Sunday, April 9, 2017

Nagee Green: New York: False Confession Case? Jury to be chosen June 1 - but Green's lawyers are motioning to get his confession thrown out of court..."In August 2016, Nazaire was stabbed and killed on Cornell University’s campus during a fight outside a party. Green was charged with second–degree murder, a class A1 felony; and one count of assault in the second degree, a class D felony, in November 2016. Green’s attorneys filed a motion in January to have the confession that Green made during an interview with the New York State Police suppressed because they said investigators lied and used “mind games” with Green, saying they had a video of him stabbing Nazaire. However, no video evidence of Green’s committing the act was found, according to court documents."


STORY:"Jury to be chosen June 1, in Anthony Nazaire case," by reporter Jack Sears, published by The Ithican on April 2, 3017.

GIST:  "Jury selection will begin June 1 for the trial of Nagee Green, the suspect accused of killing Ithaca College student Anthony Nazaire, but Green’s lawyers are motioning to get his confession thrown out of court. In August 2016, Nazaire was stabbed and killed on Cornell University’s campus during a fight outside a party. Green was charged with seconddegree murder, a class A1 felony; and one count of assault in the second degree, a class D felony, in November 2016. Green’s attorneys filed a motion in January to have the confession that Green made during an interview with the New York State Police suppressed because they said investigators lied and used “mind games” with Green, saying they had a video of him stabbing Nazaire. However, no video evidence of Green’s committing the act was found, according to court documents. Joe Joch, lead attorney for the Green case, said Green is innocent and is pleading not guilty to the charges....Joch said the police lectured and manipulated his client into confessing. “There is a proper way to try and obtain information from somebody, and that is to ask questions and to wait for the person to answer the questions,” Joch said. “When you spend the whole time lecturing the suspect as to what he should admit to and what he should accept as reality … that’s diametrically opposed to the idea of asking questions.” Deputy District Attorney Andrew Bonavia said the district attorney’s office does not comment on ongoing trials...According to court documents, Green consistently denies stabbing Nazaire in the video of his confession when being interrogated by New York State Police officers. Later in the video, he said it could have been accidental if Nazaire fell on the knife; Green then confessed to stabbing Nazaire. The New York State Police declined to comment on the interviewing techniques used in this case. Charles Brainerd, professor and chair of the College of Human Ecology at Cornell University, said most investigators use the Reid technique in interrogations, which guides officers on how to get confessions by using tactics such as monologues, accusations and goals during an interrogation. The Reid technique is widely used but not by every law enforcement agency, Brainerd said. It is unclear which tactics were used by the New York State Police when interviewing Green. “Many of the techniques have been reviewed and found perfectly legal by the Supreme Court,” Brainerd said. “[This case] falls into the general category of lying to suspects about evidence and lying to witnesses about evidence. That’s been held up repeatedly as a perfectly legal technique to use.” Brainerd said there are flaws to intense police interrogations and that they could produce false confessions. “People that have studied interrogations have conducted carefully controlled experiments in which they attempt to get people confess to crimes that they didn’t commit, using each one of the Reid  echniques,” Brainerd said. “We do know that it has powerful effects, and we do know that it is able to produce false confessions.” Ray Bull, professor emeritus of forensic psychology at the University of Leicester in the United Kingdom, said the public believes only guilty offenders will confess, though some interrogation techniques — like lying to a suspect, as found in the Reid technique — can produce false confessions. Like the general public, Bull said officers also believe that if someone confesses to a crime, they are likely to have committed it, even if problematic methods were used to ease a confession out of a subject. Joseph Buckley, president of John E. Reid and Associates, defended the Reid Technique in an email, stating it does not produce false confessions but that coercive behavior by the interrogator does."

 
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.