Hirsch said authorities practiced standard confrontation by telling Richardson they had scientific evidence that the baby was not stillborn. They then used minimization techniques in telling her the purpose of the interrogation was so they could provide a proper burial for the newborn and that they know she didn’t mean to harm the baby, Hirsch said. “But they went beyond that,” Hirsch said. “They made two statements that I found particularly problematic. Lt. Faine said to her, ‘It’s not as if we’re suddenly going to jump up and judge you and say you’re going to jail.’ And Detective Carter said to her, ‘You just tell us everything and then we can move on.’” Hirsch said both statements were an “extreme and particularly troubling minimization tactic,” which led Richardson to believe she would receive no punishment if she confessed. “This can break down an innocent person and lead them to confess,” Hirsch said. Assistant Prosecutor Steven Knippen said minimization techniques can put a suspect at ease to confess information because it takes the focus out of the consequences.
STORY: "Cincinnati-area OB-GYN says Brooke Skylar Richardson's baby was stillborn," by reporters Abby Anstead and Evan Millward, published by WCPO on September 10, 2019.
SUB-HEADING: "Defense testimony begins in murder trial."
GIST: "A
Cincinnati-area OB-GYN said he believes Brooke Skylar Richardson's
newborn daughter was stillborn when Richardson gave birth on a toilet in
her family’s Carlisle home in 2017. Dr. John E. White said the
way Richardson described her newborn to authorities — white, not
breathing or moving and with no heartbeat — is consistent with a
stillbirth. Richardson, 20, is accused of killing her newborn daughter on May 7, 2017 and burying her in the backyard of her family’s home. The defense called witnesses to testify on Tuesday; the state rested on Monday after four days of testimony. White
said Richardson described a stillbirth in her interview with
authorities on July 14. Richardson told investigators the baby wasn’t
breathing, she didn’t see any movement, her eyes were closed and she
didn’t notice a heartbeat. “In my experience, when you deliver a
healthy newborn, they’re almost purple … they have a blue to purple
appearance until they let out that first scream,” White said. White
said he also believes Richardson’s pregnancy was affected by
intrauterine growth restriction (IUGR), a condition in which the fetus
does not grow at a normal rate. Dr. William Andrew measured
Richardson’s fundal height (distance from the pubic bone to the top of
the uterus) at 32 centimeters on April 26, 2017, which would mean
Richardson was about 32 weeks pregnant, according to Andrew. But
White said he believes the baby was conceived sometime between July 24
2016 and Aug. 7 2016, based on what Trey Johnson, the child’s father,
told investigators. White said Richardson was 39 weeks pregnant at her
April 26 visit, not 32 weeks as Andrew recorded. This would mean her
fundal height was lagging by seven centimeters, White said, which could
indicate intrauterine growth restriction. White said he reviewed several records to reach the conclusion that
Richardson delivered a stillborn baby, including records from Cincinnati
Children’s Hospital Medical Center that discuss Richardson’s history of
an eating disorder, Richardson’s high school and middle school records,
records from Hilltop Obstetrics and Gynecology, the coroner’s report,
Dr. Elizabeth Murray’s anthropology report on the remains, reports on
forensic pathology, Richardson’s interviews with authorities, Johnson’s
interview with authorities and the DNA report that confirmed Richardson
and Johnson were the baby’s parents. Dr. William "Kim" Brady, an
expert in maternal and fetal medicine who testified for the prosecution,
said intrauterine growth restriction cannot be determined by fundal
height. Brady said fundal height measurements are not an accurate
way to determine intrauterine growth restriction because fundal height
is only accurate until about 20 weeks. Fundal height measurements taken
during the third trimester are inaccurate about 60% of the time, Brady
said, and a diagnosis of intrauterine growth restriction does not
presume stillbirth. On cross examination, Assistant Prosecutor
Julie Kraft said White did not exam Richardson, and he only had one
measurement of the baby to review. Kraft pointed to Richardson’s
interview with authorities, in which Richardson says the baby made a
gurgle noise after she was born. White maintained his opinion that the baby was stillborn. “I did not think that was consistent with anything I've seen in 30 years, where a baby gurgles upon its birth,” White said. Richardson's
father, Scott Richardson, has been sitting behind her since the trial
started last year, however he testified as a character witness Tuesday
despite Ohio’s Separation and Exclusion of Witnesses. Defense
Attorney Mark Krumbein, who is not associated with this case, said
judges can make exceptions to that rule at any time. Krumbein said Scott
Richardson would be acceptable as a witness because his testimony
wouldn’t change based on what he heard from other witnesses. Richardson’s mother, Kim Richardson, is on the witness list and hasn’t been allowed in the courtroom. Scott
Richardson told the jury about his daughter’s childhood, including the
sports she played and her struggle with eating disorders. “She would never hurt another living being, let alone a baby,” Scott Richardson said. Judge
Donald Oda told the jury that Scott Richardson’s testimony wasn’t meant
to garner sympathy, but to help them understand her background. Asked what the biggest regret in his life is, Scott Richardson said, “Not having an attorney for the second interrogation.” Prosecutors on Monday
played Richardson’s second interview with authorities,
in which Richardson said she tried to cremate the baby after repeatedly denying she burned the body. Richardson’s
defense team says investigators planted ideas of cremation in
Richardson’s head. The forensic anthropologist who said the bones had
been burned later recanted that opinion. Professor Alan Hirsch,
an expert on criminal interrogations and false confessions, testified
investigators used a “very aggressive” version of the Reid technique (a
method of interrogation in which authorities confront the suspect and
attempt to minimize the crime) in Richardson’s July 20 interview. Hirsch
said authorities practiced standard confrontation by telling Richardson
they had scientific evidence that the baby was not stillborn. They then
used minimization techniques in telling her the purpose of the
interrogation was so they could provide a proper burial for the newborn
and that they know she didn’t mean to harm the baby, Hirsch said. “But
they went beyond that,” Hirsch said. “They made two statements that I
found particularly problematic. Lt. Faine said to her, ‘It’s not as if
we’re suddenly going to jump up and judge you and say you’re going to
jail.’ And Detective Carter said to her, ‘You just tell us everything
and then we can move on.’” Hirsch said both statements were an
“extreme and particularly troubling minimization tactic,” which led
Richardson to believe she would receive no punishment if she confessed. “This can break down an innocent person and lead them to confess,” Hirsch said. Assistant
Prosecutor Steven Knippen said minimization techniques can put a
suspect at ease to confess information because it takes the focus out of
the consequences. Prosecutors also showed text messages between
Richardson and her mother. The text messages reveal a shared obsession
with Richardson’s appearance, specifically her weight. Data from
Richardson’s phone also showed she took a photo of her stomach the
afternoon after she gave birth. She took pictures of her stomach on her
phone over the next three days. Detective Christopher Wong also
found April 17, 2017 searches on Richardson's phone for "what happens at
the gyno when your (sic) pregnant." Richardson's doctor confirmed she
was pregnant at an April 26 appointment. Wong said there could have been more data beyond what he was able to retrieve. A
bailiff on Monday confirmed Richardson's tampering with evidence charge
was dropped. Richardson is charged with aggravated murder,
manslaughter, endangering children and abuse of a corpse."
The entire story can be read at:
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;
