PUBLISHER'S NOTE: "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 (especially young 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 inducement. deception (read ‘outright lies’) physical violence, and even physical and mental torture.
Harold Levy: Publisher; The Charles Smith Blog:"
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QUOTE OF THE DAY: "The Virginia Beach Police Department said in a statement that the technique, “though legal, was not in the spirit of what the community expects.” The department said it stopped employing the tactic before it learned of the attorney general’s investigation."
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PASSAGE OF THE DAY: "One of those forged documents was presented in a bail hearing as evidence, Herring said. The police have entered into a two-year “conciliation agreement” with the attorney general’s office, committing to uphold the policy barring forged documents and report any violations. Police are allowed to lie in interrogations as long as those falsehoods don’t render a confession involuntary by overbearing a suspect’s will. The Supreme Court has ruled that falsely telling a suspect that his fingerprints were found at the scene of a crime did not meet that standard. In 1997, an appeals court in Virginia upheld a murder conviction involving forged DNA and fingerprint reports."
PASSAGE TWO OF THE DAY: “Unfortunately, courts, including in Virginia, have held that falsehoods by police in obtaining an alleged confession, even the use of forged documents, does not necessarily invalidate a confession,” defense attorney Chris Leibig said. “Such ploys are just a factor to be considered in whether a confession was voluntary. Reprehensible does not equal unconstitutional.” Some state courts have explicitly barred the use of fabricated evidence in interrogations, in part for fear that the fake documents would end up being used in court or otherwise disseminated publicly. It “brings to mind the horrors of less advanced centuries in our civilization when magistrates at times schemed with sovereigns to frame political rivals,” a New Jersey appeals court ruled in 2003. “We view the police conduct to be so inappropriate that it cannot be tolerated or withstand scrutiny under any constitutional or common-law principles.”
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STORY: "Virginia Beach Police Use Forged Forensic Documents to Coerce Confessions," by Reporter Rachel Weiner, published by The Washington Post, on June 13, 2022.
GIST: "Police in Virginia Beach repeatedly used forged documents purporting to be from the state Department of Forensic Science during interrogations, falsely allowing suspects to believe DNA or other forensic evidence had tied them to a crime, the state attorney general revealed Wednesday in announcing an agreement to ban the practice.
“This was an extremely troubling and potentially unconstitutional tactic that abused the name of the Commonwealth to try to coerce confessions,” Attorney General Mark R. Herring (D) said in a statement. “It also abused the good name and reputation of the Commonwealth’s hard-working forensic scientists and professionals who work hard to provide accurate, solid evidence in support of our law enforcement agencies.”
The Virginia Beach Police Department said in a statement that the technique, “though legal, was not in the spirit of what the community expects.” The department said it stopped employing the tactic before it learned of the attorney general’s investigation.
Officials said the practice was discovered in April 2021, when an assistant commonwealth’s attorney asked the Virginia Department of Forensic Science for a certified copy of a report that turned out not to exist. Police Chief Paul Neudigate was notified and immediately moved to prohibit the use of inauthentic documents in a May 1 directive. Reviewing thousands of cases, the department found five instances between March 2016 and February 2020 where fake DFS records were used in interrogations. The attorney general’s office opened its own investigation and this week confirmed those findings.
One of those forged documents was presented in a bail hearing as evidence, Herring said.
The police have entered into a two-year “conciliation agreement” with the attorney general’s office, committing to uphold the policy barring forged documents and report any violations.
Police are allowed to lie in interrogations as long as those falsehoods don’t render a confession involuntary by overbearing a suspect’s will. The Supreme Court has ruled that falsely telling a suspect that his fingerprints were found at the scene of a crime did not meet that standard. In 1997, an appeals court in Virginia upheld a murder conviction involving forged DNA and fingerprint reports.
“Unfortunately, courts, including in Virginia, have held that falsehoods by police in obtaining an alleged confession, even the use of forged documents, does not necessarily invalidate a confession,” defense attorney Chris Leibig said. “Such ploys are just a factor to be considered in whether a confession was voluntary. Reprehensible does not equal unconstitutional.”
Some state courts have explicitly barred the use of fabricated evidence in interrogations, in part for fear that the fake documents would end up being used in court or otherwise disseminated publicly.
It “brings to mind the horrors of less advanced centuries in our civilization when magistrates at times schemed with sovereigns to frame political rivals,” a New Jersey appeals court ruled in 2003. “We view the police conduct to be so inappropriate that it cannot be tolerated or withstand scrutiny under any constitutional or common-law principles.”
This is the second time Herring’s office has wielded his authority under a 2020 law prohibiting “a pattern or practice of conduct by law-enforcement officers” that violates civil rights. The first came in December, when the attorney general sued the town of Windsor for alleged racial discrimination in police stops and searches."
The entire story can be read at:
https://www.washingtonpost.com/dc-md-va/2022/01/12/virginia-beach-police-forged-documents/
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;
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
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:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice.
Jennifer Givens: DirectorL UVA Innocence Project.
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