DEPOSITION OF DEFENSE HIRED SURVIELLANCE INVESTIGATOR

I recently deposed an investigator hired by the defense who kept my client under surveillance over a long period of time. While you may not have had this happen to your client you may find the outline helpful.

EXAMINATION OF INVESTIGATOR

(“tailing, stakeout, spying, tracking, snooping, secretly watching, sneak, peeping Tom, prying, invading privacy”)

INTRODUCTION

1.NAME (only – not address -save for later)

WHAT HE DID GENERALLY 

  1. IS IT TRUE STARTING IN MARCH OF 2011 YOU BEGAN SECRETLY WATCHING THE HAUGE RESIDENCE & FAMILY?
  2. YOU SECRETLY VIDEO TAPED JOHN, AMANDA &  EVEN THEIR CHILD MADISON?
  3. YOU SECRETLY FOLLOWED THEM IN THEIR CAR?
  4. YOU FOLLOWED AMANDA & JOHN WHEN THEY DROVE TO THE DOCTOR?
  5. YOU FOLLOWED THE MOTHER DRIVING HER CHILD TO SCHOOL?
  6. YOU FOLLOWED AMANDA TO WORK?
  7. YOU SECRETLY OBSERVE  THIS FAMILY AT LEAST THROUGH OCT 20TH OF THIS YEAR?
  8. WHEN WAS THE LAST TIME YOU SECRETLY WATCHED THEM?
  9. YOU DID THIS WITHOUT THEIR KNOWLEDGE OR CONSENT FOR OVER 14 DAYS?
  10. YOU SPENT AS MUCH AS 12 HOURS A DAY WATCHING OUTSIDE THEIR HOUSE?
  11. YOU SPENT SOME 138 HOURS SECRETLY WATCHING, FOLLOWING THEM AND VIDEO TAPING THEM?
  12. DID YOU EVER CONTACT HIS NEIGHBORS, FRIENDS OR ANYONE ELSE ABOUT JOHN OR HIS FAMILY?

(1) WHO, WHAT, WHEN, WHERE, WHY, REPORTS?

EMPLOYER

  1. YOU DO THIS FOR A LIVING?
  2. YOU’VE DONE THIS FOR OVER TWENTY YEARS?
  3. WHO DO YOU WORK FOR?
  4. HOW MANY EMPLOYEES?

MARK WEBSITE

GO THROUGH WEBSIGHT LANGUAGE:

(1) “SPECIALIST – LONG RANGE VIDEO CAMERAS”

(2) “BACKGROUND INVESTIGATIONS” – See List

(a)  CRIMINAL HISTORY – RESULTS?

(b) CIVIL HISTORY – RESULTS?

(c)  VEHICLES? – RESULTS?

(d) DRIVING RECORD – RESULTS?

(e)  BUSINESS?

(f)   PROPERTY? – RESULTS

(g)  FINANCIAL STATUS? – RESULTS

(h) EMPLOYMENT? – RESULTS

(i)    INTERNET SEARCH – WHAT FOR? RESULTS?

(j)    ANY OTHER INVESTIGATIONS?  RESULTS?

(3) VIDEO “EDITING”?

(4) PRE SURVEILLANCE – 2 vs 14 DAYS?

(5) SURVEILLANCE TEAMS?

(6) “REASONABLE EXPECTATION OF PRIVACY”

(a)  WHO HAS SEEN THESE VIDEOS?

(b) WHO HAS SEEN THESE REPORTS?

(7)  “TRESPASS” – WHAT DONE

(8) SURVEILLANCE “IS A SPECIALITY” WHY? 

HOME ADDRESS  (Note: he will refuse to divulge this information) 

  1. HOME ADDRESS

(1) WHY NOT?

(2) PRIVACY?

(3) DON’T WANT ANYONE SECRETLY WATCHING?

  1. NEED ADDRESS – ARE YOU REFUSING TO GIVE IT TO ME?
  2. YOU KNOW YOU HAVE BEEN SUBPOEANED TO TESTIFY UNDER OATH?
  3. PURSUANT TO THE SUBPOENA I AM ASKING YOU NOW TO STATE YOUR HOME RESIDENCE ADDRESS. 

HOW HE DID IT 

  1. ALONE
  2. SITTING IN CAR WATCHING?
  3. DID YOU EVER OVER HEAR ANYTHING THE HAUGE FAMILY SAID WHILE YOU WERE SECRETLY WATCHING AND VIDEO TAPPING THEM? WHAT?
  4. DID YOU EVER RECORD ANYTHING SAID BY SOMEONE ELSE LIKE JOHN OR HIS FAMILY OR NEIGHBOR?
  5. WHAT EQUIPMENT?

(1) TAPE RECORDER

(2) BINOCULARS

(3) VIDEO CAMERA –  ZOOM?

6.WATCHING & WAITING?

(1) FOR WHAT?

(2) FOR HOW LONG AT A TIME?

7.  HAVE THERMOS? SANDWICH?

8.  READING BOOK, NEWSPAPER?

9.  LISTENING TO RADIO OR ANYTHING ELSE?

  1. COMPUTER? EMAIL? PHONE?
  2. HOW MANY OTHER PEOPLE INVOLVED IN THIS?

POSITIONING 

  1. WHAT KIND OF VEHICLE – DESCRIBE
  2. TINTED WINDOWS?
  3. YOU WANTED TO DO THIS SECRETLY?
  4. DIDN’T WANT ANYONE, ESPECIALLY THE FAMILY, TO KNOW?
  5. WHAT DO TO AVOID BEING SEEN?
  6. WHERE & HOW PARK? 

