False Confessions

The topic of false confessions was front and center at today's meeting of the Texas Criminal Justice Integrity Unit.  The Integrity Unit was formed last year by Court of Criminal Appeals Judge Barbara Hervey to examine widely acknowledged problems in the criminal justice system.

Richard Leo, an Associate Professor at the University of San Francisco School of Law, an expert on false confessions, provided an overview of the problem and solutions.  He recommended that all custodial interrogations be recorded, thus creating an objective record of what happened.

Leo outlined three distinct types of false confessions; voluntary, compliant, and persuaded. 

He noted that false voluntary confessions are often seen, and generally weeded out, in high profile cases such as the JonBenet Ramsey case. 

Compliant false confessions come about to avoid stress, or end the interrogation; often as a result of threats or promises made during the interrogation.  Leo cited Chris Ochoa's false confession as an example. 

Persauded false confessions occur because the person being interrogated has no memory of the event, but becomes conviced that s/he must have committed the crime because of statements made by the interrogator that there is physical evidence linking the suspect to the crime.  Leo said such confessions may occur over prolonged interrogations, and Leo said he believes Austinite Michael Scott's confession to be a persuaded false confession.  It's important to note that police are able to lie about available evidence during interrogations in order to obtain confessions.  Leo said that people who have abused drugs and alcohol may be especially suseptable to giving persuaded false confessions.

Michael Scott is one of two men awaiting new trials in Austin's yogurt shop murders.  Leo said he believes that the other yogurt shop defendant, Robert Springsteen, also falsely confessed to the crime.  Leo cited the two Austin men's cases as proof that videotaping custodial interrogations alone is not an absolute solution, though he believes the practice greatly reduces the potential for false confessions to proceed.

Leo said that it was important to catch false confessions as early as possible because they are so prejudicial to a case -- what is more convincing of guilt than a defendant's confession.  He described the rush to judgment from a false confession as a snowball.

10 states currently mandate electronic recording of custodial interrogation because of state court ruling or legislation.  He cited Wisconsin and Minnesota as leaders in the practice.  In past legislative sessions State Senator Rodney Ellis has introduced bills to mandate recording interrogations.  Today, Judge Hervey said that she is working with Senator John Whitmire on another version such a bill.  Integrity Unit members Jerry Madden and Jim McReynolds, both members of the Texas House, expressed interest in working on such legislation in the 81st Texas Legislature, which convened at noon today.

Leo added that law enforcement agencies that record the interviews never want to return to days of untaped sessions, but agencies that have not begun taping are extremely reluctant and resistant to try the practice.

Leo also cited Tom Sullivan's work persuading law enforcement agencies to record custodial interrogations.  Sullivan is a former U.S. Attorney who co-chaired the Illinois Governor's Commission on Capital Punishment.