How Private Investigators Strengthen Criminal Defense Cases

Think private investigation is all car chases or movie mysteries? Think again. I sit down with private investigator Scott Shepherd of Justified Investigations to pull back the curtain on what really happens behind the scenes in criminal defense cases. Forget the film noir clichés. Scott shares how his work differs from Hollywood’s gumshoes and spotlights the vital, often overlooked, partnership between investigators and defense attorneys. Together, we discuss the realities of building a defense case. From sifting through mountains of discovery, to identifying overlooked witnesses, to navigating trial prep and strategy as a team. With stories from the trenches, highlighting both close calls and the methodical process behind major courtroom victories, this episode offers an unfiltered look at the investigative work that can make or break a case. Learn why the best defense is the one that leaves no stone unturned, and how collaboration, humility, and rigorous investigation give clients their best shot at justice. Moments 00:00 Starting out in criminal defense 06:24 Understanding confirmation bias in law 06:51 Reflecting on trial lawyer ego 10:45 Discussing Scott's investigative skills 14:31 Old-school research paper methods 18:27 Working with investigators 21:26 Key witness memory issue 25:13 Role during trial preparation 27:31 Cross-examination with Mark Satawa 32:22 Investigating witness statements 34:52 Discussing client protection challenges 36:23 Collaborating on client interviews 41:43 Challenges of Interviewing Witnesses 42:35 Approach to building trust 5 Frequently Asked Questions About Private Investigators What does a criminal defense investigator actually do? A criminal defense investigator reviews discovery, finds and interviews witnesses, analyzes police work, discovers new information, and supports attorneys in building the best defense. How is a private investigator’s work different from police investigations? Police investigations aim to support prosecution and often miss alternative perspectives. Private investigators look for overlooked evidence, challenge police assumptions, and seek new witnesses to support the defense. Why is confirmation bias a risk for defense attorneys? Attorneys may assume they know every fact or interpret evidence through their own experiences. Investigators provide fresh, unbiased analysis to spot issues attorneys might miss. How do investigators handle reluctant or hostile witnesses? By approaching witnesses without being confrontational, using empathy, and explaining their neutral role, investigators can often secure valuable interviews—even when initial resistance is high. What makes a successful attorney-investigator partnership? Open collaboration, mutual respect, and a willingness to share information and discuss strategy allow investigators and attorneys to maximize their impact and prepare for every courtroom possibility. Submit your questions to www.lawyertalkpodcast.com. Recorded at Channel 511. Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere. Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts. He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience. Steve has unique experience handling numerous high publicity cases that have garnered national attention. For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2026 Stephen E. Palmer - Attorney At Law Mentioned in this episode: Circle 270 Media Podcast Consultants Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com