Monday, January 11, 2016

Clarence Burcham: Minnesota; False Confessions: The Grand Forks Herald story presents parallels between this case and the Brendan Dassey case of Netflix fame: (Making a Murderer); One of those parallels is use of the controversial Reid technique which has been criticized as leading to false confessions from vulnerable people. ("Police used the Reid technique when interrogating both Dassey and Burcham, a method that White said is "so psychologically powerful" it can convince innocent people to falsely confess. The technique boils down to confronting the suspect ("we know you did it, just tell us why"), minimizing the seriousness of the offense and persistent questioning, White said.........."They tell you at the very beginning, don't use it unless you're sure the guy is guilty," said Tracy Eichhorn-Hicks, the attorney who defended Burcham. "Don't use it on children, don't use it on people who are mentally impaired, don't use it on people who are intoxicated. It's a form of coercion to get people to confess." (Must, Must Read. HL);


STORY: "Confession expert in ‘Making a Murderer’ sees parallels with Moorhead case," by reporter Grace Lyden, published by The Grand Forks Herald.
 
GIST: "Clarence Burcham just wanted to go on his family camping trip. He thought if he told police what they wanted to hear, they would let him. So after a pair of interrogations lasting more than six hours in 2009, Burcham confessed to the 1993 rape and strangling of Sharon Stafford, a Moorhead prostitute and his next-door neighbor. It's a plotline that might sound familiar to viewers of the highly publicized Netflix documentary series "Making a Murderer," which considers whether then-16-year-old Brendan Dassey falsely confessed to the gruesome 2005 murder of photographer Teresa Halbach. Lawrence White, a psychology professor at Beloit College in Wisconsin, was hired as a false confessions expert in both cases, and said he sees several parallels. Of course, there's at least one crucial difference. Burcham was found not guilty. Dassey was convicted. Vulnerable suspects: Burcham and Dassey both had low IQs, of about 70 or below. "That's an important similarity between the two cases because we know from studies that low intelligence individuals are at risk for giving false confessions," White said. People of low intelligence are more easily induced into confessing and less aware of the consequences, he said. That's why both Dassey and Burcham thought they could return to their usual lives afterward. After he confessed to helping his uncle rape and kill the photographer, Dassey asked police if he could go back to school to make his 1:30 class; amid a similar admission, Burcham asked if he could go on a family camping trip. "To me, that's pretty clear evidence that they don't really understand what's going on here," White said. The men maybe thought, " 'I'm not going to go to prison for this, because I'm innocent. It'll all get straightened out.' And they're very naive to think that." Burcham was older than Dassey -- he was in his 40s when he confessed -- but both were vulnerable and unassisted by a lawyer or family member, White said. "And then you combine that vulnerability ... with really skilled interrogators." Powerful interrogation:  Police used the Reid technique when interrogating both Dassey and Burcham, a method that White said is "so psychologically powerful" it can convince innocent people to falsely confess. The technique boils down to confronting the suspect ("we know you did it, just tell us why"), minimizing the seriousness of the offense and persistent questioning, White said.........."They tell you at the very beginning, don't use it unless you're sure the guy is guilty," said Tracy Eichhorn-Hicks, the attorney who defended Burcham. "Don't use it on children, don't use it on people who are mentally impaired, don't use it on people who are intoxicated. It's a form of coercion to get people to confess." When they ultimately confessed, neither Burcham nor Dassey demonstrated so-called "guilty knowledge," or facts known only to the perpetrator and police, White said in an email. Rather, they regurgitated facts that police "inadvertently 'fed' ... to the suspects.".........Significant difference: One major difference between Burcham's and Dassey's cases is that White didn't testify in Dassey's trial. In fact, no false confessions experts did...Late last year, Dassey's lawyers filed a petition for writ of habeas corpus, which aims to prompt a federal judge to determine whether his arrest and conviction were legal.The lawyers argue his rights were violated due to ineffective assistance of counsel and an involuntary confession."

The entire story can be found on:  

http://www.grandforksherald.com/news/crime-and-courts/3921035-confession-expert-making-murderer-sees-parallels-moorhead-case

PUBLISHER'S NOTE: A recent post of this blog on the Dassey case contained  some quotes by Buckley: The post, link provided below,  read as follows: "In the past several years, a number of false confession cases have received extensive publicity," Buckley wrote in a published paper for the University of Wisconsin. "In several of these cases the convicted individual has been exonerated by DNA testing and the actual perpetrator, in turn, has been identified. In these cases it is important to examine in detail exactly what happened; what went wrong; what are the lessons to be learned, and what are potential safeguards that can be put into place to prevent future mistakes." Buckley goes on to say that most cases of false confessions are linked to juveniles, which Dassey was at the time of the interview, and those with mental impairment, which also fits Dassey's profile."
 http://smithforensic.blogspot.ca/2016/01/false-confessions-making-murderer.html

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 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.ca/2013/12/the-charles-smith-award-presented-to_28.html

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