Interrogation of Suspects: Why They Lie

Posted on December 28, 2017 by Administrator | Leave a comment

On the face of it, we know the answer to this question regarding crime and suspects. Guilty suspects lie for various reasons. Innocent suspects even lie when they are “worn down” by fierce interrogation for hours on end and … they just want it all to end!

The topic of interrogation techniques can be a minefield of controversy – one I do not wish to tackle in depth. However, a primer may be appropriate to illustrate the point further on in this blog.

Valuable time, and resources can truly be wasted, in addition to contributing more torment for victim families! I was horrified a couple of weeks ago while watching an episode of Dateline about a missing person-homicide case which included two examples of lying that put the case off the track. The reasons they lied… had nothing to do with the case, only their selfish motives! Such is my motivation for this blog!

“In the United States, scholars estimate that somewhere between 42 percent and 55 percent of suspects confess to a crime during interrogation.”

Human Nature and a ‘Bare Bones Environment” During Interrogation-

According to several internet sources on interrogation, the keys to gaining useful information depends largely on the skill of the interrogator and the type of interrogation method used.typically only two or three uncomfortable chairs, a table, with no access for temperature control, lighting or bathroom facilities in order to “establish dependence on the interrogators.”

Physical Abuse and Deprivation-

In the case Brown v. Mississippi, the Supreme Court threw out a voluntary confession that was obtained after police officers r\ strung a suspect up in a tree and whipped him repeatedly. The Court’s decision was clear: Confessions obtained by force cannot be used as evidence at trial.

In the 1950s, it was okay to deprive a suspect of food. water, bathroom facilities and physically abuse a suspect for hours.

The benchmark case for protection of suspects during interrogation occurred in 1966 in the case of Miranda vs Arizona in which a kidnapping and rape suspect, Ernesto Miranda, was not informed his rights of obtaining an attorney when questioned and his right to remain silent prior to providing his confession. Many modern day crime shows, particularly Law and Order, have made this case part and parcel of their stories.

The moral compass with juries perhaps lying about nonexistent evidence versus lying about the welfare of people, particularly children, may not be palatable as have been demonstrated in documented cases brought to the Supreme Court level.

“Interrogators cannot misrepresent a suspect’s legal rights – Court rulings are clear that because the totality-of-the-circumstances, inquiry is fact specific and determinations of the limits of police deception are case specific” (American Psychological Assn.)

The Reid Technique-

A Chicago police officer in the 1940’s developed this technique which relies on observation of different kinds of eye blinks and body language, supposedly connoting anxiety which was interpreted as lying. This technique also uses the control questions while developing a rapport with suspects. However, this technique has been extensively researched for 40 years and debunked. Anxiety does not mean someone is lying. Rather, it is a natural response to a stressful situation.

Good Cop- Bad Cop-

We all know this technique in which one interrogator becomes the aggressor while the other in the team supposedly takes the side of the suspect, becomes his “friend and protector” in order that the suspect will let down their guard during questioning.

The PEACE-

Steps in the process-1) Preparation and Planning 2) Engage and Explain, 3) Account, 4) Closure and Evaluate) is a method conceived in the 1990s and used initially in the United Kingdom. It was developed by law enforcement and psychologists, designed to be non-confrontational and to prevent false confessions. This technique is considered best practice. As a suspect composes lies, eventually he will be caught in an inconsistency and, voila, the gig is up! ( I dare say, I think DCI, character Jane Tennison- Helen Mirren (BBC’s Prime Suspect Series) skillfully used this technique!

Dateline- The Halloween Party Episode -1027 October 27, 2017

What happened to Chelsea Bruck, 22 years old, who lived in a farm town located in Southeastern, Monroe, Michigan? Chelsea was ten years younger than her two best friends and grew up the youngest of five children in the town of Maybee (Kind of like Mayberry), Michigan.

It happened at Big Mike’s Halloween bash on October 25, 2014. 700+ partiers amid several heavy metal rock bands and alcohol under two tents. In the dark with only the light of the moon and a bonfire, all masqueraded guests. What a nightmare for investigators!

Becky, and friends Penny and Chelsea, were a threesome that night. However, they became separated and Chelsea never made it home. Chelsea did not drive and her homemade poison ivy costume which she labored for months to create, had no pockets for a cell phone. She tried to call a friend, borrowing a phone for a ride, but it didn’t work out. In the wee hours of the morning, it was learned that there may have been foul play involved. Her friends were remorseful and filled with regrets. One red shoe, and five months later, over 600 tips helped to solve this case.

This was a very engrossing episode, but, when the leads came about, one suspect lied for the attention, and the other lied for revenge in her own sick intimate partner violence scenario. What? How could anyone do such a thing when a young girl’s life is at stake?

