
The problem of false confessions
December 1, 2001
The case seemed clear. Colleen Blue had confessed
to killing her baby.
The story was that Blue, a 41-year-old homeless woman, had wrapped her
newborn in clothing, slipped a vinyl bag over his head and left him behind
a grocery store in far north suburban Round Lake Beach.
Before proceeding with the murder
prosecution, though, prosecutors took an extra precaution to strengthen
their case. They ran DNA tests on the suffocated baby.
The tests had an astonishing result. Blue was not the mother of the
child. Police still suspect that Blue may have a connection to the baby's
death, but the DNA evidence contradicting her "confession" was a stunning
development.
Unfortunately, it's not an uncommon development. People have spent years
in prison for crimes to which they supposedly confessed, but didn't commit.
They may spend years trying to get someone to believe their confession
was false. If they're fortunate, some advocate will decide to mount the
long legal battle required to prove innocence. If they're not fortunate,
they're stuck in prison.
False confessions occur in particular among suspects who have psychiatric
problems, as appears to be the case with Blue. Other times, it involves
those who are young, those with minimal language skills or low IQ, those
who are coerced or tortured, or who are eager to please or particularly
susceptible to outside influence.
Two little boys, ages 7 and 8, falsely told police in 1998 that they
killed Ryan Harris, the 11-year-old who was riding her bike through the
neighborhood when she was knocked off, sexually molested and murdered.
This month, evidence mounted in the case surrounding Lori Roscetti,
the medical student who was raped and murdered in 1986, that the four men
convicted of the crime didn't do it. Two of those men, Calvin Ollins and
Marcellus Bradford, confessed to police. But new DNA test results of two
pubic hairs found in Roscetti's car, along with earlier tests on roughly
two dozen semen samples taken from the woman and her clothes, fail to link
any of the suspects.
False confessions may close cases, but they don't solve crimes. When
the truth comes out years later, police are forced to start their investigation
over from the beginning, except all their leads have gotten cold and witnesses'
memories have faded. That is why it makes sense to videotape all custodial
interrogations and confessions. Only two states do this as a matter of
law or policy--Minnesota and Alaska--but it's far past time when law enforcement
agencies nationwide should follow course.
It is the most sensible, efficient way to protect suspects from police
brutality and law enforcement from false charges of police brutality. And
a videotaped confession, coupled with documentation of the interrogation
leading up to it, can be a prosecutor's best friend in winning a case.
In Michigan, two teenagers last year spent six months in jail for a
pizza house murder they did not commit. They won release from jail last
spring only after someone else confessed to the killing and passed a lie
detector test about his involvement. The damage done to the credibility
of police officers who took the undocumented confessions was such that
legislators and even prosecutors in Michigan are starting to call for mandatory
videotaping of all custodial police interrogations.
How many more false confessions will it take for legislators, cops and
prosecutors elsewhere to realize the same thing?
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