demonstrative
exhibits. A fire scene can never be accurately "described" to
a jury; it must be shown to them in photographs slides and diagrams. A
skilled presentation of visual aids will not only serve to familiarize
the jury with the fire scene and the significant evidence at that scene,
it will also capture their interest and focus their attention on the testimony.
The fire investigator's testimony should be the highlight of an arson trial.
Taking photographs are, of course, a part of every investigator's standard
procedures at a fire scene. However, at the time of trial the investigator
must have enlargements of the fire scene photographs to show the jury.
Photographs should be enlarged to a minimum of 8 X 11 inches. A critical
photograph of the fire scene should be enlarged even further. An even more
dramatic method of showing the jury details from the fire scene is to utilize
slides. However, photographs should still be used so that the jury can
study them during deliberations.
A large diagram of the fire scene should always be part of the investigator's
presentation. The diagram will be used to show the path of burn of the
fire, the presence (or absence) of significant items in the building and
the location of doors and windows in the building. Once again, it is something
the jury can examine during deliberations at the close of trial. Sometimes
the facts of a case will warrant test burns to establish the combustibility
or flammability of materials found at the fire scene or to show the effect
of fire on the materials. That can be captured on videotape for a dramatic
and interesting presentation to the jury at trial. If videotape is not
available, then slides or photographs can be used. In any event, visual
aids and demonstrative evidence should always be made a part of the investigator's
testimony at trial. It makes the investigator's testimony more professional,
more interesting and more effective.
Note: A well-organized, systematic approach to expert testimony in an
arson case will enable the witness to make an interesting, entertaining
and effective presentation to the jury at trial. That is what leads to the
successful result every investigator seeks.
5. Trial Questions*
Investigators should be prepared to answer a multitude of questions under
direct examination at the trial regarding the actual investigative steps
taken during the fire. (Note: If the investigator's report is properly prepared
it should serve as the guide for these questions.) Some examples are:
a. Were you on duty on ________ (date)?
b. At any time on that date were you sent to _____ (fire location)?
c. How were you notified about the incident?
d. Did you go to the scene?
e. How long did your examination of the scene last?
f. Describe what you did.
g. What did you observe outside the building?
h. Any smoke? Any fire?
i. What was going on?
j. Any fire fighting?
k. From your examination of the building and noting the directions of
fire travel, were you able to form an opinion as to the area of origin
you believe this fire began?
l. On what facts do you base this opinion?
m. Did you take steps to eliminate other possible areas of origin?
n. Were there other areas of origin?
o. Based on your observations and training, were you able to form an
opinion about the additional areas of origin?
p. Did you take steps to eliminate various possible causes for the fire
in the area you believed to be the area of origin?
q. What steps?
r. What did you eliminate as possible fire causes in this case?
s. Were you able to form an opinion as to the specific cause of this
fire?
t. What is that opinion? Arson / Accidental / Undetermined
u. Did all these events take place in _____________ county?
NOTE: Many jurisdictions now recognize the danger fire can pose to life
in addition to property by having a specific charge for it. As a fire investigator,
you may be asked for your opinion about whether persons in nearby exposures
were jeopardized by the fire. Note the following additional questions-
- Based on your examination of the scene and the neighborhood surrounding
the fire, were you able to form an opinion as to whether this fire endangered
anyone?
- What is that opinion?
A proper direct examination will build slowly and logically. Ultimately,
it will elicit the investigator's expert opinions regarding the cause and
origin of the fire. A good direct examination is structured for the maximum
dramatic effect. The investigator should be very sensitive to word choice
and language on the stand. Practicing the testimony as well as any demonstrations
to show specific principles of the investigator's testimony are essential
and well worth the advance time they require. This should take place ideally
at one of the early meetings between the investigator and the prosecutor
to explore these areas and to decide on a theme for the case.