What lessons can we learn from this true account? What lessons are there about the real challenges for investigators and the unconscionable motives of people? Chelsea’s family and friends were truly inspiring in their long journey for justice. I invite you to watch this documentary: Video- https://www.nbc.com/dateline/video/the-halloween-party/3608893

HELP FOR MISSING PERSONS

If you know of a missing person-unsolved homicide that needs assistance, contact the Cue Center for Missing Persons – http://www.ncmissingpersons.org/about/
References– https://people.howstuffworks.com/police-interrogation1.htm;

http://www.apa.org/monitor/2014/05/jn.aspx

http://forensicoutreach.com/library/4-police-interrogation-techniques-you-should-know-and-why-not-all-of-them-work/

https://people.howstuffworks.com/police-interrogation.htm

miranda vs arizona case;

https://i-sight.com/resources/investigative-interviewing-techniques-the-peace-model/

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Paying the Price Over and Over: Still More Victimization for Crime Victims!

Posted on October 26, 2017 by Administrator | Leave a comment

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Once upon a time there was a crime victim advocate who received a mysterious message from a State’s Attorney via her website. Ahh, yes, it was me. With considerable trepidation I listened to the message which concerned a very high profile Connecticut case of long ago that had international press that stretched from West Hartford, to Israel and Mexico, and even the TV show, “America’s Most Wanted” several times!

Background

This case was one in which I was personally invested beginning in the 80’s. I had bonded with the matriarch of the family with whom I attended support meetings. I was there as a court escort during every ghastly minute of the trial and sentencing to try to educate and support the family. In later years, I did a radio podcast with this wonderful woman who conveyed her ordeal after a 23 year wait for justice and after having survived many additional family tragedies. This elderly lady was resilience plus!

We would touch base every so often and, admittedly, we have not been in touch for a long time.

It is so hard to know when someone in their 70’s, 80’s or nearly 90 wants to “put it all away,” like sealing an envelope, locking the door and moving on forever, however, not at peace, their heart remains. This becomes the moral question when you are faced with a choice.

The Conversation

The attorney was a post conviction attorney and was in charge of representing the victim’s family in still another judicial hearing. The murderer was now requesting an appeal on the basis of ineffective counsel. All of the rules and procedures of ineffective counsel appeals are complex and speaks primarily to the plight of indigent clients.

However, in this case, the defendant was anything but poor, with a wealthy family able to hide him out for years in other countries undetected! Although money talks, the attorney told me that these appeals are seldom successful.

The Shocker

I was contacted as the attorney was scrounging around the internet to try to find contact information for the victim’s family.

What?? How could this be?

Was it because the attorney newly assigned attorney didn’t have access to the original case file? Was it because there was such a huge timeline from the initial crime convictions, years on the lamb, and actual capture and family members are now not able to be accessed?

This was a HUGE case with the FBI and the murderer being one of the most sought after criminals in history! Apparently, they don’t keep track of family once their job is done!

No, No, No… The real reason was that all of the funds in post conviction Connecticut cases currently have to be put into the judicial process. That means there are no investigators to assist and no victim advocates to notify victim families! No funds whatsoever on the victim side of the equation such that an attorney is relegated to doing his own internet searches and being as creative as possible to get the job done.

As a homicide survivor from Connecticut I am horrified! How many other post conviction cases are there with absolutely no victim services for investigation and the all important notification?

(The actual timeline spanned from the date of the murder in March 1987 to July of 2011 when the evil perpetrator was finally escorted to prison in Connecticut to begin serving his 60 year sentence.)

The Request and Follow-Up

Can I contact the victim’s family and notify them that this proceeding is taking place soon and provide contact information to the attorney? There was another option of a former retired investigator assisting.

I was truly torn. To receive a communication out the the blue, involving this family who has gone through so much already. In addition, I did not know how my very elderly friend’s health could withstand such news or whether she had any interest at all to disrupt her life yet again! And wait a minute – It is the responsibility of the State of Connecticut and affiliated Victim Services to provide notification and follow up support!

I tried to research and locate an older family sibling in and out of Connecticut and made calls, but was unsuccessful in reaching the correct person.

I then decided to check out the situation further and went to the West Hartford Police to speak to a detective. The young detective listened and agreed to check on the veracity and the circumstances, which he verified with a follow up call to me. However, it was clear that they were still putting the ball in my court.

I still did not feel comfortable calling this family’s matriarch after so many months to deliver such news! It didn’t feel right. I think I was correct. This is why… In July 2011 the perpetrator’s sentence was disposed and he was ordered to begin his long overdue sentence in a secure facility.

At this proceeding, the following were Addie’s words-

“I’m not here to see Adam Zachs. My family is not here to see Adam Zachs. I’m here to support some of the people [who captured Zachs] – the West Hartford police, the U.S. marshals. They were relentless.”

