M[rbTErnS PWEPrnD FOR ANNUALk CAPITAL DEFENSE TRAINING SElMINM J]EI(YkL ISLAM), GEORGIA

BY SCHARLETTE HOLDMAN CENTER FOR CAPITAL ASSISTANCE 529 CASTRO STREET SAN FRANCISCO, CALIF'ORNIA 94114 415 621 8860 Scharlette@mitigate.com

-NUTSAND BOLTS OF CONDUCTING A SOCIAL HISTORY

1. Basic Resources Records to Obtain Sample Release Sample Release for FOIA Social Security Records Information Sample Request Letters for Birth, Employment, Marriage, Medical, and Prison Records 2. Sample Story of Death and Illness 3. Open Ended Questions

Confidential: Attorney Work ~ r o d k c t To: From: Re: Date: Defense Counsel Scharlette Basic references for life history documents Spring 2001

INTERNATIONAL VITAL RECORDS HANDBOOK

Thomas J. Kemp

AMERICAN HOSPITAL ASSOCIATION GUIDE

Chicago, Illinois

AMERICAN CORRECTIONAL ASSOCIATION

Washington, D.C.
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MEDICAL ACRONYMS AND ABBREVIATIONS

(301) 918-1800

PHYSICIAN'S DESK REFERENCE STEDMAN'S MEDICAL DICTIONARY CHILD MALTREATMENT: CLINICAL GUIDE & PHOTOGRAPHIC REFERENCE
G.W. Medical Publishing, Inc.

TRAUMA AND RECOVERY

Judith Herman

Adoption Autopsy Banking Birth Certificate Death Certificate Dental Employment, Soc Sec, Wkman Comp, Unemp Food Stamps Immigration Jail Juvenile Court ~uvenik Prison
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Aid to Fam,ilieswith Dependent Children Bankruptcy Birth Medical Records of Mother & Child Court: Civil,.Family, Criminal, Probate, Federal, Bankruptcy, State, County, Juvie Divorce Driver's License
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Foster Care Internal Revenue Service Job Corps Juvenile Detention Law Enforcement: FBI, DEA, INS, Border Patrol, Sheriff, Police, Highway Patrol Marriage CertEcate

Mental Health (Reports, Raw Data) Medical (Clinic, Physician, Film, Hospital) Military
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Prior Counsel, Public Defender, Prosecution Probation & Parole School, Voc Ed, Com College, College Social Service Utilities, Telephone, Sanitation

Prison Real Estate, Rental Selective Service Unemployment

AUTHORIZATION FOR RELEASE OF CONFIDENTIIAI, INIFOWATION AND RECORDS

Date: To: Date of Request for Records) (Agency in Posssession of Records) (Address of Agency)

Re:

Records for (Name of Person)

I, (Name of Client or Person Whose Records Are Being Requested), by this release or a photocopy or facsimile thereof, authorize and request you to release to (Counsel. investigator, mitigation specialist. paralegal's names) or their designated representatives any and all s information relating tom Requested') including, but not limited to, academic, adoption, law enforcement (including, but not limited to arrest and incident reports), FBI, immigration, Immigration and Naturalization Service, psychological, psychiatric, medical, correcti&l, drug and alcohol rehabilitation programs, employment, unemployment, workers' compensation, social security and earnings information, military, and probation records, as well as any files prepared in connection with prior civil or crimihd litigation. This document also authorizes any treating doctors, experts or other personnel to discuss their otherwise confidential information with the above-mentioned legal representatives. In consideration of such disclosure, I hereby release you (in your individual andlor institutional capacity) fiom any and all liability arising fiom the disclosure of otherwise confidential information. You are specifically authorized to photocopy these records and to release copies to the above-mentioned legal representatives. Signed:

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. J

AKA:
Social Security Number:

Date of Birth

AUTHORIZATION FOR RELEASE OF RECORDS

TO:

F O W AU n i t ,Federal Bureau of Investigation United States Department of Justice

Records of James Willis Johnson a/k/a Willie James Branner August 11,2000 You are hereby authorized to release to attorneys James Lohman, James Pultz and

RE:
DATE:

