
Answering Writers’ Questions: Finding Evidence Months After a Crime
Updated June 18, 2012
Below we’ve posted several writer’s questions and our answers about evidence and cheating spouses. We provide background to some of the questions in brackets.
[This first question was in response to our describing how PIs might find evidence months after a crime has occurred. In this instance, Shaun, one of the Guns, Gams, and Gumshoes's PIs, found a .44 casing outside our client's residence]
WRITER’S QUESTION: In the case where Shaun found the .44 casing … did he leave it alone and call the police so they could photograph it in place? Or did he take pictures of it and put it in a bag and take it to the police? What happened?

The casings proved that the neighborhood was crime-ridden
GUNS, GAMS, AND GUMSHOES’S RESPONSE: The .44 casing was found months after the charged crime and it was not material evidence in our case. The casing was proof that the neighborhood where this occurred was extremely crime-ridden and our client had a reasonable belief that he had to resort to deadly force to protect himself and his son. Had the casing been found the morning after the confrontation where our client shot his .357, I most certainly would have contacted the police and left the casing where it was found for the police (as well as taken a photo of it for our client’s attorney). As it was, even though I found it months later, I photographed it before I touched it, then forwarded the photograph to the attorney. To bring this story up to speed, this case is going to trial next month, and the photograph has been listed as evidence (I’ll also be testifying about the nature of the neighborhood and how I found this casing).
WRITER’S QUESTION: Couldn’t the defense (or prosecution depending which side your client was on) claim that the casing had been placed there later? Or was from a different incident at another time?
GUNS, GAMS, AND GUMSHOES’S RESPONSE: In this case, our client was the defense attorney, and it doesn’t matter how the casing got there months later–what matters in this particular case is that it shows how reasonable our client was in pulling his gun in self-defense.
Answering Writers’ Questions: Cheating Spouses
[This next question pertains to our sharing a story how we interviewed the "other woman" in a cheating spouse case]
WRITER’S QUESTION: And about interviewing the woman in the cheating husband case – I take it there’s no concern about tipping off the cheating husband that he’s being investigated?
GUNS, GAMS, AND GUMSHOES’S RESPONSE: For this case, no, as he’d already seen the photographs (because his wife had filed for divorce and her attorney had the photographs) by the time we’d interviewed the “other woman.” Generally speaking, however, we wouldn’t want to tip off the cheating spouse that they’re being investigated.
WRITER’S QUESTION: Have either of you ever been threatened by a spouse who has been caught? Or by the person they’ve caught them with? Without wanting to give away too much from my WIP, I’m thinking that might be a possible threat to my guys. I’m just wondering if it’s a credible storyline that the cheater might go after you guys for destroying their marriage.
GUNS, GAMS, AND GUMSHOES’S RESPONSE: The “other woman” in the case we’ve been discussing was also married, and she contacted us saying she’d hired an attorney and we were to not contact her (the other woman) again for any reason. Truth be told, we didn’t believe she’d hired an attorney and that she was bluffing because she was scared, but we had no reason to contact her again (after interviewing her) and in fact, we felt sorry for her (she had two young children, and her husband was devastated that his wife had fooled around). I think it’s very credible in a storyline that the other woman or other man might get so freaked out, have so much to protect, that they’d go after the PI. We’ve been threatened in other situations that weren’t cheating spouse cases (we’ve had dogs sic’d on us during process services, and Shaun once had a woman follow him, pounding her fists on his back, after he served her legal papers). The worst threat by far was a case where the woman to whom we served a restraining order mounted a full-on cyber-stalking attack on our business/reputations.
That’s quite a note to end this post on! But we’ll save cyber-stalking for another post.
Have a great week, Writing PIs

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