“The reason I don’t want to see Adam again is I’ve had enough of the Zachs family,” Carone said. “Three weeks at the trial they looked at us with hate in their eyes and their faces, anger at us, and arrogance. No words of any kindness or sympathy. Shame on the entire family. I will never, never forgive that family.”

Parting Thoughts

What has our criminal justice system become when there are absolutely no funds to notify victims of still more turmoil in a scenario that has dragged on for years and years? How many more families are affected by this situation? Why are survivors of crime a mere afterthought in such cases?

There is no doubt that this murderer was guilty and that thousands, maybe millions of dollars were expended in investigating and trying to capture this worthless human being- a person with no conscience and was all about privilege to get through life?

This is the responsibility of our State as a matter of public safety and our Constitutional Victim’s Rights. We must inform in a timely matter with sensitivity, the perils of crime -wounds that never seem to heal.

References-

https://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/crimjust_cjmag_24_3_primus.authcheckdam.pdf

https://patch.com/connecticut/westhartford/convicted-killer-zachs-taken-away-to-prison

DonnaGore-2 To schedule Donna R. Gore for your next conference, seminar or event, please contact ImaginePublicity.Phone: 843-808-0859 or Email: contact@imaginepublicity.com

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The Silence Can be Deafening- No Apologies for Being an Advocate

Posted on April 17, 2017 by Administrator | 6 Comments

Don Gore, my father

After 36 years of surviving the most life-changing event in one’s life, you gain perspective, but you also lose friends along the way.

My father’s murder occurred in Hartford Connecticut on April 17, 1981, and it made the law books for a particular legal maneuver. It was a case whose trial was prolonged for 6 1/2 years, caught in the morass of determinate and indeterminate sentencing laws. It was a case that coincided with the infancy of victim rights. My father’s case began as a missing person and ended as a homicide.

It was a case characterized by unthinkable events such as our family learning the news via a newspaper article and taking it upon ourselves to call the police, as no notification had come our way. There were promises were made such as, “This career criminal will never get out.” In fact, a very skilled attorney/victim advocate was puzzled as to why the perpetrator ever became eligible for parole in 2013.

My father’s murder case changed the State of Connecticut policy regarding the anonymity of victims during a parole hearing although the parole board failed to even acknowledge such a milestone.

That’s when I decided not to be silent. Don Gore needed a voice and I became that person in every way imaginable.

It is not a role I consciously chose, it evolved as my intellectual curiosity and need for justice grew.

Times have changed, with an entirely new generation appearing since 1981. The landscape in victim services has expanded to include a plethora of agencies, governmental to non-profit. In addition, in 2017, violence, public perception, tolerance of what once was unacceptable, and the ever-changing social mores, has also escalated with the immediacy of social media.

In situations such as violent crime, I believe complacency breeds indifference. If you are not part of the solution, you could be part of the problem. It’s not that you have to go the whole hog, just make a meaningful contribution in your own way.

But then, there are the constants that don’t seem to change the work against positive change and hope for the future. These elements are equal to the silence that pervades if you chose not to be a voice for change, or, at the very least, acknowledge what others are doing and give moral support. The silences can be deafening causing me to work with increased fervor. Some examples:

The murderer having no cognizance of who he killed or who was related to him in addition to showing no remorse;
The vulnerabilities that still surface, even after 36 years;
The tendency of the public to stay in denial mode, shaking their collective heads unless homicide or other crimes have touched them personally;
The lack of connection or involvement in many homicides and missing person families;
The refusal to see beyond the obvious that homicide and missing persons isn’t uplifting and that there is nothing positive that can come forth by educating and creating awareness. How wrong these people are, they will never get it! When you look beyond the surface, as advocates, we have been the force for so much positive change. As a byproduct, you gain surrogate families who can be very nurturing. Out of tragedy, inspiring events occur.
The lack of resources and assistance for so many families, even in this enlightened era forcing us to be ever more creative to get the job done.

The Future

Although I do not look forward to the five-year mark looming in the background for another appearance at a parole hearing in 2018, I embrace the right and duty to continually try to be the voice of my father, Donald W. Gore, whose life was snuffed out so abruptly and unfairly.

I hope he will be observing with pride from his place in heaven. Dad, you are missed by many!

DRG- 4-16-2017

DonnaGore-2

To schedule Donna R. Gore for your next conference, seminar or event, please contact ImaginePublicity.Phone: 843-808-0859 or Email: contact@imaginepublicity.com

Why Was Convicted Murderer Adam Zachs Eligible for Bond?