Douglas Welch, and investigator Scharlette Holdman of the Center for Capital Assistance; and

i r m of Quinn Emanuel attorneys David Eiseman, A1 Bedecarre and W. Paul Schuck of the law f
Urquhart Oliver & Hedges, andlor their agents and representatives any and all records, documents or the like, which are in your possession. You are further authorized to discuss these records, documents and the like, and any other matter pertaining to or concerning me, with said representatives. I further ask that you assist them in their investigation. James Willis Johnson W a Willie James Branner SS#: 499-80-18 DOB: 12/2/49 (or 3/21/50) Place: St. Louis, Missouri FBI #: 903 370 G STATE OF CALIFORNIA ) ) ss: COUNTYOFMARIN ) Sworn to and subscribed in my presence by James Willis Johnson a/k/d Willie James Branner, personally known to me, this day of August, 2000. NOTARY PUBLIC

SOCIAL S X C W W mcoms Note: Request for client, client's family. Phone # of Baltimore office: Detailed, certified, regular mail: Social Security Administration P.O. Box 129 Baltimore, Maryland 21235 Social Security Administration 300 North Greene Street Baltimore, Maryland 2120'1 Nancy Brown Social Security Administration, Palm Springs Tel: (619) 325-7674 Fax: (619) 322-6927 Office of Disability 1500 Woodlawn Drive Baltimore, MD 21241 Federal Office of Disability: (800) 772-1213 Los Angeles: John Muratalla, Human Resources (818) 357-9980 ext. 293

Detailed, certified, FedEx:

Summary, medical:

Disability:

CENTXR FOR CAPITAL ASSISMWE 529 Castro Street San Francisco, California 94114 Telephone: (415)621-8860 Facsimile: (415) 621-8330 . .

January 30,1996
Office of the State Registrar of Vital Statistics. Department of Health Services 304 S Street P.O. Box 730241 Sacramento, CA 94244-0241 To Whom It May Concern: I am writing to request certified copies of the original birth certificates for the following individuals: John Smith DOB: 6130153 Jane Smith DOB: 8/20/53 Junior Smith DOB: 7/3/91
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I would also like a certified copy of the marriage ceritificate for :

John Smith and Jane Smith DOM: 6/12/79

I have enclosed the necessary applications for these copies, along w i t h a check for $48.00 and a return self-addressed-stamped envelopefor your convenience.
I appreciate your assistance. Please do not hesitate to call me .if you have any questions or require additional information. Sincerely,

Susan K. Marcus Enclosures

CENTER FOR CAPITAL ASSISTANCE 529 Castro Street San Francisco, California 94114 Telephone: (415) 621-8860 Facsimile: (415) 621-8830

April 2,2001

Showbiz Pizza Time Inc. Chuck E. Cheeses 4441 W A q o r t Freeway PO Box 152007 Irving, TX 75015 Re:,

Jane Smith (other possible last name: Doe) DOB: 9/28/70 SSN: 546-41-4534

To Whom It May Concern: This office is assisting the attorneys representing ,Ms. Smith's brother in federal court. Ms. Smith worked for your company in 1988. I am writing to request a certified copy of any and all records you have for Ms. Smith. I have enclosed a release signed by Ms. Smith authorizing you to release her empioyee files to me andforthe attorney I work for, Karen Kelly. Please include all the records you have for Ms. Smith, including personnel evaluations,job'descriptions, salary reviews, payroll receipts, W-2 forms, employee complaints, disciplinary actions and Worker's Compensation claims. As we-are working under a strict deadline, it is imperative that we receive these records as soon as possible. When the requested records are ready, simply call Federal Express at (800) 2385355. Give them our account number (XXXXXXXXX-9) and all charges will be billed to our office. Should you have any questions or foresee a delay in processing this request, please do not hesitate to call me at (415) 621-8860. Thank you very much for your assistance. Sincerely, Susan Investigator SI Enclosures

CENTER FOR CAPITAL ASSISTANCE 529 Castro Street San Francisco, California 94114 Telephone: (415) 621-8860 Facsimile: (415) 621-8830

January 2,2001 Office of Vital Records and Statistics 304 S Street P.O. Box 730241 Sacramento, CA 94244-0241 To Whom It May Concern: I am writing to request a copy of the following marriage certificate: Grooms's Name:

