INTERVIEW TECHNIQUES
PRESENTED BY DAVID B. MAC DOUGALL
INFORMATION SERVICES, LLC. COLUMBIA, S.C.
A Licensed South Carolina PI since 1979
South Carolina Association of Legal Investigators
(SCALI)
National Association of Legal Investigators
(NALI)
National Council of Investigative and Security Services
(NCISS)
South Carolina Public Defender Investigator Association
This presentation is the result of
decades of extensive psychological,
sociological and anthropological studies
conducted by the brightest and best
minds of all time.
Naaaa….not really…
but it is the result of decades
of trial and error
I N T E R R O G AT E :
Ask questions of someone, especially
a suspect or prisoner, aggressively.
INTERVIEW:
A meeting of people face to face…
Synonym: conversation
Who does the best interview?
Why would you conduct an
interview if the police already did?
Here is a quote from a
North Carolina police investigator
”There’s a lot of investigative work you
do that you don’t put on paper because
you open yourself up to the defense
bringing it up in court”.
WHY SHOULD ATTORNEYS
NOT CONDUCT
INTERVIEWS ALONE ?
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Their time is more valuable

They can’t testify to impeach
the witnesses
WHO
WHAT
WHEN
WHERE
HOW
WHY
You’re looking for
INFORMATION...
Good,
Bad
or Indifferent
Just the Facts Ma’am,
Just the Facts
WHO CAN YOU TALK WITH?
CO-DEFENDANTS?
….a lawyer shall not communicate about the subject
of the representation with a person the lawyer knows to
be represented by another lawyer in the matter unless
the lawyer has the consent of the other lawyer.
...a non-lawyer employed or retained by a lawyer shall
be responsible for conduct of such a person that would
be a violation of the Rules of Professional Conduct if
engaged in by a lawyer.
INTERFERENCE WITH
THE INTERVIEWEE
Im p ro p e r in t im id at io n o f a w it n e s s m ay
v io lat e a d e fe n d an t ' s d u e p ro c e s s r ig h t
t o p re s e n t h is d e fe n s e w it n e s s e s fre e ly
if t h e in t im id at io n am o u n t s t o
s u b s t an t ial g ove r n m e n t in t e r fe re n c e
w it h a d e fe n s e w it n e s s ' fre e an d
u n h am p e re d c h o ic e t o t e s t ify ”.
United States v. Saunders (1991)
The State v. Brad Edward Williams
In 1997 the South Carolina Supreme Court reversed
a murder conviction because an investigator for the
solicitor's office called the defendant's attorney and
told him that it would be improper to interview the
witness and that “the Solicitor's Office would not
allow the interview."
Generally, courts have found unconstitutional
intimidation where the government has advised a
potential defense witness that it would not be in his
"best interest" to talk to the defendant or his attorney.
But don’t worry about
Brad…
PREPARING FOR THE INTERVIEW
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Know the case
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Know what your witness is supposed to know
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Know what questions you’re going to ask
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Bring accoutrements
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Interview forms
Pictures
Diagrams
Reports
Prior statements
Tape & or video recorder
HOW ABOUT A
SURREPTITIOUS RECORDING??
Probably not a good idea....
The South Carolina Supreme Court
has said that a lawyer may not record
any conversation without prior
knowledge and consent of all parties.
THE INTERVIEW
Do you call and make an appointment?
As a rule…NO!
Show up…unannounced…be polite
Fully identify yourself with credentials
Fully identify your representation
Fully identify your purpose
Give them your business card
Let them process all you’ve told them
Take accurate notes
Record when appropriate
Speak like a professional
Ingratiate yourself to the witness
Avoid bling and other distractions
Fresh breath
Dress to impress – business attire
Who is going to be taken
more seriously...
DON’T GIVE THEM TOO
MANY WAYS OUT
They can say NO but you don’t have to accept NO
Don’t get angry; be persuasive.
Appeal to their sense of fair play
DON’T threaten or intimidate….it could be criminal
Be conversational
Get them talking, keep them talking and LISTEN
Obtain detailed information
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Names including a/k/a’s
Date of birth
Social Security number
Close family member address
Family member phone number
E m p l o ye r
Spouses name
A n yt h i n g e l s e ?
What is the value of a
“ N O N - S T A T E M E N T - S T A T E ME N T ? ”
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LO C K ‘ E M I N
LOCK ‘EM OUT
EXCITED UTTERANCE
Excited Utterances
In South Carolina an “Excited Utterance” is,
“A statement relating to a startling event or
condition made while the declarant was under
the stress of excitement caused by the event
o r c o n d i t i o n ”.
 The statement must relate to a startling event or
condition;
 The statement must have been made while the
declarant was under the stress of the excitement;
 The stress must have been caused by the startling
event or condition.
SHOULD YOU MEMORIALIZE
THE INTERVIEW?
 Wr i tt e n ? ? I f s o…
Who writes it?
NCR forms
 Audio recording
 Video recording
 Should the statement be sworn?
 Give them a copy
THE INTERVIEW REPORT
Does your client want a written report?
If so remember the most important criteria...
GET IT RIGHT!
GET IT ACCURATE!
GET IT 100% CORRECT!
Review your final report with the interviewee
Send interviewee a copy
Retain ALL your notes and recordings
In your report include
your observations
Any obvious prejudices
Any religious artifacts
Bumper stickers
Will they make a good witness
Do they speak English
Will they be a credible witness
Body language
But it’s WRONG to judge…
WHICH WITNESS IS
MORE BELIEVABLE?
GROOM YOUR WITNESS
Answer their questions
Prepare them for cross examination
Allay their fear of what they will be asked
Explain hearsay:
“…a statement, other than one made by
the declarant while testifying at the trial
or hearing, offered in evidence to prove
the truth of the matter asserted.
Ask about their background
Meet and greet them at court
SOME RANDOM THOUGHTS
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Do you pay a witness for video or photos?
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Do you pay a witness for testimony?
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Do you use intimidation?
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It’s not cross examination
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Don’t give away trial strategy to witnesses
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Ask questions to which you know the answer
T h a n k yo u f o r yo u r a t t e n t i o n
Go forth and investigate!