VIDEO TAPPED OTHERS 

  1. DID YOU ALSO VIDEO TAPE JOHN’S NEIGHBOR?
  2. YOU FOLLOWED JOHN TO A FARM WHERE HE MET WITH A MAN & YOU VIDEO TAPPED BOTH  OF THEM THROUGH A FENCE? – OUT OF CAR?
  3. WHERE STANDING? WHY?
  4. YOU VIDEO TAPED A YOUNG MAN WHO WAS AT THE HOUSE ONE DAY DIDN’T YOU? DO YOU KNOW WHO HE WAS?
  5. DID YOU ALSO VIDEO TAPE SOMEONE ON A BIKE YOU THOUGHT WAS JOHN, BUT WASN’T JOHN?

WHO HIRED?

1.  WHO HIRED YOU IN THIS CASE?

2.  MEETINGS OR PHONE WITH THEM 

(1) WHO

(2) WHEN

(3) HOW OFTEN

(4) WHAT DID YOU SAY 

(3) WHERE DID YOUR VIDEO TAPE & REPORTS END UP?

(4) 99% OF YOUR SECRET SURVEILLENCE IS FOR INSURANCE COMPANIES & DEFENSE LAWYERS IN INJURY CASES

(5) WHO DO YOU WORK FOR?

(6) HOW MANY EMPLOYEES?

(7)  YOU DO THIS WORK 4 – 5 TIMES A WEEK ON DIFFERENT CASES?

WHAT WAS HE SUPPOSED TO DO

  1. WHAT DID YOU UNDERSTAND YOU WERE SUPPOSED TO DO? WHY?
  2. WHAT WAS YOUR OBJECTIVE?
  3. WHAT DID YOU UNDERSTAND WAS YOUR PURPOSE?
  4.  CATCH HIM DOING THINGS HE SAID HE COULDN’T?
  5. WHAT WERE YOU TOLD WHY YOU WERE SUPPOSED TO KEEP ON SECRETELY WATCHING, VIDEO TAPING & FOLLOWING THEM AFTER YOUR FIRST REPORTS?
  6. WHO TOLD YOU WHEN TO DO THIS?
  7. WHY DID IT STOP?
  8. WHO MADE THE DECISION HOW MANY TIMES TO SPY AND WHEN TO STOP?

BACKGROUND

1. MARRIED?

2.  CHILDREN? HOW MANY?

3. WHAT COLLEGE EDUCATION DO YOU HAVE?

4. MEDICAL KNOWLEDGE?

DATES &TIME 

MARK REPORTS AS EXHIBITS

 

  1. ANY PHOTOS OTHER THAN FROM VIDEOS?

 

  1. ANY EDITING?

 

SUPOEANED DOCUMENTS

ü IDENTIFY WHAT HE BROUGHT – MARK

BILLING

  1. WHAT WAS (the law firm or ins co) BILLED FOR THIS?

 

  1. WAS THERE A BUDGET FOR YOUR SERVICES?

 

  1. YOU TESTIFY AT TRIAL TWO TO THREE TIMES A YEAR? (Allen 115)

 

  1. WHAT DO YOU CHARGE TO TESTIFY IN COURT? (Allen 61)

REPORTING

  1. HOW DID YOU PREPARE REPORTS

 

  1. HOW OFTEN DID YOU REPORT

 

  1. WHO DID YOU REPORT TO

 

  1. WHAT DID THEY INSTRUCT YOU DO AFTER REPORTING?

 

  1. WHO DID YOU GIVE THEM TO?

 

  1. DID YOU DISCUSS WHAT YOU SAW WITH ANYONE?

 

  1. WHO HAVE YOU TALKED TO ABOUT WHAT YOU SAW AND DID?

 

  1. WHO HAVE YOU GONE OVER THE REPORTS WITH?

 

(1) HOW MANY TIMES

(2) HOW LONG

(3) WHAT DID YOU SAY?

 

  1. ANY EMAILS WHILE WATCHING?

 

  1. ANY REPORTS BY EMAIL?

 

  1. ANYTHING ELSE NOT PRODUCED YOU KNOW ABOUT FROM YOUR WORK IN THIS CASE?

 

  1. ARE YOU AWARE OF ANYONE OTHER THAN YOU WHO WAS SECRETLY WATCHING THIS FAMILY OR VIDEO TAPING OR FOLLOWING THEM AROUND?

 

  1. ARE THERE THINGS YOU SAW JOHN DO THAT IS NOT IN THESE VIDEOS?

 

(1) WHO, WHAT, WHEN, WHERE, WHY

 

  1. ARE THERE ACTIVITIES YOU OBSERVED ABOUT THIS FAMILY NOT IN THESE REPORTS? (SAME)

REPORTS AND VIDEOS

SEE MY SUMMARIES:  Ask re dates and hours and time

SEE BILLINGS

One Response to DEPOSITION OF DEFENSE HIRED SURVIELLANCE INVESTIGATOR

  1. Paul:

    Did you issue the investigator a set of interrogatories and if so is that how you know he wouldn’t give his home address?

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