Lawyers Manual - Unified Court System

Beyond Victims’ Testimony 209
would necessarily suffer from a particular injury in an attempt to satisfy the
element of physical injury in an assault charge. In addition, an expert witness
may be able to say that bruises form a particular pattern such as thumb and
fingerprints on the victim’s neck. 21
Aside from their utility as evidence at trial, photographs depicting a victim’s
injuries can be essential to obtaining a plea. In one case I prosecuted, a husband
stabbed his estranged wife to death in her bathroom. His defense was that she
came at him with a knife and he wrestled it from her and stabbed her accidentally.
During jury selection, his attorney asked me for a few of the 8 x 10 color
photographs that depicted the bloody crime scene and his wife’s body and took
them into his client in the lock-up. The defendant pleaded guilty to murder in
the second degree about twenty minutes later.
Crime Scene Investigation
Proper crime scene investigation and collection of evidence can be critical
to a successful prosecution of a domestic violence crime. Evidence collection
may include taking photographs, collecting physical evidence and recording
testimonial and documentary evidence. 22
If the victim calls the police and allows officers into the home where the
abuse occurred, she can consent to a search and officers can collect evidence.
Photographs should be taken of the victim and the scene where the abuse
occurred. For example, if there is blood present or evidence of an altercation
such as smashed glass or broken furniture, that should be memorialized by
entries in police reports and photographs. This can be used to establish the
elements of burglary, criminal mischief, assault or criminal contempt. Damage
or destruction of property leaves tangible evidence that can be seen by police or
other witnesses and can be instructive on the level of the rage of the offender. 23
Any witnesses who heard or saw the abuse should be interviewed as soon as
possible. Officers should seize any weapons that may have been used in the
attack, items that may contain the fingerprints if the offender entered the
premises unlawfully (i.e., in violation of an order of protection), or bedsheets
or clothing if there was a sexual assault. Evidence of unlawful entry may also
support a burglary charge. 24
Police must ordinarily obtain a search warrant if there is no consent to search
the premises. However, exigent circumstances may exist that would be an exception
to the warrant requirement. 25 If a neighbor calls to report screaming and what