INTER-OFFICE MEMORANDUM

From: Graymond F. Martin
First Assistant District Attorney

Date: April 28, 2017

Re: REVISED WITNESS CONTACT POLICY

 

We want our witnesses to be cooperative and committed. Do all that you can to explain the process to the witness, maintain
good contact and relations with the witness and make sure that the witness is not unduly inconvenienced by the criminal

iustice process and is timely informed when that witness? appearance is not necessary? It has been brought to my attention
that some ADA's may be using forms to be delivered to witnesses in cases that may not have been approved by me as
appropriate. in order to eliminate confusion and controversy in order to communicate with witnesses it is best to ?rst resort to
victim witness counselor assigned to the case, next a letter to the last known address, next have your investigator locate the
witness and deliver a letter to the witness requesting that the witness appear at our of?ce, next try a personal visit to that
witness, next an Article 66 subpoena or a subpoena to appear at a court related proceeding and ?nally as a matter of last resort
if the evidence is strong that the witness is purposefully avoiding response to subpoena and that witness is material to our
presentation at trial have your supervisor approve an application to the court for a material witness warrant, after the warrant
is obtained one last effort to contact the witness prior to the execution of the warrant should be made where the witness is
informed of the legal peril and finally execute the warrant. After execution of the warrant all efforts to secure the testimony
required should made expeditiously within the requirements of the code. The witness should be released immediately after
the testimony is rendered and the material witness file shall be closed.

Please review and refresh your knowledge of the Louisiana Code of Criminal Procedure Articles: 66, 439, 731-745 8: R.S. 15:
257 258. We will discuss these articles and statutes at a refresher training in the near future.

some network. Please refrain from sending any "Notice to Appear?.

DATE

Name
Address

New Orleans, LA.
Re: State v.

Dear

 

I am writing this letter to you in reference to State of Louisiana V. . The
defendant, is charged with and
a trial date has been set for . I have attempted to contact you by
telephone, but my attempts have been unsuccessful.

Please understand that in order to prove this case against the defendant, you and your
witnesses (including your family members) will have to testify at trial. Consequently, it is
essential that I meet with you to assess your recall of the facts of this case in order to be ready
to proceed to trial. Therefore, I must speak with you before
to arrange a personal interview.

 

Should you fail to appear without prior communication with me by telephone or other means

your failure to communicate will likely compromise our ability to move forward with this
matter.

If you have any questions or concerns, I can be
District Attorney?s Office. The number to the 
speaking With you in the very near future. Thank

reached at any time at the Orleans Parish
f?ce is (504) 822-2414. I look forward to
you for your attention to this matter.

Sincerely yours,

Assistant District Attorney