DOB:
Groom's Father: Bride's Name: DOM: Place:

John Smith III 7/28/56 John SMith 1 1 Jennifer (or Jenny) Johnson 1993 Los Angeles

I have enclosed a check for $13.00 to cover the cost of certifying these records. If you need any additional information to complete this request, please call me at (4 15) 621-8860. When the requested record is ready, simply call Federal Express at (800) 238-5355 for pick up. Give them i l l be billed to my office. my account number (XXXXXX9) and all charges w

I appreciate your assistance. Please do not hesitate to.call me if you have any questions or require additional information.
Sincerely, Susan Investigator

CEN'TEX FOR CAPITAL ASSISTANCE

529 Ca-o Street

San Francisco, California 94114

Telephone: (415) 621-8860 Facsimile: (415) 621-8830
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January 1,2001 Custodian of Records . Doctors Medical Center 144 1 Florida Avenue Modesto, CA 93530 Re:' Jane Smith DOB: 3/16/71 John Doe DOB: 7/3/91 Dear Records Custodian: Enclosed please find a release for the medical records of the above-referenced individuals. Please copy their entire files, including verification of treatmenthirth records, narrative reports of any X-rays, CT scans or MRI's, physicians' notes, nurses' notes, progress notes, medication charts, laboratory reports, EEG' s, psychological reports, psychiatric evaluations, IQ testing data, emergency room admissions, drug and alcohol treatment, any records normally deemed confidential, and any tests or reports compiled by agents outside of Stanislaus Medical Center. While I am unable to provide specific dates when Ms. Smith and her children may have received treatment at Doctor's Medical Center, they have lived in Modesto since 1979 and the majority of their health care since that time has been serviced by Doctor's Medical Center.

I have enclosed return Federal Express packaging for your convenience. When the requested records are ready, simply call Federal Express at (800) 238-5355 for pick-up. Give them our account number 7 9) and all charges will be billed to our office.
This office will be happy to pay whatever reasonable fees associated with the retrieval and copying of these records.

Thank you very much for your assistance. Please do not hesitate to call me if you have any questions or require additional information.
Sincerely,

Susan Investigator

CENTER FOR CAPITAL ASS~ISTANCE 529 Castro Street San Francisco, California 94114 Telephone: (415) 621-8860 Facsimile: (415) 621-8830

January 2,200 1 California Department of Corrections, Archives P.O.Box 2000 Vacaville, California 95696-2000 Attn: Supervisor Jane Vergara

In Re: John Client CDCkCall9164456713

SSN#:
DOB:
Dear Ms. Vergara: I am writing to request a certified copy of any and all information you have on the abovereferenced individual. My request for complete CDC records for Mr. Client includes, but is not limited to, his entire C-File; all medical and psychiatric records, evaluations, or referrals; incarceration history, including jail and prison records outside of California; arrest, police, probation and sentencing reports; conduct during incarceration; drug rehabilitation programs or referrals; intake evaluations; counselor's reports or recommendations; employment records and records of certificates of achievement. To the extent that any of these records may be held within CDC but are not kept within your facility, please provide information as to where the records may be located and how to obtain them. Enclosed is a release fiom Mr. Client authorizing me to receive this information. I have also enclosed a return selfaddressed-stamped-envelopefor your convenience. Our office will be . happy to reimburse you for any cost incurred in copying and certifling the records. Please do not hesitate to contact me at the above number should you have any questions or require additional information. Thank you for your assistance. Sincerely,

Jane Attorney Enclosures

Confidential: Attornev Work Prodact Memo to: From: Re: Date:

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Defense Counsel Scharlette Sample story of death and illness January 21,2001

