Good inquiry requires a committed investigator who withholds judgment and has a strong work ethic.
Finding the truth is rarely as simple as expressions like “connect the dots” or “follow the money” suggest. When it comes to criminal law, the pursuit of justice is about discovering the truth and holding someone accountable for a crime.
For a criminal case, this process starts with the inquiry phase. During this phase, an investigator must be committed to the truth. This may seem obvious, but a lazy investigator can set a low bar for satisfactory evidence, and jump at the first chance to close a case. However, even a committed investigator can fall short as a result of their biases or presumptions about guilt and innocence. The author learned this lesson decades ago.
In 1989, he received a call from Jessica, a friend who was shocked to learn that two people she knew, a married couple by the name of Jose and Kitty Menendez, had been brutally murdered in their living room. When the police eventually arrested Jose and Kitty’s children, Lyle and Erik, for the crime, Jessica couldn’t believe it. She wondered how the police could get things so wrong.
Despite Jessica’s firm belief that the sons couldn’t have murdered their parents, they had. In 1996, the brothers were finally convicted after confessing to the crime. This was the first time the author understood that one can never be completely sure of what someone else is capable of, and should always withhold one’s presumptions of guilt and innocence.
Another hallmark of a committed investigator is their work ethic. One of the most esteemed investigators in this regard is Kenny McCabe. Before he passed away in 2006, Kenny McCabe was a living legend for working on cases involving the five mafia families: Gambino, Bonnano, Genovese, Lucchese and Columbo. Yes, McCabe was a real-life “mob buster,” and he was famous for his meticulous and detailed work. Not only did he have files and photos on just about everyone, but he could also tell you how high or low a mobster’s ranking was just by observing their behavior.
McCabe never cut corners. He put in the work of collecting one piece of evidence at a time and building a case. In fact, he was so good at his job, that even the mobsters had respect for him. If they got busted by McCabe, they knew they’d been caught fair and square.
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