Tuesday, September 20, 2016
Chris Tapp: Idaho; Bulletin: Judge reserves decision on whether prosecutors failed to disclose exculpatory evidence..."Public Defender John Thomas argued that court discovery records show prosecutors released tapes of several interrogations and polygraph sessions to Tapp’s original lawyers, but prosecutors hadn’t turned over three key videos of polygraph sessions conducted in January 1997 by former Det. Steve Finn. “(Tapp) was coerced and tricked and manipulated,” Thomas said. Thomas argued the court shouldn’t get bogged down in procedural matters because the life of an innocent man is on the line. “You have the power to correct a horrible injustice and free an innocent man,” Thomas told Stephens. “… Let’s do justice here.” A slew of outside experts, including one commissioned by prosecutors, have found that the polygraphs were performed improperly, even unethically, and that key details of the murder that later showed up in Tapp’s confession were fed to him by police during the sessions. They also found that the polygraphs were psychologically coercive, particularly when paired with repeated threats that 20-year-old Tapp could face the gas chamber and offers of immunity in return for implicating others in the crime. Experts who believe Tapp is innocent have pointed out that former Det. Jared Fuhriman told Tapp that many people, including police officers such as himself, totally repress memories of disturbing and violent events. The experts argue that officers tried to convince Tapp that his memory was unreliable, but the polygraph could ferret out truths that his mind had suppressed. Thomas argued that police had used the polygraph to “lead him down a path” that ended in a false confession." Reporter Bryan Clark; Post Register; September 20, 2016.
COUNTDOWN: 16 days to Wrongful Conviction Day: (Thursday October 6, 2016);
"Bonneville County prosecutors made their case Tuesday that an appeal filed on behalf of Chris Tapp, currently serving 30 years to life for the 1996 murder of Angie Dodge, ought to be thrown out of court. "Tapp’s appeal (technically called a “motion for post-conviction relief”) is based on two primary claims. The first is that prosecutors never turned over video of three polygraph sessions. The second is that those videos tend to show Tapp isn’t guilty of the crime to which he confessed. The courtroom was so packed that many people were turned away. The hearing wasn’t focused on whether Tapp is innocent. Instead, it focused on whether he ought to be allowed to argue that prosecutors failed to disclose exculpatory evidence. A decision on the issue is pending.........Public Defender John Thomas argued that court discovery records show prosecutors released tapes of several interrogations and polygraph sessions to Tapp’s original lawyers, but prosecutors hadn’t turned over three key videos of polygraph sessions conducted in January 1997 by former Det. Steve Finn. “(Tapp) was coerced and tricked and manipulated,” Thomas said. Thomas argued the court shouldn’t get bogged down in procedural matters because the life of an innocent man is on the line. “You have the power to correct a horrible injustice and free an innocent man,” Thomas told Stephens. “… Let’s do justice here.” A slew of outside experts, including one commissioned by prosecutors, have found that the polygraphs were performed improperly, even unethically, and that key details of the murder that later showed up in Tapp’s confession were fed to him by police during the sessions. They also found that the polygraphs were psychologically coercive, particularly when paired with repeated threats that 20-year-old Tapp could face the gas chamber and offers of immunity in return for implicating others in the crime. Experts who believe Tapp is innocent have pointed out that former Det. Jared Fuhriman told Tapp that many people, including police officers such as himself, totally repress memories of disturbing and violent events. The experts argue that officers tried to convince Tapp that his memory was unreliable, but the polygraph could ferret out truths that his mind had suppressed. Thomas argued that police had used the polygraph to “lead him down a path” that ended in a false confession. Much of the argument focused on a set of affidavits from former police and prosecutors, who made the case that Tapp’s lawyers knew about the polygraphs and probably received video of them. Tapp’s defense had no similar affidavits to back up the claim that the files hadn’t been turned over, basing their case instead on court discovery records.........In response to a section of former Sgt. Phil Grimes’ affidavit saying that the Idaho Falls Police Department’s policy and practice was to log and track evidence carefully, Thomas simply said, “Two words: Kimball Mason.” Mason is a former Idaho Falls city prosecutor who became, in his own words, “the poster boy for public corruption.” He pleaded guilty in 2007 to stealing two guns (though he admitted stealing 16) from the Idaho Falls Police Department’s evidence locker and falsifying court records to cover his tracks. Some of those guns were found in the possession of an IFPD officer who also pleaded guilty. Mason served nearly four years in prison for stealing the guns and lying to prosecutors about the whereabouts of those firearms. Stephens asked Thomas if he had evidence beyond court discovery records to show the videos weren’t turned over. Thomas said he didn’t at present but may have more by trial. Stephens took the arguments under advisement without issuing a ruling. He is likely to publish a written ruling within days or weeks."
