PUBLISHER'S NOTE: This Blog is interested in false
confessions because of the disturbing number of exonerations in the USA,
Canada and multiple other jurisdictions throughout the world, where, in
the absence of incriminating forensic evidence the conviction is based
on self-incrimination – and because of the growing body of scientific
research showing how vulnerable suspects are to widely used
interrogation methods such as the notorious ‘Reid Technique.’ As all
too many of this Blog's post have shown, I also recognize that pressure
for false confessions can take many forms, up to and including physical
violence, even physical and mental torture.
Harold Levy: Publisher; The Charles Smith Blog:
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QUOTE OF THE DAY: "The
notice also accuses the department of coercing a false statement from
Osborne, who told the Post Register in May that officers told her she
could be charged with a crime if she did not testify against Tapp.“I
was manipulated and coerced and fed a huge story and threatened 23
years ago by the many members of the Idaho Falls Police Department to
falsely testify against Chris Tapp,” Osborne told the Post Register in
May.
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PASSAGE ONE OF THE DAY: "Neufeld accused the Idaho Falls Police
Department of ignoring evidence that showed Tapp was innocent, including
that his DNA did not match samples recovered from the crime scene.
“They could have remedied this several years earlier and they didn’t,”
Neufeld said."
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PASSAGE TWO OF THE DAY: "Tapp’s confession came under
scrutiny earlier this decade after Judges for Justice and the Idaho
Innocence Project examined recordings of his statements. The recordings
showed Idaho Falls Police Department officers had told Tapp he could
face the death penalty if he did not confess, and that he could receive a
light sentence if he named others involved in the case. The DNA
recovered from the crime scene, including a semen sample, did not match
Tapp. It also did not match any of the individuals Tapp claimed
participated in the rape and murder, including Hobbs."
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PASSAGE THREE OF THE DAY: "Several former Idaho Falls police officers are named in the
claim, including former Idaho Falls Mayor and police detective Jared
Fuhriman, former detective Kenneth Brown, former detective Phillip
Grimes and former detective Steven Finn, all of whom were part of the
investigation and interrogation of Tapp. During Tapp’s
interrogation, Fuhriman presented himself as Tapp’s friend, telling Tapp
he would take the fall for the crimes alone if he didn’t name Hobbs as
the killer. Fuhriman testified at Tapp’s 1998 trial that
detectives did not feed Tapp details of the murder during interrogation.
Reviews of the interviews, however, found Tapp did not know details of
the crime scene until detectives told him those details. Other times,
Tapp repeatedly guessed details, with detectives ignoring his incorrect
answers."
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STORY:
"Tapp sends City of Idaho Falls notice that he is going to
sue,"published by The Post Registerby reporter Johnathan Hogan,
published on December 27, 2019.
GIST: Christopher Tapp,
who spent nearly half his life in prison for crimes
he didn’t commit, has sent the city of Idaho Falls a notice that he
intends to file a lawsuit against the Idaho Falls Police Department.
“Mr. Tapp will seek damages for his unjust conviction and imprisonment
for over twenty years,” the notice said. The notice is a prelude to the
lawsuit itself, which may not be filed for months. City of Idaho Falls
Spokesman Bud Cranor confirmed the city had received the notice. The
notice claims the police department violated Tapp’s First, Fourth,
Fifth, Sixth, Eighth and Fourteenth Amendment rights. The notice also
accuses the department of wrongful arrest, false imprisonment,
negligence, infliction of emotional distress, defamation and malicious
prosecution. Tapp referred all requests for comment to his attorney.
Tapp
is being represented by nationally known attorney Peter Neufeld of
Neufeld, Scheck & Brustin, a New York City law firm. Neufeld,
who is
a founder of the Innocence Project, spoke at Tapp’s exoneration in
July. He also was a defense attorney for O.J. Simpson during his
notorious 1995 murder trial. Neufeld accused the Idaho Falls Police
Department of ignoring evidence that showed Tapp was innocent, including
that his DNA did not match samples recovered from the crime scene.
“They could have remedied this several years earlier and they didn’t,”
Neufeld said. Tapp
was arrested in 1997 and found guilty by a jury in 1998 for the 1996
rape and murder of Angie Dodge. The Bonneville County Prosecutor’s
Office based its case on a confession made by Tapp, as well as testimony
by
Destiny Osborne
that she overheard Tapp and Benjamin Hobbs talking about stabbing
Dodge. Hobbs was suspected of participating in the rape and murder with
Tapp. Crime scene DNA also didn’t match Hobbs’ genetic profile and he
was never charged in the murder. Tapp’s confession came under
scrutiny earlier this decade after Judges for Justice and the Idaho
Innocence Project examined recordings of his statements. The recordings
showed Idaho Falls Police Department officers had told Tapp he could
face the death penalty if he did not confess, and that he could receive a
light sentence if he named others involved in the case. The DNA
recovered from the crime scene, including a semen sample, did not match
Tapp. It also did not match any of the individuals Tapp claimed
participated in the rape and murder, including Hobbs.
Tapp was released from prison in
2017 as part of a plea agreement that dismissed the rape conviction, but kept the murder conviction on his record. In
May, the Idaho Falls Police Department found a match for the suspect’s
DNA that had been left at the crime scene and arrested Brian Dripps for
the rape and murder of Angie Dodge. Dripps told police he acted alone
and did not know Tapp. The prosecutor’s office filed a
motion to exonerate Tapp that was accepted by District Judge Alan Stephens on July 17. The
notice also accuses the department of coercing a false statement from
Osborne, who told the Post Register in May that officers told her she
could be charged with a crime if she did not testify against Tapp.“I
was manipulated and coerced and fed a huge story and threatened 23
years ago by the many members of the Idaho Falls Police Department to
falsely testify against Chris Tapp,” Osborne told the Post Register in
May. Several former Idaho Falls police officers are named in the
claim, including former Idaho Falls Mayor and police detective Jared
Fuhriman, former detective Kenneth Brown, former detective Phillip
Grimes and former detective Steven Finn, all of whom were part of the
investigation and interrogation of Tapp. During Tapp’s
interrogation, Fuhriman presented himself as Tapp’s friend, telling Tapp
he would take the fall for the crimes alone if he didn’t name Hobbs as
the killer. Fuhriman testified at Tapp’s 1998 trial that
detectives did not feed Tapp details of the murder during interrogation.
Reviews of the interviews, however, found Tapp did not know details of
the crime scene until detectives told him those details. Other times,
Tapp repeatedly guessed details, with detectives ignoring his incorrect
answers. Idaho Falls Police Department Public Information Officer
Jessica Clements released a statement Thursday in response to the
notice. “The Idaho Falls Police Department is proud of the work
done in recent months that led to the arrest of Mr. Dripps and
additional information on the Angie Dodge case,” Clements said. “The
city has received notice of Mr. Tapp’s intent to file a lawsuit and will
participate in the legal process moving forward.""
The entire story can be read at:
https://www.postregister.com/news/crime_courts/tapp-sends-city-of-idaho-falls-notice-he-intends-to/article_24685754-a0dd-5726-8984-7a4e75296153.html
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;
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FINAL WORD:
(Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it
exposes errors in our criminal legal system, and we hope that this case —
and lessons from it — can prevent future injustices.""
Lawyer Radha Natarajan:
https://www.providencejournal.com/news/20191210/da-drops-murder-charge-against-taunton-man-who-served-35-years-for-1979-slaying
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