The following story of how the death of a brother affected a client is supported by evidence brackets. It also demonstrates how the client's illness was perceived and treated by the family. Brian Walker is the client, and Nosey is the brother. Death of Younyer Brother and Brian's Critical Illness Tragedy struck the Gore family on January 11,1969, when Ronald Lee (Nosey), one of the twin boys in the family died, and Brian nearly died from meningococcal septicemia. Nosey was not quite six years old. Nosey and Brian were very close, even though they were fow years apart in age. Nosey was Brian's "play partner and they were always on the same team." {Interviewwith Roderick W. Pettis, M.D.) Nosey earned his nickname because "he was into everything and just did not seem to be able to learn to leave things alone." {Interview of Brian Pete Gore Sr.) On the evening before his death, Nosey "felt a little sick when he went to bed" complaining "of stomach pain" and "a little fever." {Medical Examiner Report of Ronald Lee Gore; Interview of Brian Pete Gore Sr.) At midnight, ''the child had a B/M in bed & still had the pains and fever." (Medical Examiner Report of Ronald Lee Gore) Pete, unaware of how sick his child was, threatened-towhip him for soiling the bed. Debra "convinced him not to" whip Nosey. {Interview of Marlene Gore Holland) ~ e b ranxious i to protect him from his father, cleaned him and "tucked him in bed." {Interview of Marlene Gore Holland) The following morning, Nosey was found dead in his bed. The autopsy revealed 'cconsiderable hemorrhage of

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the adrenals (Waterhouse-Friderichsen Syndrome.)" {Medical Examher Report of Ronald Lee Gore) The traumatic loss of Nosey was intensified when Brian became critically ill the morning of Nosey's death, and the family faced the loss of a second child fiom an illness they did not understand. Brian was told that he and Nosey caught "some kind of blood disease" from his
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"sister's boyfriend who had just come back fiom Viet Nam." Pete remembered that the family "didn't have time enough to deal with the grief of Nosey's passing" before they had to focus on Brian. {Interviewof Brian Pete Gore Sr.) Nosey's death af5ected everyone. Pete looked back on it as "the beginning of a series of terrible things that happened . . .that really destroyed the family." {Interview of Brian Pete Gore Sr.} Brian stated that "Debbie had the hardest time after his death, probably because she had taken care of him the night before." {Interviewwith Roderick W. Pettis, M.D.) Debra remembered that she "did not believe" Nosey had died and felt "numb and disoriented."
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{Interview of Debra Gore Jefferson) Brian felt "there was a 'missing' piece after Nosey died," and Brian "stopped playing the games [they] used to play." {Interviewwith Roderick W. Pettis, M.D.) Brian stated that "things were never the same after Nosey died; I missed him a lot." {Interview with Roderick W. Pettis, M.D.) None of the children wanted to go into the room where Nosey died, and they "were all afraid." {Interview of Shirley Ann Gore) Mamun, their "wonderful grandmother, decided" they "needed her attention. She came over and comforted" them," and "slept over in the bed where Nosey had died." {Interview of Shirley Ann Gore) Mamun's insight was correct. The children "were better after that." {Interviewof Shirley Ann Gore) Page -2'

Brian's Critical PBlness When Pete and Emma first noticed that Brian was ill, they took him to an emergency room that sent him home and "told Pete and Emma] he just had the flu." {Interview of Brian Pete Gore Sr.) Brian recalled that he "was not feeling well. . .but was more concerned about pain in Mom's face than feeling ill." {Interview with Roderick W. Pettis, M.D.) After they returned home, one of Emma's nieces who was a nurse came to the home and became alarmed when she saw how ill Brian appeared. She told Pete and Emma "to rush him back to the hospital," but the hospital did not want to admit him, and Emma "started to cry." {Interview of Brian Pete Gore Sr.) The hospital admitted him at 3:30 p.m. on the day of Nosey's death.. {Columbia San Jose Medical Center Records of Brian Pete Gore Jr.) Brian was critically ill, and hospital stafftold the Gores "they did not think he would make it." {Interview of Brian Pete Gore Sr.) At the time Brian was admitted to the hospital, he
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had a dangerously high fever of 107 degrees, was "combative and incoherent," and was isolated
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and "started immediately on massive IV antibiotics" {Columbia San Jose Medical Center Records of Brian Pete Gore Jr.) A nurse reported that a "little colored boy (was) admitted" who was "lethargic" and had "pain all over." {Columbia San Jose Medical Center Records of Brian Pete Gore Jr.) Physicians noted that Brian had been "sick for 3 days" with "fever and chills." {Columbia San Jose Medical Center Records of Brian Pete Gore Jr.) Brian improved but was still "disoriented at times" on January 14, two days before his release, and required a wheelchair the day before his release. {Columbia San Jose Medical Center Records of Brian Pete Gore Jr.) Hospital e r e p o r t e d he was "crying" and "want[ed] to go home." {Columbia San Jose Medical Center Records of Brian Pete Gore Jr.) Brian was

