STORY: "How to stop wrongful convictions," by Bryan Clark, reported by The Idaho Falls Post Register on July 8. 2017.
GIST: "The
United States criminal justice system has seen a large, growing number
of exonerations of wrongfully convicted defendants in recent years. ... “If
there’s one lesson that can be learned from the Chris Tapp case, it’s
that recording of police interrogations is absolutely essential to understanding how a suspect came to confess to a crime he may not have
committed,” Steve Drizin said. Drizin
is the former director of the Center on Wrongful Convictions. He’s
defense council to Brendan Dassey, who was convicted of murder in 2007
after confessing. His case was spotlighted in the Netflix series “Making
a Murderer.” Like Tapp, Dassey, who confessed under interrogation at
age 16, says his confession was false, the result of police coercion.
Two federal courts have sided with Dassey, finding that his confession
was coerced by police. Drizin
produced an expert report on the Tapp case focused on evidence of a
false confession. He previously told the Post Register it was the “most
contaminated and least corroborated” confession he had ever seen. Drizin
is also the co-author — along with law, criminology and psychology
professor Richard Leo, now at the University of San Francisco — of a
seminal 2004 study of 125 documented cases of false confession. That
study found that false confessions are highly likely to produce
convictions, that failure to record interrogations is widespread and
that not recording interrogations greatly increases the likelihood that a
false confession won’t be discovered. Tapp’s
interrogations were subject to perhaps more scrutiny in recent years
than any other aspect of the case. But Drizin points out that things
could have been much different, because Idaho is one of several states
where police are not required to record interrogations. Drizin said that
has the potential to leave big gaps in the record. “Detective
(Jared) Fuhriman testified that he didn’t feed any facts to Chris
Tapp,” Drizin said. “The video was powerful proof that that testimony
was false. And in states where they don’t have an electronic recording,
there’s really no way to challenge erroneous testimony by law
enforcement officers about what was said during an interrogation.
Without a recording, there would be no way to prove Detective (Steve)
Finn threatened him (Tapp) with the death penalty. Detectives
conveniently forget or misremember such threats in the absence of
recordings.”.........During
the investigation of the Angie Dodge murder, the IFPD recorded
virtually all the interrogations of Tapp and other suspects they
interviewed, though it wasn’t required by law or court decisions. But
detectives didn’t record a Jan. 29, 1997, trip they made with Tapp to
the crime scene. Prosecution-hired
investigator Stuart Robinson concluded that this made it impossible to
know whether any of the details of the crime contained in Tapp’s later
statements were fed to him by police, as virtually every detail of the
crime included in his prior statements had been. “By taking Tapp to the crime scene
and not documenting any of it, (the trip) makes any information from
Tapp (after the trip) questionable as to (its) reliability,” Robinson
wrote.
The entire story can be found at: