Mitigation Support Investigations

Stephen J. Koenig

Certified Criminal Defense Investigator (CCDI)
Certified Forensic Interviewer – Forensic Testimonial Evidence Recovery (CFI-FTER)
Iowa – Licensed Private Investigator
Nebraska – Licensed Private Investigator

Steve Koenig is a private investigator who can provide mitigation support to Attorneys, Psychologists, and Mitigation Specialists. Information gathered during the initial criminal defense investigation will include documenting pertinent mitigation information related to the criminal offense. Steve can also gather other pertinent background information to be presented to the attorney and the specialist handling the overall mitigation evaluation.

Steve is an experienced fact-finder. Not a psychologist or a mental health specialist. If you need someone with that experience or education you should hire a Psychologist or a qualified Mitigation Specialist.

Mitigation Support Report

The following are mitigating circumstances that may prove relevant in capital cases. During the course of the defense investigation, mitigation information germane to these issues are noted – should they be found pertinent during the penalty phase. A Mitigation Specialist with psychological training and experience should be considered to evaluate the Mitigation Support Report and conduct clinical interviews of the defendant.

Minor Role: Defendant played a relatively minor role in the crime. Interviews of witnesses can help determine the defendant’s specific role in the incident.

Lack of Criminal Record: Defendant’s criminal record. Research can be conducted to verify if the defendant has had prior criminal cases in the United States.

Unusual Circumstance: Defendant committed the crime due to temporary emotional difficulty and significant provocation. This circumstance of the case had defendant acting out while under extreme stress.  Interviews of case witnesses will attempt to determine the defendant’s emotional state at the time of the incident.

No Harm or Harmful Intent: Defendant did not hurt anyone and/or committed the crime in a manner unlikely to cause harm.  Interviews of witnesses will assist in determining the defendant’s overall intent.

Relative Necessity: Defendant acted out of a desire to provide life necessities. Interviews of sources close to the defendant can assist in determining their personal financial situation.  

Remorse: Defendant accepted responsibility and showed remorse. Interviews of sources close to the defendant can assist in determining the defendant’s level of remorse in committing the criminal act.

Cooperation: Defendant assisted law enforcement with their investigation. Review of pertinent case discovery and interviews of investigating agents can assist in determining the defendant’s level of cooperation.

Difficult Personal History: Defendant’s personal history led to their criminal conduct. Violent acts may be attributable to abuse the defendant suffered as a child. The defendant’s educational, medical, and mental health history should also be examined.

Unlikely to Commit Another Offense:  The character and attitude of the defendant indicate that they are unlikely to commit another offense. The defendant’s conduct was the result of circumstances unlikely to recur.

Response to Treatment: The defendant is particularly likely to respond affirmatively to probationary treatment.

Addiction: Drug or alcohol addiction contributed to—but was not just an incentive or excuse to commit—the crime.  Interviews of family and other sources of information will assist in determining the defendant’s addiction status and history.

Victim Culpability: The victim willingly participated in the crime or initiated the events leading to it. Interviews of witnesses and other sources of information will assist in creating a clear picture of the victims roll in the incident.

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