Steve Koenig has spent his career as a fact-finder. Mitigation evidence may play a significant role during plea negotiations and sentencing. Steve can gather the necessary mitigation evidence to accurately present the defendant’s life history.
*Steve Koenig is not a trained mental health expert. Steve is a fact-finder.
MITIGATION SUPPORT INVESTIGATION
- Interview Defendant
- Interview Family Members, Associates, and Co-Workers
- Gather Medical & Mental Health Records
- Family History Information
- Educational History
- History of Physical, Mental & Sexual Abuse
- History of Addiction – Drugs / Alcohol / Sex
- Exposure to Toxic Substances
GUIDELINE 10.11 – THE DEFENSE CASE: REQUISITE MITIGATION FUNCTIONS OF THE DEFENSE TEAM
A. It is the duty of the defense team to aid counsel in coordinating and integrating the case for life with the guilt or innocence phase strategy.
B. The defense team must conduct an ongoing, exhaustive and independent investigation of every aspect of the client’s character, history, record and any circumstances of the offense, or other factors, which may provide a basis for a sentence less than death. The investigation into a client’s life history must survey a broad set of sources and includes, but is not limited to: medical history; complete prenatal, pediatric and adult health information; exposure to harmful substances in utero and in the environment; substance abuse history; mental health history; history of maltreatment and neglect; trauma history; educational history; employment and training history; military experience; multi-generational family history, genetic disorders and vulnerabilities, as well as multi-generational patterns of behavior; prior adult and juvenile correctional experience; religious, gender, sexual orientation, ethnic, racial, cultural and community influences; socio-economic, historical, and political factors.
C. Team members must conduct in-person, face-to-face, one-on-one interviews with the client, the client’s family, and other witnesses who are familiar with the client’s life, history, or family history or who would support a sentence less than death. Multiple interviews will be necessary to establish trust, elicit sensitive information and conduct a thorough and reliable life-history investigation. Team members must endeavor to establish the rapport with the client and witnesses that will be necessary to provide the client with a defense in accordance with constitutional guarantees relevant to a capital sentencing proceeding.
D. Team members must provide counsel with documentary evidence of the investigation through the use of such methods as genealogies, social history reports, chronologies and reports on relevant subjects including, but not limited to, cultural, socioeconomic, environmental, racial, and religious issues in the client’s life. The manner in which information is provided to counsel is determined on a case by case basis, in consultation with counsel, considering jurisdictional practices, discovery rules and policies.
E. It is the duty of the defense team members to aid counsel in the selection and preparation of witnesses who will testify, including but not limited to: