When In Doubt? Pull CSVs Out
Post-conviction evidence perils and tips for navigating them.
Permanent Record Research attracts post-conviction cases like an ice cream truck slow rolling a playground in July attracts a kid.
Post-conviction cases are genuinely complex ordeals, not just emotionally or technically. You endure a lot of strain both cognitively and psychologically for sure, but the cases are also nightmarishly difficult logistically.
Long after you’ve spent days poring over documents and discovery, taking inventory of everything that should and could be analyzed, you then start fighting to actually be able to do so. This part takes months, sometimes years.
That’s right, you fight. And fight. You have people telling you that you don’t know what you’re talking about, taking shots at your CV or telling you that you’re rehashing an old argument when you’re clearly not. All for the opportunity just to lay eyes on the evidence yourself.
Finally, you might see daylight.
It might be a district attorney finally seeing the light or a judge issuing that order that you need. The relief is immense at this point.
You dance. You celebrate. Finally, you get access to the evidence.
Emails that were supposed to be sent? Well, they weren’t. You attend another status hearing to look at everyone shrugging shoulders, deferring another month.
Another month goes by, and the glow of victory starts to ebb.
And another month. Those thumb drives the State thought they had? Turns out they don’t. The expert that was lined up to analyze them and provide a detailed expert opinion? Grave illness, no longer able to attend.
Another missed email.
Another month.
Another missed deadline.
Another missing hard drive.
Another month.
Agonizing, the time just keeps ticking, and the evidence gleefully grins at you like a monster in a closet that’s daring you to plant your bare feet on the cold floor.
I don’t seem to get used to this part, the waiting and the agonizing.
Having gone through a new version of this same old song not that long ago, I found myself reflecting on what I could do better for future entanglements.
Clear Communication — Don’t assume anyone involved will read a manual or an entire webpage. I don’t care if the other person is a Phd., has three law degrees from separate Ivy League schools and an MBAnus from Wharton. People are lazy, and the more qualified they are, the more likely they are going to think it’s beneath them to do it. If you want people to move their ass, you’re going to have to move their legs for them. Spell out specific instructions with citations, and leave no room for “the dog ate my homework” where possible. Timestamp all your communications so that if someone gets angry in the future, you can point back to them.
Acts of Service are a Love Language — Take this approach when resolving tense situations or after a hearing that leaves a judge irritated. If the judge or another party asked a question as simple as: “How much will it cost to hire that expert?” And you didn’t have an answer? Go get the answer. Like right now. Provide it, apologize to your counsel if necessary, and note that in the future, this is something folks will want to know in advance. The tone should be that you are here to serve everyone, even the opposing parties because it also shows that you are capable and friendly. And that makes you a truly terrifying adversary.
When In Doubt? Pull CSVs Out — If you’re working with a new technical expert, or a compressed budget or timeline, ask for CSVs of everything from that expert. Whether a forensic accountant or a digital forensic examiner, they both know how to produce spreadsheets and you, along with your investigator, paralegals and team members, can universally open a spreadsheet. It may not be a pretty PDF report, but the evidence lies in the data, and CSVs are chock-full of that information. Ensure your expert is labelling and summarizing what they did to produce them and cross your fingers for an expanded budget and timelines for the next round of hearings.
These are not hard and fast rules, and definitely not legal advice. But I think having navigated enough of these situations, and having more cases coming through the door all the time, they are simple guideposts I’ll be applying and refining further.
But not before I take a holiday first, so I’ll catch you all after that.