Bracken McKey

Navigating High-Profile Cases: Strategies and Insights from a Veteran Prosecutor

As a prosecutor with over two decades of experience handling Oregon’s most serious and high-profile cases, I’ve learned that achieving a successful outcome requires, preparation, communication, and resilience. High-profile cases bring immense public scrutiny, and often intense emotional stakes. Today, I want to share some of the key strategies and insights I’ve developed through the prosecution of high-profile homicide cases.

Understanding the Stakes

High-profile homicide cases are not really about the facts; they are about the lives affected and the broader societal implications. When I was assigned my first murder case, I quickly realized the importance of understanding the full scope of what was at stake. This meant not only focusing on the legal arguments but also considering the emotional and psychological impact on victims and their families.

In these situations, empathy is crucial. It’s essential to listen and provide victim’s families with the support they need while ensuring that justice is served. Communication is key.  On murder cases, I routinely gave the victim’s family my personal cell number and met with them regularly.  A murder victim’s family has a right to be kept abreast of the criminal investigation and to be educated on Oregon’s court system.  Open communication earns trust.  

Meticulous Preparation

Preparation is the cornerstone of any successful prosecution, but in significant homicide cases, it takes on an even greater significance. These cases usually include scientific evidence and dozens of witnesses.

Preparation begins at the scene and I personally responded to the crime scene of every homicide assigned to me. At the crime scene, I would ask the lead investigator to conduct a walkthrough and together we would agree on the collection of evidence, key photographs, search warrants and interviews.  In the days that followed I would meet regularly with law enforcement, forensic experts, and witnesses to develop our case strategy and prepare and organize the facts for grand jury presentation. I also spend significant time working with the victim’s family, helping them understand the process and ensuring they are comfortable.

Managing Media Relations

The media plays a significant role in high-profile homicide cases, and managing this aspect effectively is crucial. Public perception can influence the course of a trial, and it’s essential to maintain a balance between transparency and Oregon’s rules of professional conduct, designed to protect the integrity of the legal process and the defendant’s right to a fair trial.

From the outset, I establish clear communication protocols with the investigating police agency and the media. This involves providing accurate and timely information while avoiding any statements that could be prejudicial to the case. 

Presenting a Compelling Case

In homicide cases, the pressure to deliver a strong, convincing case is immense. This means going beyond the basics and building a case that is not only legally sound but also understandable and persuasive.  Jurors are more likely to be persuaded by a narrative that they can understand and relate to. By presenting the facts in a clear, logical, and engaging manner, I aim to make the case as compelling as possible.  Speaking of jurors, most close cases are won or lost in jury selection, and nothing is more important to achieving a successful outcome than picking the right jurors.  Selecting a jury that is smart, honest and willing to work together to achieve a just result is critical.  

Staying Resilient Under Pressure

Homicide trials are high-stress environments. The intense scrutiny, long hours, and emotional toll can be overwhelming. Staying resilient under pressure is key to navigating these challenges effectively.  For me, resilience comes from a combination of experience, support, and self-care. Over the years, I’ve developed coping mechanisms to handle stress, such as maintaining a fit, healthy lifestyle and seeking support from family and friends outside of the legal community. It is important to stay focused on the bigger picture and remember why we do this work – to seek justice and make a positive impact in our community.  

Learning from Each Case

Every high-profile homicide case is a learning experience. No matter the outcome, there are always lessons to be learned and opportunities for improvement. Reflecting on each case and seeking feedback helps one grow as a lawyer and better prepare for future cases.  Seeking feedback from colleagues and investigators is helpful.  Periodically jurors will also contact the trial attorneys and provide feedback.  While rare, these opportunities are amazing and insightful.   Often, evidence that resonates with jurors is surprising and unexpected.  

Conclusion

Handling high-profile homicide cases is one of the most demanding yet rewarding aspects of being a prosecutor. It requires a blend of empathy, meticulous preparation, effective communication, and resilience. Focusing on these strategies has allowed me to achieve success (I’ve never lost a murder trial).  As I continue my career, I remain committed to refining these skills and to never stop learning.