SUGGESTED QUESTIONS FOR A STRANGULATION VICTIM

Diana K. May

Chief Trial Deputy District Attorney, 4th Judicial District

  1. Describe how you were strangled (Have them also demonstrate it).
  2. Manual: One or two hands? Other part of body used? Front? Back?
  3. Ligature: Was an item used? Where did it come from? Where is the item? How was it used?
  4. How long did the strangulation occur?
  5. Describe how much force/pressure was used?
  6. How many times did he attempt the strangulation?
  7. Describe your physical injuries? Show them to me.
  8. Were/are you having problems breathing?
  9. Were/are you having problems swallowing?
  10. Did/do you have pain in your throat?
  11. Were/are you having problems talking? Is your voice normal? Raspy/Hoarse?
  12. Have you been coughing since the strangulation? Coughing up any substance?
  13. Did you vomit? When? What? Feel nauseous?
  14. Do/did you feel dizzy?
  15. Did you “pass out” (loss of consciousness)? For how long?
  16. Did you urinate or defecate? Where? On What? (Explain why you are asking this first).
  17. Are you pregnant? Could you be pregnant? (Explain why you are asking this first).
  18. Were you physically shaken during the strangulation? Thrown against anything?
  19. Did you attempt to protect yourself while you were being strangled? Did you cause any injuries to him while you were protecting yourself? Where?
  20. Did he say anything before he strangled you? What? What did he say while he was strangling you? After?
  21. Did you have any jewelry on? What? Did it come off during the strangulation? Where is it?
  22. Did he have any jewelry on? What? Did it come off during the strangulation? Where is it?
  23. Did your or his jewelry leave any injuries on you?
  24. Was anyone using alcohol or drugs?
  25. Did you call 911? Did anyone call 911?
  26. Witnesses? Who?
  27. Did you speak to anyone else about this? Who?
  28. Have you been strangled before? When? Where? Did you report it to anyone?

DA CHECKLIST FOR A STRANGULATION CASE

Diana K. May

Chief Trial Deputy District Attorney, 4th Judicial District

  1. VERIFY CORRECT CHARGES
  1. Do you have enough for Felony Charges?
  2. What Felonies?
  1. VICTIM CONTACT
  1. SERIOUS BODILY INJURY FORM SIGNED BY DOCTOR
  1. MEDICAL RELEASE FORM SIGNED BY VICTIM
  1. Medical Records
  2. Ambulance Records
  3. Fire Department Records
  1. PICTURES/VIDEO
  1. Before – by officer
  2. After – follow up
  1. 911 TAPE
  1. VERIFY EVIDENCE COLLECTION
  1. MEDICAL EXPERT
  1. Case Specific vs. General Expert
  2. Doctor/Coroner
  3. Areas of Expert Testimony
  1. Mechanics of Strangulation – educate jury
  2. Signs and Symptoms of Strangulation
  3. Opinion as to SBI
  4. Corroboration of V’s Statement/Injuries
  5. Testimony concerning the Ligature
  1. Discovery Packet/C.V. of Expert
  2. General Areas to Cover/Questions
  1. Qualifications
  2. Education/Training/ Experience on Strangulation Cases
  3. Number of Strangulation Vs
  4. Offer as Expert
  5. Describe the Mechanics of Strangulation
  6. How does a body respond to being strangled?
  7. Will there always be marks?
  8. Describe the injuries on victim (if victim died, internal and external results of autopsy)

DA CHECKLIST FOR A STRANGULATION CASE - continued

Diana K. May

Chief Trial Deputy District Attorney, 4th Judicial District

  1. SBI? (if victim died, cause/manner of death)
  2. Injuries consistent w/ being strangled?
  1. LAW ENFORCEMENT EXPERT
  1. Case Specific vs. General Expert
  2. Areas of Expert Testimony
  1. Educate jury on uniqueness of investigating strangulation cases
  2. Educate jury on signs/symptoms of strangulation
  3. Observation of victim/suspect/scene and how this corroborates victim’s statement
  1. Discovery Packet/C.V. of Expert
  2. General Areas to Cover/Questions
  1. Qualifications
  2. Education/Training/ Experience on Strangulation Cases
  3. Number of Strangulation Cases you Investigated
  4. Offer as Expert
  5. Have you always seen injuries on a strangulation victim?
  6. Description of victim’s emotional state/injuries
  7. Description of scene
  8. Description of defendant’s emotional state/injuries
  9. Consistent w/ strangulation?
  1. D.V. EXPERT
  1. Evaluate Case to Determine if D.V. Expert is also needed
  2. Discovery Packet/C.V. of Expert
  1. CBI TESTING
  1. DNA/Blood/Skin cells
  2. Trace Evidence
  3. Bodily fluids
  4. Test Results/Discovery Packet/C.V. of Expert
  5. Do you need a Rule 16 Discovery for Defendant’s Samples
  1. SIMILARS
  1. Priors to police
  2. Priors to d.v. centers
  3. Priors with witnesses
  4. Priors w/o witnesses
  1. MOTIONS
  1. Crawford Motions?

DA CHECKLIST FOR A STRANGULATION CASE - continued

Diana K. May

Chief Trial Deputy District Attorney, 4th Judicial District

  1. Hearsay Motions?
  1. CONFIDENTIALITY RELEASE SIGNED FOR D.V. CENTER (if applicable and needed)
  1. MEET WITH/EDUCATE OFFICER(S)
  1. MEET WITH ALL EXPERTS
  1. CHARTS/DIAGRAMS FOR TRIAL
  1. Crime Scene
  2. Neck Diagram
  3. Pounds of pressure Diagram

18. PLEA BARGAIN?