Attorneys and Investigators: The Team That Freed Tommy

"I couldn’t imagine a public defense system without an investigative staff like ours."
Chief Public Defender Bob Dillinger

     Despite providing an integral part of indigent defense, investigators rarely receive the leadership recognition they deserve. Traditional investigators interview witnesses and visit crime scenes for photographs and measurements. An investigator may be asked by the lawyer to find the correct witness when only a first name is known, or to knock on every door on a block searching for witnesses that the police may have missed. In the Office of the Public Defender for the Sixth Judicial Circuit, the investigators are equal members of a team dedicated to indigent defense. This respect and responsibility allowed them to find crucial information about a second suspect that cleared Tommy.

     Mark Mills and Gary Hitchcox, investigators for Office of the Public Defender for the Sixth Judicial Circuit, closely assisted Ray Rodgers in representing Tommy, even after a guilty verdict. Mark, an eight-year veteran with the office, started as a part-time interviewer and has worked through the ranks to a full-time investigator. Gary Hitchcox became an investigator after retiring from the St. Petersburg police department.

     As an experienced public defender, Ray recognizes the crucial work that the investigators do in almost all cases. He involves investigators early in his cases and relies on their expertise and leadership in almost every aspect of his cases &emdash; from sharing all evidence obtained by discovery to making the investigators aware of every meeting he has with the client. Just as Ray involves the investigators in developing the legal strategies of a case, he often takes a hands-on approach to investigating alongside the pros in his office. For example, Ray likes to travel to the crime scenes with his investigators and attend witness interviews.

     Chief investigator Troy Hitchcox says this approach is not unique to Ray. "There is a real team approach throughout the office," says Troy, noting that each attorney frequently consults with his or her investigators. This team approach starts when the investigator is hired, as the investigator’s peers continually train and help the new recruit. And the team approach extends from investigators working with each other to working with the Chief Public Defender.

      "The investigative team is an integral and essential part of our delivery of legal services," says Bob Dillinger, Public Defender for the Sixth Judicial Circuit, and he makes sure his staff knows that. Two years ago, Dillinger lobbied for a special grant to compensate the investigators for their work, in addition to their normal budget. "I couldn’t imagine a public defense system without an investigative staff like ours."

     A few days after Tommy was found guilty, Tommy’s mother gave Ray a lead to the identity of the person believed to be the actual perpetrator. Mark and Gary repeatedly visited the business and the home of the suspect. They talked to the suspect, his family, and a common friend of both the suspect and Tommy. They learned that the suspect had a motive for the battery, unlike Tommy. They also learned that the suspect’s parents were at the scene during the crime. Investigators took the lead in finding that the suspect employed a man who vaguely met the description of another perpetrator who was never found, as well as other evidence favorable to Tommy.

     Throughout Mark and Gary’s investigation, Ray maintained close contact with the state attorney. After learning about information from the investigation, the state attorney’s office immediately agreed to release Tommy from jail and reinvestigate the case. After a lengthy investigation, they stipulated to the defender s motion for new trial and decided not to press charges.

      "Although we knew who actually committed the crime, we couldn't prove it and may not have prevailed legally on the motion for new trial if the state attorney didn't stipulate to our motion," said Ray Rodgers. Ray adds that the state attorney’s office cooperated due to the professional relationship between the two offices. There is mutual respect for their professional roles in the adversarial process.

"There is a real team approach throughout the office."
Chief Investigator Troy Hitchcox

     An innocent man is free today because of the work of the office of the Public Defender of the Sixth Judicial Circuit and the team of Ray Rodgers, Mark Mills, and Gary Hitchcox. Tommy can thank the cooperation between attorneys and investigators and cooperation between two adversarial offices, the state attorney’s office and public defender’s office.

Office of the Public Defender for the Sixth Judicial Circuit