Posted on September 28, 2016 by Administrator | Leave a comment

Adam Zachs stands in court to face a 60 year sentence for the murder of Peter Carone, Thursday, June 30, 2011 in Hartford, Conn. Zachs was found in Mexico after spending 22 years on the run. (AP Photo/Michael McAndrews, pool)

Appeal Bonds Definition- An Appeal Bond – (Also called a Supersedeas Bond) is a surety bond required by one who wishes to have a judgment or execution of judgment stopped pending reconsideration of the case by the Court. The bond guarantees that the opposing party will be made whole should the appeal action be unsuccessful.
Appeal bonds in most cases require collateral security in the form of cash or an irrevocable letter of credit.

Adam Mark Zachs is a convicted murderer from Connecticut sentenced to 60 years for the murder of Peter Carone. He had been on the lam from authorities since June 1989 for 22 years after fleeing the State of Connecticut while his first-degree murder conviction was on appeal. His Aunt posted a $250,000 bond after sentencing

On August 23, 1988, after less than two hours of deliberation and with overwhelming evidence presented against him, Zachs’ attorney immediately appealed the verdict and was next scheduled to appear in court in June 1989. Zachs was set free on a $250,000.00 bond, posted by his aunt, Sybil Deitch.

I was in the Courtroom with the Carone family when Judge Thomas J. Corrigan (The same judge presiding over my Dad’s murderer) ruled to release this killer to his parents.

On October 13, 1988, Judge Thomas H. Corrigan set four conditions on Zachs’ Appeal Bond:

He “must live with his family;”
He was “not to possess a gun, rifle, etc.”
His parents were told they must take on the and responsibility of searching [his] belongings and automobile;” and
“Any violation of these conditions would constitute a violation of the conditions of the Appeal Board.”

I though it incredulous when I heard the judge say, “Now will you promise to search his room and car for any weapons? Yeah, … Right! “Oh, Yes Judge, of course, we promise”

As far as we knew, his father and his father’s employees (who were complicit in hiding him out in “who knows where” and a family of wealth did everything to disrespect the system and justice for the Carone family after the murder of Peter Carone!

Fugitive Adam Zachs

It was rumored that perhaps Adam was sent to Israel. However, it was Mexico as we were to learn. Zachs created an entirely new identity, computer business, taking a wife and having children. This man was said to have a Little Napoleon Complex” hot headed and hot-tempered. Why else would you shoot someone after they made a remark and “spit shined a spot at the bar”…. causing rage after discussing a basketball championship!

Zachs was arrested in February 2011 and extradited back to Connecticut from Leon Guanajuato, Mexico.

As of October 11, 2011, The State of Connecticut Attempted to “clean up the underhanded nature of doing business as a bail bonds agent with oversight by the Insurance Commissioner as it pertains to the professions excluded, licensing, accounting practices, ethics, referrals, facilities allowed to do business etc.

https://www.cga.ct.gov/2011/ACT/PA/2011PA-00045-R00SB-00028-PA.htm;

But the REAL question is, why did Adam Zachs become eligible at all?

There are certain considerations if a case is heard in Federal Court, if a perpetrator is seeking release before sentencing (Zachs was already sentenced to 60 years) or whether there is an issue of appeal to consider to reversal, reduction or a new trial. As noted in Criminal lawyers.com-

“If a convicted defendant is sentenced to prison and seeks bail pending an appeal, the judge must also consider the merits of the appeal as well as the defendant’s risk of flight and dangerousness. Essentially, the judge must find by clear and convincing evidence that:

The defendant isn’t likely to flee
The defendant isn’t a danger to the community
The appeal isn’t a delay tactic
The appeal raises a substantial question of law or fact likely to result in reversal, an order for a new trial, a reduced sentence or a sentence that doesn’t include a prison term”

Conclusion

I would say that Judge Corrigan made one of the most significant errors of his career while on the bench! He saw a family of means who he thought would watch over their felon son and believed their lies.

How could he know this case would be one of the most high-profile international cases of its time and that the perp’s family and employees would commit criminal acts as well?

How could he know that this case would be featured on “America’s Most Wanted “several times?

How could he know that the Carone family would suffer so many losses over years and this case contribute to the death of other family members?

Since then, in a previous podcast with Shattered Lives Radio, Addie Carone alluded to the fact that this case set precedence – as well it should have!

Suffice it to say that the Carone family is to be admired for their character, resiliency, and perseverance against what seemed like impossible odds to “catch a killer.”

References: http://articles.courant.com/2011-02-02/news/hc-adam-zachs-captured-0203-20110202_1_adam-m-zachs-michael-carone-appeal-bond

http://www.cbsnews.com/news/adam-zachs-arrested-conn-man-who-vanished-after-89-murder-conviction-captured-in-mexico/

http://www.courtbondsurety.com/appeal-bond

http://www.adamzachs.com/

http://criminal.lawyers.com/criminal-law-basics/obtaining-bail-after-a-conviction.html