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Currently, our policy states that all evidence must be submitted. I believe that this would include exculpatory evidence, i.e., DNA samples and prints. Nothing is withheld; it's all evidence.

Policy example below D (4 thru 6). Does it need to say “Exculpatory”? That seems odd; we don't have any words that say “Inculpatory?” It is all evidence. Your opinions and experience would be extremely beneficial. Thank you.

 

D. Investigators are responsible for investigating all cases assigned to them. Investigators shall 
keep case files and the CMS updated with the most recent information. Case files shall include:
1. A copy of all reports, statements, and records

a. CIS personnel will complete their supplemental report (s) within 5 business days.

b. Statements from any homicide investigation, where a suspect has been charged, will be 
transcribed and added to the case file. All other statements will be transcribed at the request of 
the prosecuting attorney.

2. The names of all persons involved with the case

3. Criminal histories as needed

4. A list of all evidence

5. Copies of all laboratory results
6. List of all items located in Evidence.com
7. Copies of all photographs & audio/visual recordings located in the Digital Information 
Management System (DIMS)
8. Miranda waiver documents
9. Medical records

10. Any other items deemed necessary by the investigator

 

One of the main points of this standard was to include post conviction exculpatory evidence or exculpatory evidence that was not part of an initial submission.  We added a definition and also added process whereby a separate investigator would have to review the circumstances around exculpatory evidence that was found later - to ensure that there was nothing overlooked, neglected (or worse) on the part of the initial case investigator. 

Even though all evidence is important, the standard seems to say that exculpatory evidence is worthy of a separate and clear statement.  

I do not believe you need to include the word (exculpatory) to the directive. As you said, it is all evidence. Whether the evidence becomes exculpatory or not, is irrelevant. It would all still need to be entered, documented and kept. 

I concur with Lt. Gould. If you don’t already have a general definition of “evidence,” add one to your written directive inclusive of exculpatory. 

Our policy treats exculpatory evidence as evidence that must be submitted. However, there are more steps that must be taken upon the discovery of exculpatory evidence. If you wish to see our polices, feel free to reach out, KellyHolley@KingsportTn.gov  . 

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