Publisher's note: I felt proverbial 'goosebumps' yesterday when I read the Death Penalty Information Center (DPIC) report on the reinstitution of Melissa Lucio's conviction and death penalty for the death of her 2-year-old daughter, by a divided U.S. Court of Appeals.
The goosebumps were triggered by the following passage:
"The primary evidence implicating Lucio was a recording of statements she made to police during lengthy interrogation the night her daughter died. During that interrogation, Lucio admitted to spanking Mariah, but denied ever having abused her. Late into the night, after hours of continuous interrogation, Texas Ranger Victor Escalon pressured Lucio to say more. She responded with: “I don’t know what you want me to say. I’m responsible for it.” When Escalon later asked her about specific bruises on her daughter’s body, Lucio said, “I guess I did it. I guess I did it.” Lucio’s lawyers sought to present testimony from a psychologist to explain the coercive effect of the police interrogation on Lucio, whom Dr. John Pinkerman described as a “battered woman” who “takes blame for everything that goes on in the family.” A previous Death Penalty Information Center report indicates that, "The trial court barred Pinkerman from testifying, asserting that his testimony was irrelevant because Lucio had “denied ever having anything to do with the killing of the child.”
On reading this passage, I immediately had a rush of thoughts about the Brenda Waudby case - one of the early 'Charles Smith' cases I had reported for the Toronto Star - which involved a charge of murdering her 21-month-old daughter - Baby Jenna - and the taking of a supposed 'confession' by the police after what I would later charactarize as one of the most "disturbing" interrogations (and investigations) I have ever been aware of.
Bear in mind the following as you read every word of the following text relating to the Waudby 'confession.'
A: Brenda Waudby was innocent - a grieving mother who should have been allowed to grieve for her beloved baby daughter, rather than being arrested and charged with murdering her.
B: "Her wrongful prosecution was based on: the subsequently proven wrong time of death provided by Dr. Charles Smith, a pathologist who later admitted his own incompetence; the terribly flawed investigation conducted by The Peterborough-Lakefield Community Police Service, and the 'so-called' confession which had been obtained by the police through crude, cruel, despicable coercion and manipulation. (Just like the so-called confession taken by the Texas police from Melissa Lucio, also a grieving mother who deserved to be treated with compassion, rather than as a criminal who deserves to be executed.)
B: Waudby was totally exonerated after an ordeal that lasted many years. The real killer - a 14-year-old referred to in court as JD - was subsequently charged and convicted. This is the only Charles Smith case I am aware of where a child was actually the victim of a crime. All the others - and there were many, were crimes that existed only in Smith's mind - manufactured by him - involving innocent parents like Brenda Waudby, and innocent caregivers.
C: From the outset, the case against was so bereft that the police planted an undercover agent into Waudby's Narcotics Anonymous group to befriend her and get evidence to use against her. Anonymous? With nothing more than Smith's time of death, which was coming under attack by respected, experienced pathologists, they badly needed a confession - all of which explains the almost desparate extent to which the police, to their shame, went to get a confession from Brenda.
I described this iniquitous interrogation in a November 28, 2010 post on this Blog, based on Peterborough Examiner reporter Sarah Deeth's story relating to an affidavit filed by Waudby in Superior Court:
"During the eight months between Jenna's death and my arrest I was subjected to aggressive police tactics, undercover surveillance and wiretap surveil-l ance, co-ordinated at times between the police and the CAS and explicitly designed to obtained a confession from me," Waudby states.An undercover officer, Maya Schlegel, befriended Waudby to obtain a confession from her, she states, eventually winning an award for extracting a "confession" from Waudby when she didn't.
Waudby states she adamantly denied hurting Jenna.
She admits to smoking a small amount of marijuana before putting Jenna and her other daughter to bed the night before Jenna's death and that Jenna woke up later that night crying.
"I reacted badly by yelling at her to go to sleep, spanking her diaper and putting her in the her crib."
The affidavit refers to notes prepared by Schlegel, with Waudby expressing concern that police, after several lengthy interrogations, might have her believing something happened when it didn't.
Schlegel's notes suggest that the undercover officer asked Waudby if she suffers from memory lapses.
Between the police interrogations, and the suggestions by her "friend," Waudby states that she began to wonder if she was suffering from memory lapses and couldn't remember an eight-hour time period where Smith said Jenna was injured.
"Between July 7, 1997 and September 18, 1997, the focus of the police investigation was clearly to convince me that I had caused harm to Jenna during a 'blackout period' and to obtain a confession which would 'substantiate a pattern of past abuse' involving older rib injury," Waudby states.
On Sept. 18, 1997, Waudby was arrested, in front of her daughter Justine, and charged with second-degree murder.
She was brought to the police station, taken into an interview room and was told police had no doubt that she was responsible for Jenna's death.
"They told me that I was a good mother who made a mistake, got frustrated and lost control of my emotions. They told me that I had to admit to myself and everyone else that I had made a terrible mistake and that if I did my family would understand and support me."
Police told her Smith's report showed, beyond any doubt, Jenna's injuries were received in Waudby's care.
"I told police that Jenna had been crying incessantly and that I did experience what I described as "flashbacks." I now realize I was remembering and replaying images of the photographs shown to me by Det. Const. Dan Lemay on April 28, 1997, against the memory of putting Jenna to bed on the night of Jan. 20, 1997."
The affidavit states police repeatedly asked Waudby to remember what happened that night, suggesting she had made a terrible mistake, or even simply lost control and began swinging her arms, striking Jenna's torso.
"Det. Const. Lemay told me that Justine (Jenna's sister) was going to be in foster care and if I gave them a second statement they would ensure that I would be released that day so that I could try to get her back in my care. They talked to me about the difference between murder and manslaughter and the importance of co-operating with police when you've made an 'emotional spur of the moment' mistake.
"I was told that if I gave a second statement that con-firmed what they had discussed, then it would explain to my parents and family what had happened, and they would understand and support me."
Waudby went into the interrogation without having eaten. She states that she wasn't given any food. She was also denied her medication, Lorazepam, which she took each morning and night.
"They convinced me if I didn't give a statement that I would not be released. I was so scared by being remanded into custody than to leave a false statement. I was convinced by them that it would look better coming from me than it would coming from them."
