Failure to investigate

We hear a lot about the sufficiency of OSI, NCIS, CID investigations these days because of the sexual assault cases.  Generally the assumption is that the failure to investigate aids the accused.

I disagree that it always aids the accused.  There are many times the failure is in discovering helpful evidence.  Recently (thank you) had an IO point that out.

So, here is a NY civilian IAC case that highlights.  Sadly, it is an IAC case.  But where were the police and where were the prosecutors.

Military investigators, prosecutors, and commanders are told to believe the victim.  Well, a situation like the reported case is also a consequence of this failure.

A federal judge this week threw out the conviction of a 66-year-old Long Island man found guilty in 2008 of molesting his granddaughter and two of her friends after defense lawyers investigated a serial number on the back of a photograph that refuted a key portion of the prosecution’s case.

http://lawprofessors.typepad.com/crimprof_blog/2013/08/ineffective-assistance-where-defense-fails-to-investigate-prosecution-evidence.html