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pt145ss wrote: I would think that a LEO can say he saw what he suspected to be tool marks in his report based on his experience, but until evidence and analysis of those tool marks are put in front of a jury and the jury accepts the evidence as true...then and only then is it fact. Do you think if something like that went to trial and a prosecutor said to the jury you do not need evidence of tool marks because it is fact that they are tool marks simply because a LEO put it in the report…I think the prosecutor would have a hard time telling that to a jury.

WildBill wrote:

txinvestigator wrote:No

Please explain.

WildBill wrote:

txinvestigator wrote:

KBCraig wrote: Reports contain statements, not "facts". The report might only state what you said: "She was given proper written notice."

Unless the report references a specific sign or "written communication" along with evidence that she was given such notice, we have no way of knowing if such a statement is true or not.

Reports contain facts & statements made by victims, suspects and witnesses.
A fact is something that has occurred or is known to be true. Conclusions are opinions based on facts, and should not be in reports.

I don't know what they teach LEOs about writing reports, but wouldn't it be more correct to say that reports contains "observations and statements" rather than "facts and statements"? Maybe I am nickpicking?

WildBill wrote:

pt145ss wrote:A medical examiner can say something to the like that based on the amount of blood found at the scene that there was enough blood loss to cause death. But that does not mean that someone is dead…it is entirely possible the person is still alive. In the above scenario, a grand jury would make the decision as to whether there is enough evidence to support the claim that someone is dead.

If you have a corpse, any reasonable person would conclude that the person is dead.

KBCraig wrote: Reports contain statements, not "facts". The report might only state what you said: "She was given proper written notice."

Unless the report references a specific sign or "written communication" along with evidence that she was given such notice, we have no way of knowing if such a statement is true or not.

Dear Concerned Citizens:

Thank you for your interest and for taking the time to voice your opinions and concerns regarding the issue surrounding the arrest of a Concealed Handgun Licensee by members of the Bedford Police Department. We take your opinions and concern(s) seriously. Please let me take the opportunity to address our justification for the arrest and the circumstances surrounding it. Nothing that I am about to disclose is confidential and all information is subject to Texas Open Records Laws. I will address the issues in bullet points.

The "hospital" is Springwood Psychiatric Center. Affiliated and next
door to Harris H-E-B Hospital. Is houses patients being treated for a
variety of psychiatric disorders including drugs/alcohol addiction and
those that have attempted suicide (some with weapons)
It has a secure lockup area where some patients are being help under
emergency mental detention status therefore are not allowed to leave
under their own free will. In this secure lockup area, our own Bedford
Police Officers are not allowed to carry weapons; they must secure them
at the door even if we are responding to a disturbance.
The employee who was arrested had placed her handgun in her purse, had
put her purse in a room that was not secure and was within the look-down
area. Other employees and patients had access to the weapon.
The employee had been given prior written notice by her employer that
weapons are not allowed on the premises of the facility. It is our
opinion that regardless of the wording of the sign that was posted on
both the front and rear doors of the facility that this written notice
suffices for purposes of "notice" as required by statute.The Tarrant County District Attorney's Office has been consulted
regarding this case and agrees that the arrest was credible.

As we do in all cases, a thorough review of the facts will be conducted by our Criminal Investigations Division who will consult further with the D.A.'s Office on this arrest.

As your Police Chief I, and all members of the Bedford Police Department are committed to enforcing the law legally, ethically and with integrity. I have made what I believe to be an aggressive and thorough initial review of the facts surrounding this issue and feel certain that we acted appropriately and within the law. However, if we find that after further discussions with the D.A.'s office that somehow we misinterpreted the law, I assure each of you we will take appropriate action.

Thank you,

David Flory
Bedford Police Chief