Eddie Lowery was interrogated for hours
before he broke down and confessed -- to a crime he didn't commit.
In the summer of 1981, Lowery, a soldier at Fort Riley, was
involved in a traffic accident in Ogden, Kan., on the same night a 74-year-old
Ogden woman was raped.
Police suspected a connection and took Lowery into custody,
where he was questioned for hours, given a lie detector test and finally,
in tears, confessed. He was convicted by a jury in 1982 and was sentenced
to 11 years to life in prison.
Now, 21 years later, he has been completely exonerated through
DNA testing that was unavailable at the time of his trial.
"The biological evidence was discovered by a clerk of the court,
Barry Clark, Lowery's attorney, said.
Clark, with the help of an attorney in New York City, sent the
rape kit to a California lab, which proved Lowery's innocence. The Kansas
Bureau of Investigation confirmed the results.
"One of the compelling aspects of this story is the clerks
of the district court don't usually keep that stuff," Clark said. "That kind
of evidence is held in the evidence room at the police department until it
is authorized to be destroyed. The last entry in the court file directed
police to keep that evidence."
Lowery served 10 years in the Lansing State Penitentiary.
"Here's a 22-year-old kid, never been in trouble in his life,
in the walls of Lansing prison with the worst of the worst," Clark said.
After being released on parole, Lowery had to register as a
sex offender. He now works for Ford Motor Company in Kansas City, Mo., and
lives with his wife and children.
There have now been 128 DNA exonerations across the country
since the technology has been developed. Kansas started using the testing
in 1986, Clark said.
"False confessions happen a lot more frequently than we think,"
he said. "In this case, we believe Mr. Lowery's false confession was entirely
attributable to police coercion. The detectives who entered his confession
claimed Mr. Lowery knew details that only the perpetrator would know. They
claimed Mr. Lowery volunteered that information.
"In fact, the police told him the details of the crime. That's
insidious," Clark said.
In order to prevent false confessions, Clark said all interrogation
sessions should be videotaped.
"The very best thing we can do to prevent false confessions
and prevent police coercion is to videotape police interviews. If the police
want to interview a suspect, turn on a videotape, and then we will know if
it is coerced."
The Riley County Police Department does not require taped interrogations,
but they are often recorded.
"When a detective brings a person in, the vast majority of the
time, we tape the person," Lt. Jay Mills said. "It's up to the detective.
Most of them, by habit, will videotape. If an officer is out in the field,
he doesn't have that luxury."
The RCPD does not condone coercion, Mills said, but it can use
aggressive interrogation techniques.
"A lot of people don't think a police officer can lie to them,"
he said. "We can lie to get a confession. We can throw down a set of fingerprints
and say they are yours. You can use trickery, you just can't coerce."
Mills said that although they use certain tactics, detectives
respect the person in custody no matter what they suspect them of doing.
"We can't deny them use of a bathroom. If they are thirsty,
we give them a drink," he said. "I am not saying we don't get loud and accuse
people. Our job is to make sure the story they are telling is correct. We
don't use violence or the threat of violence, and we don't make promises
we can't keep."
When people are in custody, they are given their Miranda rights,
but if they continue talking after requesting a lawyer, it is admissible
in court, Mills said.
But for Lowery, reforms to the interrogation process are of
no assistance. Clark said he and Lowery are discussing a civil claim to receive
compensation for his years in jail and high expenses for DNA testing.
"We can't give the years of his life back," Clark said.