How can I obtain a copy of a witness statement???

[mullinax864]

Not sure if I posted this in the right area, but..

There was an incident that took place last year involving my fiance. I obtained a copy of the incident report that included the details of the matter between him and the other person involved in the altercation. There were 2 witnesses named on the incident report. The police agency that has the record told me that one of the witnesses filed a statement about the altercation, but they were not allowed to give me a copy of it. Any suggestions?

 

[LdiJ]

Not sure if I posted this in the right area, but..

There was an incident that took place last year involving my fiance. I obtained a copy of the incident report that included the details of the matter between him and the other person involved in the altercation. There were 2 witnesses named on the incident report. The police agency that has the record told me that one of the witnesses filed a statement about the altercation, but they were not allowed to give me a copy of it. Any suggestions?

Why do you want the statement? What is your purpose? Your purpose matters regarding what advice we would give you.

 

[mullinax864]

Why do you want the statement? What is your purpose? Your purpose matters regarding what advice we would give you.

Well, call me nosey, but Im needing it for my personal reference to hear from everyone what actually happened. There's different stories floating around and I'm just curious to see what the witness had to say about it. The same girl is still harassing us to an extent and I may be pressing charges on her in the future for it. So I would just like to have any information I can for future reference also.

 

[Ladyback1]

Well, call me nosey, but Im needing it for my personal reference to hear from everyone what actually happened. There's different stories floating around and I'm just curious to see what the witness had to say about it. The same girl is still harassing us to an extent and I may be pressing charges on her in the future for it. So I would just like to have any information I can for future reference also.

If you have a copy of the original incident report, when you go to file a complaint this time--make sure that you reference that report with the incident number and the date of the incident. Witness statements aren't necessary.

Witnesses statements are usually considered confidential and even if you did obtain them they would probably be heavily redacted (unless you were actually directly involved in the incident)...Which leads me to another "thing":
Unless you were directly involved, you have no right to the witness statements. Do you actually have the police report (which I'm sure you got from your other half) or just a copy of the call for service (initial report)?

 

[CdwJava]

Not sure if I posted this in the right area, but..

There was an incident that took place last year involving my fiance. I obtained a copy of the incident report that included the details of the matter between him and the other person involved in the altercation. There were 2 witnesses named on the incident report. The police agency that has the record told me that one of the witnesses filed a statement about the altercation, but they were not allowed to give me a copy of it. Any suggestions?

If the agency refuses to provide this information, and your state has no law allowing you to go to court to force them to release it, or the incident is not subject to release for whatever reason, than you are out of luck.

If her previous report was part of a criminal complaint then the court might have a record of the report and it should be a public record (unless the parties are juveniles).

If the report is subject to release, and you have the money for an attorney, you can seek to have a court order the release of the report if you want to go that route.

 

[swalsh411]

Have you ever stopped to consider that when a person gives a statement to the police there is some expectation of confidentiality? Put yourself in the situation of a person asked to give a statement to police regarding something you witnessed but were not involved with. You don't really want to be involved, but you want to do the right thing. Do you think you would be open and truthful if you knew that any yahoo (no offense) could come along and get a word-for-word copy of what you told the police? Don't you think this may have a major chilling effect on what witnesses are willing to tell the police?

 

[HighwayMan]

When the case goes to trial the witness will testify and you can hear what this person has to say... - and your fiancee's attorney will get a chance to cross examine him/her.

 

[las365]

Well, call me nosey, but Im needing it for my personal reference to hear from everyone what actually happened. There's different stories floating around and I'm just curious to see what the witness had to say about it. The same girl is still harassing us to an extent and I may be pressing charges on her in the future for it. So I would just like to have any information I can for future reference also.

If you don't trust your fiance's version of events, and there is continuing drama with his ex-girlfriend that is so dire you think criminal charges are appropriate, I say break up with this guy and run, Run, RUN down the road. You don't need this.

 

[startedone]

Perform a FOIA request ... if you have a criminal charge against you then you can ask for it in discovery..the FOIA request may be denied with an exemption but you will learn something from this and have an appeal available.

 

[Zigner]

Perform a FOIA request ... if you have a criminal charge against you then you can ask for it in discovery..the FOIA request may be denied with an exemption but you will learn something from this and have an appeal available.

You didn't happen to READ the thread, did you?

 

[swalsh411]

You didn't happen to READ the thread, did you?

That's not his style. He prefers to just take a wild stab based on what the voices in his head are telling him that day. I feel terrible for anybody who has ever taken his "advice".