They Will Try to Hide the Truth
When an inmate dies, the "Official Release" from the Sheriff usually says something vague like "medical incident" or "found unresponsive." This is rarely the whole story.
Step 1: The Spoliation Letter
This is the most important legal document in the early case. It is a formal demand sent by a lawyer to the Sheriff and County Commissioners. It forbids them from:
- Deleting security camera footage (which often auto-deletes in 30 days).
- Destroying medical logs or "kites" (inmate request forms).
- Transferring or firing key witnesses.
If you do not send this, the video will disappear.
Step 2: The Independent Autopsy
The State Medical Examiner will perform an autopsy. However, they are overworked and sometimes miss subtle signs of trauma or neglect. In suspicious cases, we hire a private pathologist to perform a second, independent autopsy before the body is buried or cremated.
Step 3: Finding Witnesses
The best witnesses are other inmates. But they get released or transferred quickly. We hire investigators to:
- Find cellmates who were there.
- Interview them before they are intimidated.
- Secure affidavits about what they saw/heard (screaming for help, guards laughing, etc.).
Do Not Wait for the OSBI
The jail will tell you, "The OSBI is investigating, we can't tell you anything." This investigation can take 6-12 months. Do not wait for their report to start your own. By then, the civil evidence may be gone.