6. SAMPLE FORMS TO HELP ESTABLISH QUALIFICATIONS
EXPERT WITNESS INFORMATION SHEET
EMPLOYMENT
Name:_______________________ Agency:____________________________
Employment with Agency since:______ Current Title/Rank:___________________
Current Title/Rank since:__________ Duties:____________________________
____________________________________________________________________
Previous Title/Rank with current Agency (if applicable):________________________
Time period for previous title/rank:________________________________________
Duties:______________________________________________________________ ____________________________________________________________________
Prior Employer/Agency:_________________________________________________
Period of Employment:_______________ Title/Rank:________________________
Duties:______________________________________________________________ ____________________________________________________________________
Prior fire service experience - department:__________________________________
Time in fire service:_________________ Initial Title/Rank:____________________
Last Title/Rank:_____________________ Duties:___________________________
State certification(s) in fire service:________________________________________
_________________________________ Date(s) of certification:______________
Prior military service-branch of service:____________________________________
Length of service:_____________________________________________________
Rank at separation/discharge:____________________________________________
Fire service/ordinance training in military:___________________________________
Status at separation/discharge (Honorable/Other):____________________________
EDUCATION
High School/GED earned:_____________ School and year:___________________
Community College/ University courses taken:_______________________________
____________________________________________________________________
Name of College/University:_____________________ Years:_________________
Grade Point Average:________________ Degree(s) earned:_______________
Post-Graduate Studies:______________ College/University:_______________
Grade Point Average:________________ Degree(s) earned:_______________
FIRE INVESTIGATION TRAINING
On-The-Job Training (Agency):__________ Supervisor/Trainer:_______________
Length and Dates of O.J.T:______________________________________________
Number of fires investigated with supervisor/trainer:___________________________
Number of criminal/civil cases made from O.J.T investigation:____________________
Number of in-service training programs:_____________________________________
Subject area(s) of in-service training programs:__________________________________
_______________________________________________________________________
Date(s) and Place(s) of in-service training programs:___________________________
_____________________________________________________________________
Instructors:____________________________________________________________
Other training programs attended (attach continuation if needed) (a)
Title of Program:___________________________Date:______________________
Place:______________________ Topics:_______________________________
Course hours:____ Tested (Y/N):_____ Score:_____ Certification (Y/N):____________
(b) Title of Program:___________________________Date:______________________
Place:______________________ Topics:_______________________________
Course hours:____ Tested (Y/N):_____ Score:_____ Certification (Y/N):____________
(c) Title of Program:___________________________Date:______________________
Place:______________________ Topics:_______________________________
Course hours:____ Tested (Y/N):_____ Score:_____ Certification (Y/N):____________
(d) Title of Program:___________________________Date:______________________
Place:______________________ Topics:_______________________________
Course hours:____ Tested (Y/N):_____ Score:_____ Certification (Y/N):___________
(e) Title of Program:___________________________Date:______________________
Place:______________________ Topics:_______________________________
Course hours:____ Tested (Y/N):_____ Score:_____ Certification (Y/N):____________
(f) Title of Program:___________________________ Date:______________________
Place:______________________ Topics:_______________________________
Course hours:____ Tested (Y/N):_____ Score:_____ Certification (Y/N):____________
Other miscellaneous training received:______________________________________
Training programs taught - subject:_________________________________________
_____________________________________________________________________
Sponsoring organization/agency:___________________________________________
Date and Place:__________________ Course hours taught:____________________
PROFESSIONAL MEMBERSHIPS
(a) Organization:________________________________________________________
Date Joined:_______ Current status (regular/associate/etc.):_____________________
Number of meetings attended:____ Appointments/offices held:___________________
(b) Organization:________________________________________________________
Date Joined:_______ Current status (regular/associate/etc.):_____________________
Number of meetings attended:____ Appointments/offices held:___________________
(c) Organization:________________________________________________________
Date Joined:_______ Current status (regular/associate/etc.):____________________
Number of meetings attended:____ Appointments/offices held:___________________
ORIGIN AND CAUSE EXPERIENCE/EXPERT TESTIMONY
Approximate number of fire scenes investigated:_____________________________
Approximate number of times origin and cause determined:____________________
Number of times called to give sworn testimony concerning origin and
cause (including depositions, grand jury testimony and trial testimony):_________________
Number of times certified by court as an expert witness in fire investigation/origin
and cause determination:___________________________________________________
List of courts and jurisdictions where qualified, with approximate date(s):__________
____________________________________________________________________
*This section is based upon, and contains excerpts and
quotes from "How to Make Love to a Prosecutor," by Peter S. Beering,
C.F.I. and is used with his permission.
**This section is based upon, and contains excerpts and
quotes from "Expert Testimony in an Arson Case," by Guy E. Burnette,
Jr. of the law firm of Butler, Burnette, and Pappas, 6200 Courtney Campbell
Bayport Plaza - Suite 1100, Tampa, Florida 33607-1458. It is used with his
permission.
BIBLIOGRAPHY
Beering, Peter S.,C.F.I., How to Make Love to a Prosecutor
or How Not to Get Screwed By a Prosecutor, 43rd Annual Seminar of the International
Association of Arson Investigators, January 1992, p. 13-29
Burnette, Guy E., Jr. Expert Testimony in an Arson Case.pages
1-19. Mr. Burnette is a member of the law firm of Butler, Burnette and Pappas
of Tampa, Florida
Reprinted with permission.
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