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released from the hospital January 16, 1969. He remembers little about his stay other than that he "was out of it three days." {Interview with Roderick W. Penis, M.D.) His sister Shirley reported that when "he came back to his right mind" and understood ''that Nosey had died, he cried out of grief and fear. He was afraid he was going to die too." {Interview of Shirley Ann Gore) Brian also feared that the surviving t w i n ,Ronald (Pee Wee), might die. Brian "began to
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look after . . . Pee Wee in a very special way." {Interview of Shirley Ann Gore) Shirley described the result of Brian's attention: Before Nosey's death, Pee Wee had been a playful, outgoing five-year-boy. Now, suddenly,.hewas quiet and withdrawn. He started sucking his thumb again. Without being told to'do so by anyone, Brian brought Pee Wee out of it by patience h d love. (Interview of Shirley Ann Gore)

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CIPT'IXR FOR CAPITAL ASSISTANCE 529 Castro Street S m Francisco, California 94114 Telephone: (415) 621-8860 Facsimile: (415) 621-8830

Memo to: From: Re: Date:

Defense Teams in Capital Cases Scharlette Holdman Interviewing witnesses for life history information May 2000

EXAMPLES OF ,OPEN ENDED QUESTIONS

This list of open ended questions is intended to help interviewers think of more effective ways of communicatingwith clients and their families in order to reveal information that will be useful for mitigation and other mental health claims. Traditional closed ended . qoesti'ons --Was Johnny abused? seldom elicit the kinds of details and unique experiences that are needed to establish reliable mental health defenses.

This is not a complete list or even a guide to interviewing clients and potential witnesses in capital cases. It is only an exercise that may be helpful to you. Each person in a capital case is unique, and interviews have to be tailored to individual circumstances. No template is adequate for interviews. It usually take several interviews to establish trust and rapport with potential witnesses. Sensitive questions eliciting painful information should not be asked until the interviewer believes the witness is comfortable and willing to discuss shameful events and facts. Abuse
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Tell me about a time when your dad got really angry.

Not: Was your daddy mean?

What did your dad's face look like when he got mad at you?
Not: Did he whip you when he got mad?
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When you were a child and really scared, where did you go to be safe? What made you really scared?
Not: Did your daddy just punish you like most kids are punished, you know, nothing that would amount to abuse?

What else did you do to be safe?

Not: So it didn't hurt very much or anything like that?

What made you safe?

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Not: SOhe never made you bleed, tortured you, knocked you out, that kind of thhg? What are some of the things that you did to keep your dad from getting mad? Not: Do you love your dad? Did your dad love you? What stories did you hear fiom your mom about her pregnancy with you? Not: Did your mom have a normal pregnancy? What is your earliest memory as a child? Not: W a s your childhood normal? What is ybur earliest memory of your mom? Not: W a s your mom a pretty good mom? Did you love her. Tell me about how your dad hit you? Not: Did he hit you?
I would like to understand what an average day was like for you. Let's start first thing in the morning, about the age of 12 or so, and tell me everything that happened.

Typical answer: I got up, went tolskipped school, came home, went to bed. Response: Where did you get up? Who else was in the bedroom? What awakened you? What about breakfast? Bathing? Brushing teeth? What door did you go out? Which way did you walk to school? With others? What made you choose one route over another route. What did you watch for on your way to school? Not: Did you like school? When you were a kid, what were your dreams and hopes? Not: Were you a pretty normal kid? What's the worse thing that happened to you? Not: Were you sexually abused?

What's the best thing that hqpened to you?

Not: Did you have a pretty normal family? Neighborhood

Tell me about your neighbors.

Not: Did you live in a bad neighborhood?

What made you safe in your neighborhood?

Not: Was there a lot of crime in your neighborhood?

