From the Cactus Mailbag

From John Farnam: 18 June 06

Answering Investigator Questions, Comments from a Seasoned Investigator:

"Most 911 operators, and, later, investigators, are going to ask you,
"Did you shoot him?' after you report a burglary and shooting on your
property.

Answering 'yes' or 'no' are equally ill-advised. Not long ago, two
of our uniformed officers confronted a robbery suspect in a crowded
bar. The suspect reacted by shooting at both officers, at close
range, with a 32ACP pistol. Our officers immediately returned fire,
killing the suspect (or so we thought, as he went right down). Both
officers later told investigators that they were absolutely sure they
had shot him, multiple times.

However, the autopsy revealed the suspect actually died from a
single, self-inflicted, 32ACP gunshot wound to the head. Our
investigation disclosed that both officers had missed with all their
shots! The suspect had actually committed suicide while our officers
were shooting at him! Neither of our officers, nor any of the other
witnesses, fully understood what had happened.

So, the correct answer to, 'Did you shoot him?' is 'I don't know,'
even when you're sure you saw the suspect fall. He may have fainted,
or collapsed from a drug overdose, at the moment you fired. Someone
else may have fired at the same instant you did. For that matter,
you may only think you fired your gun. People have been mistaken
about that too! When circumstances get exciting, you can't even
rely on your own perceptions.

Thus, one of the most important things to practice (along with
shooting skills) is POLITELY DECLINING TO ANSWER QUESTIONS, with
responses like, 'Officers, I've already asked for my lawyer. I don't
want to answer any questions until he is personally present' and/or
'I'm not feeling well. I need to go to a hospital. Please summon an
ambulance for me'

Once damaging statements come out of your mouth, neither you nor your
lawyer can stuff them back in!"

Comment: As President Lincoln said, "Better to remain silent and be
thought a fool, than to open your mouth and remove all doubt!"

Who's John Farnum?