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EVIDENCE TRANSFER
One Expert's Experience
Cleaning Evidence - Do not clean or alter evidence. Attorneys, accident investigators and other “on scene” people all have a
tendency to save expenses by “being helpful” and “cleaning” the evidence. PLEASE DON’T! If evidence cleaning is not conducted under controlled conditions, it can remove important,
even vital information. Improper cleaning can also contaminate a metal fracture surface. I recently analyzed some aluminum casting failures which had occurred in an automobile manufacturer’s painting operation. In
order to “save expense and help the expert,” the plant operating personnel cleaned the casting and fracture surface by “glass bead blasting” the casting failure fracture surface. The fracture details required to analyze the
cause of failure were completely obliterated by the cleaning process. Please do not clean the evidence!
Physical Transfer - Person to person physical transfer of evidence is safest. Transfer is a “many a slip between the cup and the lips” thing. Recently, I had a large item shipped about 1,000 miles to our laboratory in Dallas. The crate arrived after our office closed for the day. A handwritten note was left by the shipper on the door with no information as to the address, phone number or shipping contact information. After about 10 days and many phone calls, the crate with contents safe and sound finally arrived at J.E.I. Metallurgical. Sometimes direct physical transfer from one expert/person to another expert/person cannot be achieved. Under those circumstances, take precaution against loss, as the evidence cannot be replaced.
Transit time - Minimum transit time is best. It is always best to have physical transfer from person to person (see 2 above). However, on many occasions evidence transfer must be done by a commercial carrier. Ship overnight if at all possible. It is always best to have any and all evidence in the hands of unconcerned parties for a minimal amount of time.
Always photograph evidence being shipped – If the evidence
should become “misplaced,” having a good photograph can assist in recovery efforts. If worst comes to worst, and the evidence remains lost, at least you will have a picture (which we know “can be worth a
1000 words”). I suggest using a good digital camera so the photos can easily be e-mailed.
Carrier (Use a carrier appropriate to the evidence) – Use appropriate carrier to transport the evidence. It is not necessary to ship a hammer on a pallet by air freight, Federal Express (FedEx) will work fine. Likewise, a set of dual truck tires and/or a truck axle are best shipped in a crate by air freight. Crating protects the evidence from contact with “foreign” objects. I prefer Federal Express for small items and door-to-door Air Freight (single carrier) for large items.
Shipping Container - Pack, label and box the evidence appropriately. – Recently, a client sent a piece of evidence via the United States Postal Service (U.S.P.S.). The cardboard box arrived empty. A heavy piece of evidence had “broken out” of its shipping box. At least the U.S.P.S. was kind and observant enough to tape up the three edges of the EMPTY, torn box! However, the evidence was lost has
as yet to be found. Make sure you label actual contents with a contact phone number or address and please do not skimp on package and filler material. When in doubt, OVER PACK and use a bigger, heavy duty box. Many times I have a wooden crate constructed for outbound evidence if it is heavy or very fragile.
Require a receipt signature – To assure a chain of custody, require a signature by the receiving party. In my experience (and this is just my experience), some “overnight” and “air freight” carriers just “drop it at the door”. Last Christmas, someone graciously sent me a New York Cheesecake. The shipper dropped it at the front door, where it stayed for three days as we go in and out of our side door. Please require a signature by the recipient. Also, DO NOT ship evidence via the U.S.P.S. Tracking is very difficult and it’s easy for them to leave a slip in the mail box requiring the recipient to wait in long lines at the post office to pickup the package.
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 Dr. R. Craig Jerner, Ph.D., PE specializes in accident investigation and metallurgical
failure analysis, with over 30 years experience as a metallurgical consultant and accident investigator. He has testified as a metallurgical expert in over 250 depositions and
more than 70 court appearances. If you or someone you know should need the services of Dr. Jerner and J.E.I. Metallurgical, please visit our web site at the buttons below, or e-mail Dr. Jerner --- r.c.jerner@metallurgist.com |
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