Court Prep

PICTURED ABOVE

DOCJT Legal Instructor Bobby Ricks, left, and Telecommunication Instructor Chad Burkhart, right, serve as defense attorneys during the department’s first Dispatchers on the Stand in-service course at the Madison County School System’s Ignite Academy North Campus in Richmond in April. (Photo by Jim Robertson)

As more of Kentucky’s public safety dispatch centers embrace technology, the odds of telecommunicators appearing in court to testify to defend the innovation’s validity increases.

That prompted the Kentucky Department of Criminal Justice Training to offer an 18-hour in-service course called Dispatchers on the Stand. DOCJT hosted the first Dispatchers on the Stand course in April.

“We must equip ourselves to defend its validity in court,” DOCJT Telecommunication Instructor Chad Burkhart said. “Expert witnesses will play a crucial role in elucidating the functionality and reliability of our systems, particularly in cases where their use impacts emergency response and community safety. By ensuring our readiness to provide clear explanations and evidence, we reinforce the integrity of our operations and support the well-being of responders and the communities they serve.”

DOCJT Legal Training Section Instructor Graham Trimble echoed Burkhart’s assertion.

“Some agencies are already using platforms that allow the dispatcher to utilize the caller’s cell phone cameras to observe real-time video from the caller’s point of view,” Trimble explained. “This technology will only increase the dispatcher’s role as an ‘evidence collector,’ making future testimony more likely.”

Examples of increased technology include:

• Computer-Aided Dispatch Systems

• Call Recording Systems

• Geographic Information Systems

• Radio Communication Systems

• Enhanced 911 (E911) Systems

• Mobile Data Terminals

• Video Call Systems

The new class will allow dispatchers throughout Kentucky to understand their role in evidence collection. It will emphasize meticulous documentation and foster professionalism in various aspects such as appearance, demeanor, off-duty conduct and readiness for testimony.

(Photo by Jim Robertson)

“Armed with this knowledge, students will establish a sturdy groundwork to navigate the potential scenario of being subpoenaed to testify, ensuring they are well-prepared to fulfill their responsibilities effectively,” Burkhart explained.

Burkhart said dispatchers have historically been called to testify infrequently compared to law enforcement and firefighters, but that is only sometimes the case.

“When dispatchers are involved in critical incidents or cases where their actions or communications are central to the legal proceedings, they may be called upon to provide testimony to support the case's facts or clarify their role in the incident,” Burkhart said. “Overall, dispatchers may be called to testify in court to provide clarity, context, and validation of their actions and communications during emergencies, contributing to the resolution of legal disputes and ensuring the integrity of the judicial process.”

About the Class

The course begins with two days of instruction from DOCJT’s Telecommunication and Legal training sections. It focuses on dispatcher responsibilities and court preparation.

“This is followed by a session led by a legal instructor (Trimble), delving into court procedures,” Burkhart explained. “Before the conclusion of the first day, students receive mock subpoenas for a court appearance the following day. They are also provided with preparation packets to study in the evening, ensuring they are ready for their courtroom engagement.”

Trimble said the role of dispatcher testimony has evolved over the years.

(Photo by Jim Robertson)

“Historically, a dispatcher’s role in testifying in a criminal or civil proceeding was somewhat limited,” he explained. “Typically, the dispatcher would be called upon to testify to authenticate certain evidence to be admitted in a trial. In certain cases, depending upon the facts, a dispatcher would be called upon as a fact witness to testify about their conversations – typically with a defendant.”

Trimble added that law changes have increased potential scenarios where dispatchers could be required to testify.

“The Confrontation Clause of the United States Constitution and the Kentucky Rules of Evidence greatly limit when certain out-of-court statements can be admitted in a trial if the person who made the statements is unavailable to testify in person,” Trimble said. “In certain instances, where police would historically provide testimony regarding what a non-testifying witness may have said, the 911 call is now the only way the jury can hear these out-of-court statements. The dispatcher becomes key in these situations.”

An example of when a dispatcher could be called to testify is domestic violence cases.

“While a dispatcher could potentially be called as a witness in any case involving a 911 call, the dispatcher and the recorded conversation of that interaction have become more important and are common in domestic violence prosecutions,” Trimble said. “This is especially true when the victim doesn’t cooperate as the case progresses. The testimony would also be important when a criminal defendant made a 911 call.”

The course aims to help dispatchers understand what to expect as potential witnesses and their role in evidence collection.

“By the end of this class, all of these roles will be thoroughly addressed, which will provide clarity and guidance to telecommunicators,” Burkhart said.

Mock Trial

The second day features a mock trial in a mock courtroom at Madison County School System’s Ignite Academy North Campus. Trimble serves as the prosecutor, and Legal Training Section Instructor Bobby Ricks serves as the defense attorney.

Trimble said the class's mock trial portion provides the realism dispatchers can expect if they are called to testify.

(Photo by Jim Robertson)

“Any person who works in a position that could involve testifying in court will benefit from a mock trial scenario training,” he said. “Dispatchers are no different. The course prepares the dispatcher to testify by outlining what to expect as a witness and how to prepare to appear in court. The greatest value to the class participants is giving them a feel of the courtroom environment and providing immediate feedback on their testimony skills.  Experience is key to developing any skill.  The more opportunities the dispatcher must testify, the better witness they will become.”

DOCJT’s Telecommunication Section will offer the Dispatchers on the Stand course twice a year. Interested dispatchers should seek guidance from their agency’s training director to sign up for the class on DOCJT’s Law Enforcement Training and Reporting System (LTRS).