MEMO RE DISCOVERY ABOUT SURVEILLANCE
I have had the issue of the defense or insurance company hiring someone to spy on my client in the hopes it will show the client is not hurt as badly as claimed. What follows is the raw memo I developed in anticipation of creating a deposition outline. You hopefully may create ideas from it if you have the issue.
(FRAME AS: “tailing, stakeout, spying, tracking, snooping, secretly watching, sneak, peeping Tom, prying, invading privacy”)
1.Name, address & employment
WHAT THEY DO GENERALLY
1.Is it true starting in March of 2011 you began secretly watching the Brown’s residence & family?
2.You secretly videotaped the parents and even their child?
3.You secretly followed them in their car?
4.You followed the parents when they drove to the doctor?
5.You followed the mother driving her child to school?
6.You followed the mother 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 videotaping them?
12.Did you ever contact his neighbors, friends or anyone else about john or his family?
(1)who, what, when, where, why, reports?
1.You do this for a living?
2.How long have you done this?
3.Who do you work for?
4.How many employees
5.You are a “specialist – long range video cameras”
(1)“Background investigations” – see list. Checked:
(a)criminal history – results?
(b)civil history – results?
(c)vehicles? – results?
(d)driving record – results?
(f)property? – results
(g)financial status? – results
(h)employment? – results
(i)internet search – what for? results?
(j)any other investigations? results?
(a)who has seen these videos?
(b)who has seen these reports?
(2) “trespass” on private property? – what done
1.The dictionary defines spying as “to watch secretly usually for hostile purposes” you were watching secretly?
2.You were doing it to help the defendant’s lawyer & not for my client’s case?
3.That would be to try to harm the Client’s case, wouldn’t it?
4.So, it would be spying, wouldn’t it?
5.What is your home address?
6.If witness refuses to give this information
(3)don’t want anyone secretly watching?
7.You know you have been subpoenaed to testify under oath?
8.Pursuant to the subpoena I am asking you now to state your home residence address.
HOW HE DID IT
2.Sitting in car watching?
3.Did you ever overhear anything the 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?
6.Watching & waiting?
(2)for how long at a time?
7.Have thermos? sandwich?
8.Reading book, newspaper?
9.Listening to radio or anything else?
10.Computer? email? phone?
11.How many other people involved in this?
1.What kind of vehicle – describe
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?
HOW HE FELT ABOUT IT
1.How did you feel about what you were doing?
2.Did you feel you were invading their privacy?
3.Did you feel you were prying or snooping into their lives?
4.Did you consider yourself a peeping tom?
5.Did it bother you that you were secretly videotaping a young child?
6.Did you worry about how the child would feel when she found out you had been spying on her ?
7.You knew my client was dealing with emotional problems?
8.Did it concern you how his learning about this might impact his emotional problems?
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?
(1)out of car
3.You videotaped a young man who was at the house one day didn’t you?
(1)do you know who he was?
4.Did you also video tape someone on a bike you thought was john, but wasn’t john?
WHO HIRED HIM?
1.Who hired you in this case?
2.meetings or phone with them
(4)what did you say?
3.Where did your video tape & reports end up?
4. Isn’t true that 90% of your secret surveillance is for insurance companies & defense lawyers in injury cases
5.How many employees work for this company?
6. 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?
(1) catch him doing things he said he couldn’t?
4.What were you told why you were supposed to keep on secretly watching, videotaping & following them after your first reports?
5.Who told you when to do this?
Who made the decision how many times to spy and when to stop?
2.Children? how many?
3.Has anyone, to your knowledge ever secretly watched, video tapped & followed you or your family?
4.How would you feel if it happened to you or your family?
5.What college education do you have?
6.What medical training?
mark reports as exhibits
1.Are these all the reports?
2.Are these all the videos?
3.Any photos other than from videos?
identify what he brought – mark
1.Who was billed for this work? (The law firm or ins co)
2.Was there a budget for your services?
3.You testify at trials two to three times a year?
4.What do you charge to testify in court?
1.How did you prepare reports – what was the format?
2.How often did you report?
3.Who did you report to?
4.What did they instruct you do after reporting?
5.Did you discuss what you saw with anyone?
6.Who have you talked to about what you saw and did?
7.Who have you gone over the reports with?
(1)how many times
(3)what did you say?
8.Send any emails while watching?
9.Anything else not produced you know about from your work in this case?
10.Are you aware of anyone other than you who was secretly watching this family or videotaping or following them around?
11.Are there things you saw john do that is not in these videos?
(1)who, what, when, where why?
12.Are there activities you observed about this family not in these reports? (same)
1.Have you produced all of the reports and information you gathered while spying on this family?