Transcript Interview and interrogation

This is NOT a criminal justice professional!
There is no such thing as “common sense.”
Assume nothing.
Your “opinions” count at home, with your spouse,
kids and friends. At work, your agency and the
public are entitled to your considered, professional
judgment.
Listen to everyone. If you weren’t there, you don’t know who does.
Make decisions based on verifiable facts. We don’t need to pay
someone to guess.
Beware those who may be motivated by self-interest, biases or
preconceptions.
Criminal justice professionals do not swear allegiance to a person, a City,
a State or the Federal government. There is only one loyalty: to the
Constitution. If you can’t live with that, choose another profession.
Never apologize for doing the right thing.
False confessions
• Effects of coercive interrogation
– Fear and confusion
– Desire to please authorities
• Most vulnerable
– Young persons
– Mentally retarded or disabled
– Persons with prior records
• Prior criminal records and events can be used as
impeachment, sometimes as evidence, usually to
determine sentence length
• Innocent ex-cons have falsely pled guilty to avoid severe
sentences should they be convicted
Dennis Rader – the “BTK” case
On 2/25/05 Wichita Police arrested Dennis Rader,
59, a Park City code enforcement officer, for a string
of ten brutal killings between 1973 and 1991. He had
taunted authorities by leaving clues and sending notes signed “BTK”
(bind, torture, kill).
The first two victims were Julie Otero and Kathryn Bright. At the time the
killer had not announced himself and police had no reason to suspect a
serial murderer. Soon a troubled young person stepped forward, said he
committed the murders and implicated two friends. They were arrested
and held for trial. In October 1974 the killer wrote a note to authorities
claiming responsibility and describing in exacting detail how the killings
were committed:
"Those three dude you have in custody are just talking to get publicity.
They know nothing at all. I did it by myself and no ones help.”
Source: Los Angeles Times, 3/6/05
1984 McMartin Pre-School
Interviewing techniques implanted false memories of
sexual abuse into scores of children who attended a
Manhattan Beach day-care. The case soon fell apart.
Of the seven employees indicted, only two were tried
and both were acquitted.
'I felt everyone knew I was lying. But my parents said,
"You're doing fine. Don't worry." And everyone was
saying how proud they were of me.'
On 10/30/05 the L.A. Times Magazine published a long,
heart-felt apology from Kyle Sapp, who as an eight-year-old
alleged victim in the McMartin case simply told his parents and
interviewers at Children’s Institute International what they
obviously wanted to hear. He knew that lawyers wanted a consistent account, so
he put a lot of pressure on himself to provide just that.
The Bakersfield 46
In May 2004 a Kern County
judge declared John Stoll
innocent after the man served
eighteen years in prison for allegedly
leading a cabal of Bakersfield child molesters. The last of
forty-six defendants in a string of put-up cases, Stoll’s luck
turned during two tearful, in-court recantations, including one
by a 26-year old man whose false statements sent his own
mother to prison for six years.
John Stoll.wmv
The Murder of Stephanie Crowe
On the morning of January 21, 1998,
Stephanie Crowe, 12, was found stabbed to
death. No one said they heard anything that
night. Police immediately suspected her
brother Michael, 14 and two friends, Aaron Houser and Joshua Treadway.
Michael Crowe at first denied everything. During a relentless six-hour
session the next day, in which detectives lied about finding his sister’s blood
in his room, Crowe said he did it, and also that he was making it up.
After being threatened with prison and aggressively
interrogated, including a ten-hour session in which police
used voice stress analysis, Treadway said he acted as
a lookout while Crowe and Houser did the deed.
Aaron Houser maintained his innocence throughout.
Michael Crowe
Crowe DVD (first 6 mis.)
Hours before the murder the Crowe’s neighbors
spotted Richard Tuite, a 28-year old schizophrenic
with a record for drug and property crimes. Tuite
had past arrests for burglary, a stabbing and for
leering at young girls and following them home.
Tuite, who was roaming the area, stood on the
victim’s property and looked up at the windows.
Richard Tuite
But by the time that an officer arrived Tuite was
nowhere to be seen. As the officer left he radioed in that he saw the
Crowe’s laundry-room door closing. The next day officers brought
Tuite to the police station, where they took his clothing and fingernail
scrapings. Tuite was cooperative and was let go.
Defense attorneys examined Tuite’s clothing. Spotting suspicious
stains, they asked they be tested. Detectives, who pooh-poohed Tuite’s
ability to commit the crime, said they did so and found nothing. But
the defense persevered and Tuite’s things were sent for DNA analysis.
Six months after their arrest a judge held over
the three boys for trial as adults. But the judge
warned prosecutors that their evidence was
wholly lacking. He also wondered why Tuite
had been dismissed as a suspect. The boys
were released to the custody of their parents.
Tuite’s shirt
In January 1999, as jury selection for the boy’s
trial got underway, the crime lab reported that Tuite’s shirt was
spattered with Stephanie Crowe’s blood.
The boys were freed. Escondido police
were replaced by the Sheriff’s office and
the State Attorney General’s office took
over the prosecution.
Boys freed
In May 2003 Tuite was convicted of
voluntary manslaughter for
Stephanie Crowe’s murder. In August
2004 he was sentenced to thirteen years.
In May 2003 Tuite was convicted of voluntary
manslaughter for Stephanie Crowe’s murder. In
August 2004 he was sentenced to thirteen years.
Youth statements and recantations
In 2004 an 8-year old girl was strangled to
death in the Georgia trailer park where
she lived. A troubled 12-year old neighbor
boy confessed. He later retracted his
confession, alleging that police had
relentlessly interrogated him for hours. But
in 1995 he entered into a plea agreement
and received two years in a juvenile facility.
In February 2006 a mentally disturbed 18-year old who lived in the same
trailer park said he, not the 12-year old, was the real killer. This new
confession seemed credible because the victim was heading towards his
residence when she disappeared. He also gave police intimate details of
the crime. But then he also recanted.
The 12-year old was released and the 18-year old was arrested. On
February 6, 2007 Chris Gossett, now 19, pled not guilty. His attorney
claims that his mental state makes his confession worthless.
Amy Yates.wmv
Links
• Cardozo School of Law Innocence Project
• Life After Exoneration program
• “After Innocence” film website