"When investigators first tape-recorded Kristine Bunch, she was hospitalized. Her hair was singed, her skin was cut up, and her nose was blistered. It was June 30, 1995, and her 3-year-old son, Tony, had died in a home trailer fire hours earlier. Bunch tried to save him, but when she couldn’t fight the flames, she ran outside and attempted to thrust his tricycle through his bedroom window. It was too late. At the hospital, law enforcement officers had already started to conclude that the fire had been intentionally set. Bunch, bewildered, didn’t realize she was a suspect. She cried and struggled through their questions. She could still smell the smoke. Later, she coughed up black phlegm. But investigators weren’t done with Bunch that day. They wanted to see her again. At 10 p.m., Bunch walked into the Decatur County Sheriff’s Office barefoot. All her shoes, gone in the fire. “Did you set it?” the investigator asked. “No.” “Then who did?” “I can’t tell you.” “You can.” “What am I going to do, make wild stabs at people that just don’t like me?” Days later, Bunch agreed to take a polygraph test, assured the goal was to eliminate her as a suspect. Strapped to a chair and facing a wall, she felt like the test administrator kept sneaking up on her. After the test concluded, Bunch says, the polygraph operator told her he knew she killed her son. In 1996, Bunch was convicted for Tony’s death, and she entered prison pregnant with another son. It took nearly 17 years before she walked free again, her conviction overturned in 2012. What finally proved her innocence? Lawyers from the Center of Wrongful Convictions discovered evidence from the Bureau of Alcohol, Tobacco, and Firearms showing that negative test sample results had been changed to positive results for accelerants. Experts also reevaluated the fire evidence, which has been scientifically refuted since her trial. They found that an accidental fire had claimed Tony’s life. There had been no crime at all. This is common among female exonerations. About two-thirds of exonerated women were wrongly convicted for incidents that never occurred, compared to about a fourth of men who were exonerated. A new analysis from the Women’s Project at the Center on Wrongful Convictions, based on data from the National Registry of Exonerations, shows that such false or misleading forensic evidence has played a role in more than a third of exonerated women’s cases. Many of these cases are also based on situational prosecutions where a female caregiver was blamed for someone’s injury or death.
About 43% of women exonerees have been
convicted of harming or killing a child or loved one in their care. DNA
evidence rarely proves their innocence, as it has in more than 25% of
men’s exonerations. Rather, DNA evidence has played a role in only 7% of women’s exonerations. But it was Bunch’s initial interrogation that set in motion her wrongful conviction. The classic manual “Criminal
Interrogation and Confessions,” widely used by police, features the
highly criticized “Reid Technique,” a nine-step interrogation guide
designed to garner a confession. Bunch never gave one, but the manual
provides other damaging, gendered instructions, stating: In a “final,
yet insincere effort to gain sympathy,” women sometimes engage in
manipulative crying as a ploy. At trial, Bunch’s lawyer told her not
to cry or show any emotion. Instead, she appeared stoic, yet she was
still accused of being manipulative. “I understand you have arranged to
have yourself impregnated during the period of time that you were out of
jail and prior to the trial,” Judge John Westhafer, said, laying down a
60-year sentence. “I can think of no other reason for that to have
happened than that you thought it would work to your advantage somehow
in this process. It will not.” He added that he would see to it that
the child became a ward of the state and was put up for adoption. “You
will not raise that child,” Westhafer reprimanded. “You’ll have nothing
to do with that child.” The judge was wrong."
Adapted from Exoneree Diaries: The Fight for Innocence, Independence, and Identity, copyright © 2016 by Alison Flowers. First hardcover edition published June 7, 2016, by Haymarket Books. All rights reserved.
Adapted from Exoneree Diaries: The Fight for Innocence, Independence, and Identity, copyright © 2016 by Alison Flowers. First hardcover edition published June 7, 2016, by Haymarket Books. All rights reserved.