I have a defendant in jail with numerous tattoos. I believe he is/was a member of a prison gang. Any suggestions on how to go about photographing the tattoos and finding an expert to testify to their meaning?

I know this has come up for other prosecutors. Whom have you used as an expert and is a specific motion required to take the pictures?

The defendant is in jail and has no right to privacy. You can send your investigator over to photograph without a court order.

Talk to one of our investigators for info on the photography and finding an expert to testify. Try Chris Herndon at 512-943-1234.

We use the security Threat Group investigators through the TDCJ. They have been very helpful in identifying prison gang members for punishment purposes and to show that the allegations stem from the activity of opposing gangs. Clemente Rodriguez is my contact. Feel free to call 361-358-1007 and I'll give you his number.

You might also consider obtaining his Prison Disciplinary Record of his time in prison. I had an expert from TDC testify about a def gang affiliation and he referred to the "three inch thick" file while he was testifying. Visit with these experts before trial; I had one that had not testified before and we had to do some preperation before he took the stand.

Thanks for the suggestions and leads. I tried the defendant last week. TDCJ's Threat Group Management Office supplied me with business records verifying defendant's status as a member of Aryan Brotherhood of Texas. They also testifed for me to establish the link between gang membership and criminal activity in prison.

TDC was great in sending me his disciplinary records in a self-proving format a la pen pack.

Local law enforcement also supplied me with every time they were called out to deal with the defendant. It made for great cross examination when the defendant took the stand.

The pictures we took were fantastic, although the defendant continues to claim I violated his rights and assaulted him by taking them. Comes with the territory. To my credit, however, he also testified that I was evil and trying to drag him down.

For all his efforts, the jury found him guilty of two counts of aggravated assault (he rammed a school bus with a car and beat it with a hammer in an attempt to get at his girlfriend). The judge sentenced him to two life sentences.

Sometimes the system works wonders when everyone comes together.

Congratulations! Isn't it fun when the system works?