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 thepublic are entitled to your considered, professionaljudgment.

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 theConstitution. 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 stringof ten brutal killings between 1973 and 1991. He hadtaunted 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 ofsexual abuse into scores of children who attended aManhattan Beach day-care. The case soon fell apart.Of the seven employees indicted, only two were triedand both were acquitted.

'I felt everyone knew I was lying. But my parents said,"You're doing fine. Don't worry." And everyone wassaying 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-oldalleged victim in the McMartin case simply told his parents andinterviewers at Children’s Institute International what theyobviously 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 Countyjudge declared John Stollinnocent after the man servedeighteen years in prison for allegedlyleading 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

On the morning of January 21, 1998,Stephanie Crowe, 12, was found stabbed todeath. No one said they heard anything thatnight. Police immediately suspected herbrother 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.

The Murder of Stephanie Crowe

Michael Crowe Crowe DVD (first 6 mis.)

Hours before the murder the Crowe’s neighborsspotted Richard Tuite, a 28-year old schizophrenicwith a record for drug and property crimes. Tuitehad past arrests for burglary, a stabbing and forleering at young girls and following them home.Tuite, who was roaming the area, stood on thevictim’s property and looked up at the windows.But by the time that an officer arrived Tuite wasnowhere 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.

Richard Tuite

Six months after their arrest a judge held overthe three boys for trial as adults. But the judgewarned prosecutors that their evidence waswholly lacking. He also wondered why Tuitehad been dismissed as a suspect. The boyswere released to the custody of their parents.

In January 1999, as jury selection for the boy’strial 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.

In May 2003 Tuite was convicted of voluntary manslaughter for Stephanie Crowe’s murder. In August 2004 he was sentenced to thirteen years.

Tuite’s shirt

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.

Youth statements and recantations

In 2004 an 8-year old girl was strangled todeath in the Georgia trailer park whereshe lived. A troubled 12-year old neighborboy confessed. He later retracted hisconfession, alleging that police hadrelentlessly interrogated him for hours. Butin 1995 he entered into a plea agreementand 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