What made your neighborhood dangerous?
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Not: Was your neighborhood poor or middle class?

What is your -firstmemory of seeing police?

Not: Why did you shoot the cop when you were 13?
What were some of the names police called kids in your neig

Not:' Why were you picked up so many times by the cops?

What were some of the reasons police stopped people in the neighborhood?
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Not: Were you ever beaten by the police?

When police stopped you, what did they do?

Not: Were you ever afraid of police? School

What was the best thing about school?

Not: Did you like school?

What was the worse thing about school?

Not: Were your grades good?

Where did you sit in the cafeteria?

Not: Did you have a lot of friends? What did you have for lunch? Not: Did you ever go hungry? Where did you sit in the classroom? Not: Were you ashamed of being stupid? Sometimes kids can be cruel and tease other kids. Tell me about a time kids teased you at school. Not: Did kids call you retard? What are some of the reasons you missed school? Not: Why were you truant? What made you late .for school? Not: Why were you tardy?
A lot of people have a tough time learing to read. What are some of the reasons people have a tough time learning to read?
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Not: You can read and write, can't you? Sometimes it's hard to sit still and pay attention in class. What are some reasons kids don't sit still? Not: Did you get in trouble in class?

What strategy did you have to keep fiom over dosing? Not: Did you over dose? Tell me about the first time you remember hearing about drugs? Alcohol? Not: Was your mother a drunk? Tell me about the first time you ever had any alcohol? Drugs? Not: When did you start using drugs.

When you got high, how did it make you feel?

Not: Did you like to get high?

What d o you think made you do all those drugs?

Not: Did you do drugs to get high?

What makes other people do drugs?

Not: Do your fiends and brothers do drugs?

What are hard drugs?

Not: Do you do hard drugs?

What's a drug addict?

Not: Are you addicted to drugs?

What's an alcoholic?
Not: Are you an alcoholic?

Tell me about a time you drank until you got sick?

Not: Can you hold your alcohol? Physical Health
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.How are you feeling?

Not: Is anything wrong with you?

How are you sleeping? What time do you go to sleep? What time do you wake up? When you wake up in the night, how do you get back to sleep? What wakes you up in the night? What things do you do before you go to sleep to help get to sleep?
Not: Are you depressed?

People have all kinds of headaches. Describe the last headache you had. Where does it hurt? How does it feel -- sharp shooting pains, pounding, dull ache? How can you tell you're getting a headache? (Aura, nausea, fatigue, yawning, photophobia, sensitivity to sound, irritability) When you get a headache, what do you want to do? What bothers you when you have a headache? How long do they last?. What causes your headaches? (food, sleep, stress) How old were you

when you started getting headaches? How often do you have them? What medicine do you taken? Which medicine worked better?
Not: Do you have temporal lobe epilepsy, seizures, or migraines? A lot of folks use home remedies rather than going to the doctor all the time. Some of the remedies work as good as or are better than what doctors prescribe. What kind of home remedies did your family use? Who taught your mom to make potions and such? Not: Did you go to the doctor when you were sick?

Tell me about your last cold or flu. How did it make you feel? Where did you ache? How much of a fever did you have. How did you get better? How often do you have a cold? When you were a child, how often did you have a cold? Who in your family had asthma?
Not: Did you just have normal childhood diseases?

How's your appetite these days? Tell me what you ate yesterday, meal by meal and snack by snack. What your's favorite food? How long is the longest time you have gone without eating? What kind of drugs were you using? What did you do when you got thirsty? What was your favorite food when you were a kid? what food did you hate? What happened to you if you didn't eat food that you hated? How did your family &etch out the money they had for food? What lcinds of food were the cheapest and most filling? What did you do if you had to go to bed hungry to keep fiom feeling hunger pains?

N o t : Were you malnourished?

Tell me about a tihe when your mom (dad) wasn't able to get around because she was feeling pretty bad. What was wrong? How did she finally get better, if she did?
Not: Are your parents healthy?

Every family has a few kids or adults in it who are special in some way and need looking after by others. They might be slow and not understand everything, or they might be forgetful and wander off. Tell me about the folks in your family who need special looking after.

Not:Is anybody i n your family mentally ill or retarded?