SEVERAL months after Antonio Ramirez was shot seven times in Oakland,
Calif., the police picked up a frightened 16-year-old named Felix,
isolated him in an interrogation room late at night without a lawyer,
rejected his pleas to see his mother, and harangued him until he began
to tell them what he thought they wanted to hear.
They wanted a diagram of the crime scene, he later told his
court-appointed lawyer, Richard Foxall, but whatever he drew was so
inaccurate that the police never produced it. When he described escaping
in one direction after the killing, they corrected him, because they
knew from witnesses that the shooter had gone the opposite way. When he
didn’t mention an alley nearby, they told him about it, and he
incorporated it into his statement. “Now we’re getting somewhere,” said
one officer, as Felix recalled to his lawyer.
So, they demanded, where was the gun? Felix denied having a gun. “That’s
when they really got out of control and started yelling at him,” Mr.
Foxall said. “He started to feel personally threatened.” Slyly, he made
up something demonstrably untrue: that he had left the gun with his
grandfather. “I thought this was brilliant,” his lawyer said, because it
discredited the tale. “He doesn’t have a grandfather. Both grandfathers
are dead.”
Once the police had badgered a rough murder confession from Felix, they
taped it. Yet the confession lacked a critical detail — one that
officers neglected to feed to him. Felix learned it three days later in
court when he was handed the charge sheet and saw the date of the crime.
He stared at the document and realized that he had the perfect alibi:
On the day that Antonio Ramirez was gunned down, Felix had been locked
up in a juvenile detention facility for violating probation in a case of
theft.
The murder charge was dropped, of course, and Mr. Foxall was greatly
relieved. “I would have hated to have had to try the case,” he said. “It
would have been very scary. Juries don’t want to believe that somebody
will confess to a crime he didn’t commit.” Judges don’t want to believe
this either. In fact, according to Mr. Foxall, the juvenile commissioner
in Felix’s case said, “Well, I don’t understand — why would he
confess?”
If you have never been tortured, or locked up and verbally threatened,
you may find it hard to believe that anyone would confess to something
he had not done. Intuition holds that the innocent do not make false
confessions. What on earth could be the motive? To stop the abuse? To
curry favor with the interrogator? To follow some fragile thread of
imaginary hope that cooperation will bring freedom?
Yes, all of the above. Psychological studies of confessions that have
proved false show an overrepresentation of children, the mentally ill
and mentally retarded, and suspects who are drunk or high. They are
susceptible to suggestion, eager to please authority figures,
disconnected from reality or unable to defer gratification. Children
often think, as Felix did, that they will be jailed if they keep up
their denials and will get to go home if they go along with
interrogators. Mature adults of normal intelligence have also confessed
falsely after being manipulated.
False confessions have figured in 24 percent of the approximately 289 convictions reversed by DNA evidence, according to the Innocence Project.
Considering that DNA is available in just a fraction of all crimes, a
much larger universe of erroneous convictions — and false confessions —
surely exists.
Officers are taught to use all the tricks and lies that courts permit
within the scope of the Fifth Amendment’s shield against
self-incrimination. John E. Reid & Associates,
which has trained thousands of interrogators, suggests that a suspect
be induced to waive his constitutional rights to silence and counsel by
giving him the famous Miranda warning “casually” and not immediately
after arrest, when he is “defensive and guarded” and “more likely to
invoke his rights.” When a skilled questioner splices it nonchalantly
into conversation, the warning’s empowering message of choice can be
lost on a suspect. Many false confessors have been routinely Mirandized
in this perfunctory manner.
To get people talking, the Reid training also recommends questions that
imply leniency without making explicit promises, and that reduce moral
responsibility by blaming peer pressure: “Was this your idea or did your
buddies talk you into it?” Interrogators are advised to pretend to have
evidence but not to fabricate it. A suspect can be shown a card bearing
a latent fingerprint and be told: “This is your fingerprint. We found
it inside that stolen car.” That’s been allowed by courts if the police
officer puts his or her own print on the card but not if the officer
fakes it with the suspect’s print. Admissions produced by these tactics
may be true or untrue.
A cunning lie generated a false confession from Martin Tankleff, 17, who
found his parents one morning in their Long Island home slashed and
stabbed, his mother dead, his father barely alive. The boy called 911
and was taken for questioning. Getting nowhere, Detective K. James
McCready decided on a trick. He walked to an adjacent room within
hearing distance, dialed an extension on the next desk, picked up the
phone and faked a conversation with an imaginary officer at the
hospital. He went back to the son and told him that his father had come
out of his coma and said, “Marty, you did it.” In fact, Seymour Tankleff
never regained consciousness and died a month later.
In experiments and in interrogation rooms, adults who are told
convincing fictions have become susceptible to memories of things that
never happened. Rejecting their own recollections through what
psychologists call “memory distrust syndrome,” they are tricked by phony
evidence into accepting their own fabrications of guilt — an
“internalized false confession.”
That is what happened to a shaken Martin Tankleff, and although he
quickly recanted, as if coming out of a spell, he was convicted and drew
50 years to life. He spent 17 years in prison before winning an appeal
based on new evidence that pointed to three ex-convicts. But they have
never been tried. Whoever killed the Tankleffs remains at large.
There are possible remedies. After Felix’s false confession, the Oakland
Police Department began video recording “as soon as a homicide suspect
enters the interview room, as opposed to only taping a portion of the
interview,” said Sgt. Chris Bolton, the police chief of staff. Some
lawyers worry nonetheless that judges won’t watch hours of subtle
coercion, and that jurors will still find the taped confession decisive.
The police could be prohibited from lying about nonexistent evidence;
from inducing a suspect to imagine leniency; from questioning minors
without a parent or a lawyer present. They could be required to
corroborate a confession with stringent evidence.
Finally, post-conviction challenges of confessions could be assigned to
judges and prosecutors other than those who tried the original cases.
The natural unwillingness to admit a grave error should not have to be
overcome for justice to be done.
The author of the forthcoming “Rights at Risk: The Limits of Liberty in Modern America,” from which this article is adapted.