A teenage student charged with attempted murder in the shooting of a South Dakota high school principal has hired a private investigator to help in his defense.
The Argus Leader reports that a motion filed by the defense team for 16-year-old Mason Buhl shows an investigator has been hired to locate and interview witnesses.
Buhl is charged as an adult on one count each of attempted murder and the commission of a felony while armed with a firearm
A private investigator is under arrest after allegedly trying to smuggle drugs into Rikers Island.
As WCBS 880’s Rich Lamb reported, the Department of Investigation did some digging and found that private investigator Marrion-Paul Small-Williams was trying to smuggle contraband into the jail.
DOI arranged to have a drug-sniffing dog greet the would-be smuggler and the pooch alerted.
“After the dog hit on the suspect, we recovered 66 grams of K2, sometimes also called synthetic marijuana, as well as 24 grams of marijuana and this contraband was actually concealed in the defendant’s underwear,” said DOI Commissioner Mark Peters.
In order to meet the criteria of attorney work product, a document must be “prepared in anticipation of litigation”. This means that the evidence developed by the investigator is not protected from discovery by the other side until an actual dispute or claim has arisen.
Attorney-client privilege and work product protection of internal investigations often turns on a complicated and fact intensive inquiry. Companies can protect themselves by properly structuring their internal investigations from the outset.
For example, if an employer believes that one of its employees has been embezzling money while working in the accounting department, it can hire an attorney, who can then retain the services of an investigator, and they can begin preparing a case against the employee. The “work product” resulting from the work of the attorney and his or her investigator is then protected and the information they gather may be used for civil and possibly criminal prosecution. This is the point at which the ‘anticipation of litigation’ begins.
Even when a privilege applies to an investigator’s work, it may be waived under the same rules and exceptions applicable to attorneys. By listing a private investigator as a witness, a party is deemed to waive the work product privilege with respect to matters covered in the investigator’s testimony. United States v. Nobles, 422 U.S. 225 (U.S. 1975). Voluntary disclosure to others and failure to timely assert work product protection or attorney-client privilege are other common sources of waiver.
~ John L. Morris
A Northern Colorado, licensed and insured, Greeley Private Investigator
Call today for your 100% FREE Private Investigator Consultation (970) 673-5719
* EVCO LLC, EVCO Investigations, John Morris and the author of any of our articles, posts and pages do not present any information on this website as legal advice or any other advice in particular. All postings, writings, and pages on this website are for informational use only and everyone is encouraged to always seek professional and legal advise in all matters.
** All articles are copyright protected upon posting and subject to federal copyright protection laws.