Conducting an investigation

a. Initial investigation

• A postmortem exam shouldn’t be conducted until the circumstances of death are known.
• Medical history is often unavailable in case of animal victims. However, all the available records, witness statements, law enforcement reports, photos and videos should be reviewed before conducting necroscopy.
• Ideally, forensic veterinarian or pathologist is present on crime scene in order to observe and document findings, the scene is opertinent (relevant) in every case.
• It is important to note that if the deceased animal is owned. If owner is present, permission should be taken to conduct necroscopy. If permission is nor forth coming, law enforcement must be a search warrant in order to perform necroscopy.

b. Forensic photography

• It is the fundamental component of any necroscopy and crime scene investigation (CSI).
• Veterinarian, despite of being forensic veterinarian or pathologist, should also function as photographer.
• Photograph taken should be clear and accurate are presentation of what was observed.
• It is basics to understand the forensic photography and how to utilize camera property, ideally a digital single-lens reflex CDSLR.
• If a photographer is available, they should actively direct them to obtain necessary images.
• Regardless of whatever there are abnormal findings visible for all forensic necropsies, photographs should be created of the complete external surface of animal’s body as well as subcutaneous space and body cavities.
• As bleeding from cut blood vessels is impossible to avoid during necroscopy, all blood present in visual field as a result of necroscopy should be cleaned before photography so there will be no confusing animal.
• Stray instrument should also not be included in the visual field.

c. Forensic necroscopy

• Objective of forensic necroscopy is not only to establish the cause and manner of death, but also to recognize, identify, collect, preserve and examine physical evidences associated with death.
• Physical evidences encompass (includes) any tangible object that can provide whether or not a crime has been committed or can provide or disapprove a link between a crime and its victim or crime and suspect.
• Collection of evidence proceeds over the necroscopy. It includes diagnostic imaging examination of packaging materials in which body was found or submitted. Examination of both the external aspect of body and internal tissues, microscopic evaluation of major body organs and lesions, and possibly ancillary diagnostic testing such as parasitology, microbiology or toxicology.
• In some cases, forensic veterinarian or pathologist may collaborate with experts from other forensic disciplines such as ballistics or DNA analysis.
• All evidences collected during necroscopy must be maintained in a manner that ensures its integrity.
• Chain of custody refers to the chronological documentation of every person who has had contact with item from time it was seized or collected until it is disposed of. It includes how the item was packaged, persons involved, dates, times or purpose of all transfers.
• In following of the maintenance of chain of custody, evidence must be presented from the time it is collected until a conviction is final.
• Conviction will get final only when it is affirmed on appeal otherwise the case will be dismissed.
• In order to demonstrate that evidence has remained intact, forensic veterinarian or pathologist may be asked in court if the evidence presented was what they collected or received, the time and date that evidence was received or transferred to verify that the evidence was not tampered with while in their custody.

d. Report writing

• Forensic pathology report is critical to cases involving deceased animals.
• Purpose of report is to educate the investigator, prosecutor, defense attorney, judge or jury. It should be easily understood by this lay audience for which it is intended.
• Reports should be clear, though, reasonable and objective should be based on the facts of the case. These facts will come from available history, medical examination findings, crime scene findings, diagnostic test and forensic test results as well as potentially other sources.
• Forensic veterinarian or pathologist must remain impartial and only draw conclusions based on what the evidence shows.
• The responsibility to ‘prove’ or ‘disprove’ a case doesn’t lie on forensic veterinarian or pathologist. It is prosecutors duty to prove the case and the judge or jury’s duty to decide guilty or innocence.
• Forensic veterinarian or pathologist should simply present the facts and their interpretation or conclusion drawn from these facts.

e. Expert witness testimonies

• If unfamiliar, courtroom and legal procedures can be intimidating. So, veterinarian forensic or pathologic should have basic understanding of courtroom procedures.
• Understanding of courtroom procedures will help them to prepare for their roles in court.
• In most cases, the veterinarian will be casted to testify voluntarily by state or defense or involved involuntarily the witness and subpoenaed to appear before the court if they have assisted or have first-hand knowledge of individual animal or the incidence.
• In general, witness is of two types: Factual witness and Expert witness.
• Factual witness testifies only to what they have seen, heard, felt, smell, tested or did in association with event in question.
• Expert witness renders an opinion on evidence that basis within their area of expertise.
• A forensic veterinarian or pathologist often testify as both fact, expert witness as they will have direct and first-hand knowledge based on personal examinations and observations and are typically qualified as an expert based on their education and experience.
• Before appearing in court, veterinarian should meet with attorney retaining their services. This allows for the veterinarian to explain their testimony, practice direct examination, prepare for anticipated areas of cross-examination and become acquainted with likely sequence of events.
• Role of expert witness is to assist the trier of fact, in understanding the evidence or to determine fact in an issue. So, expert witness assists either the judge or jury in reaching a verdict by rendering an opinion on a fact in contention(argument).

f. Criminal proceedings ( in case of USA)

• There are variety of criminal proceedings that forensic veterinarian or pathologist may be involved. These includes grand jury or preliminary hearing, frye or Daubert hearing, jury trial, bench trial, sentence hearing or post-conviction proceeding. Also, a veterinarian may also become involved in a civil disposition hearing.
• Urand Jury is a process by which prosecution presents evidence to a jury in order to determine if there is probable cause to proceed to a trial. Purpose of grand jury is not to determine guilt or innocence. Here, prosecutor runs proceedings, but judge is not present.
• Preliminary hearing has same purpose but is heard and decided by judge rather than jury.
• Frye test determines whether the expert methods are generally accepted as reliable by relevant scientific community.
• In Paubert test, the judge must decide whether the underlying reasoning of the opinion in question is scientifically valid and whether it can be properly applied to the facts of the issue.
• In order to make this determination, the judge will consider whether the hypothesis can be tested, if methodology has been subject to peer review and publication, rate of error, existence and maintenance of standards and controls, and general acceptance by the relevant scientific community. Therefore, testimony must be based on sufficient facts and data as well as reliable principles and methods, not speculation or theories that can’t be tested.
• Criminal proceedings are either heard before a judge or a jury of the defense of request. A jury trial is heard in front of judge and jury, where jury decides guilt or innocence and makes recommendations concerning sentencing but ultimately the judge decides the punishment. A bench trial is heard and decided solely by judge.