Kassin, S. M. (2002). False confessions and the jogger case.

The New York Times OP-ED, November 1, 2002, p. A31.

THE NEW YORK TIMES OP-ED FRIDAY, NOVEMBER I, 2002

False Confessions and the Jogger Case

as in recent cases in which new DNA
By Saul Kassin evidence exonerated convicted confes-
sors, some on death row.
WILLIAMSTOWN, Mass. There are ways to assess whether a
he reopening of the Cen- confession corroborates an admission
The police and defendants disagree
over what transpired that night -
whether the parents had access to the
boys, for example, and whether prom-
ises to go home were made. For all
were no knife cuts. Kevin Richardson
did not seem to know the victim bled;
she bled profusely.
Looking at the accuracies, rather
than at the errors, might lead to the

T
tral Park jogger case of guilt. The first step is to see whether that is known, both sides may be right. conclusion that the confessions were
has exposed for scru- there were factors present that would Maybe explicit promises were not true. That is why the analysis requires
tiny the confessions of have increased the likelihood of coer- made but were implied or inferred. A a third step. A confession proves guilt
the five defendants that cion - like the age and competency of simple assertion like "you can't go if it contains details knowable only to a
led to their convictions. the suspect as well as the conditions of home, you're not cooperating" could perpetrator. On camera one hears
Four of the boys, now men - Antron custody and interrogation. Coercion lead the accused to imagine that co- questions that not only elicit informa-
McCray, Kevin Richardson, Raymond increases the risk of a false confes- operation would bring freedom. tion from suspects but communicate
Santana and Kharey Wise - con- sion, but does not guarantee It. Co- Of course, a coercive atmosphere information to suspects. At one point,
fessed on camera to the district attor- erced confessions may be true; con- does not absolve the guilty or invali- the prosecutor asked Mr. Richardson,
ney, Elizabeth Lederer. (The fifth de- versely, innocent people sometimes date their confessions. The Central "Don't you remember somebody us-
Park confessions are compelling pre-
fendant, Yusef Salaam, did not agree confess to acts they did not commit, cisely because they are so vividly de-
ing a brick or a stone?" - a question
to be taped.) The videotapes them- even without prompting. tailed. Yet the narratives are filled
that suggests the answer being sought.
selves are shocking In their details A second step requires considering The Investigators took Kharey Wise
with inconsistencies, contradictions
and the seeming truthfulness of the whether the confession contains de- and errors.
to the crime scene before his video-
defendants speaking. tails that are consistent with the taped statement, and the prosecutor
For example, Kharey Wise said the
Yet we now know from DNA evi- statements of others, accurate in their showed him pictures of the victim.
dence that Matias Reyes, a convicted match to the facts of the crime and Those actions made It difficult to tell
lead to evidence unknown to police.
serial rapist and murderer, had raped what he knew on his own, further
Lastly, a confession proves guilt If
the jogger. He says he acted alone. No diminishing the probative value of his
the accurate facts it contains are
DNA or other physical evidence con- knowable only to a perpetrator. To the Why admissions subsequent confession.
nected the five defendants to the extent that the details might have This multistep analysis does not
crime scene. become known to the suspect from
on video may not compel the conclusion that the confes-
Why then do the taped confessions secondhand sources, a statement loses sions were false - only that they
seem so compelling? To appreciate Its diagnostic value and cannot cor- be what they seem. failed to corroborate guilt. In the
how a confession can be both compel- roborate the admission of guilt. broader context of what Is now known,
ling and false, one has to understand In the jogger case, the confessions however, one might reasonably con-
the process. Every confession begins appear voluntary, textured with de- clude that Matias Reyes acted alone,
with a simple, stripped-down admis- tail, and the product of personal expe- jogger's head injuries were the result as he had In other rapes, and that the
sion: "I did it." But that's not enough rience. It Is easy, however, to mistake of being punched; after prompting, he five defendants were innocent of this
to prove guilt because people are too illusion for reality. Out of context, a said the injuries were caused by a crime.
easily coaxed into compliance. To tell videotaped confession is often like a rock; moments later, the rock turned The Manhattan district attorney,
' whether an admission Is true, investi- Hollywood drama - scripted with to bricks. Mr. Wise said he was with a Robert M. Morgenthau, wlll soon de-
gators seek proof in the form of a full crime facts, rehearsed during interro- friend named Al; suddenly Al van- cide whether to vacate the men's con-
post-admission narrative - a story gation, directed by the questioner and ished and was replaced by an Eddie. victions In light of the new disclosures
from the suspect that tells what he did, enacted by the suspect. In addition, there were inconsistencies and perhaps assert their innocence.
how, when, where and why. Risk factors for coercion did exist In from one account to the next. Mr. Wise He should also guard against similar
Most people cannot imagine that this case. The boys were 14to16 years and Kevin Richardson were taken to failures In the-future. Every minute of
they would ever confess to a crime old, making them more compliant the park and separately asked to point interrogation should be videotaped.
they did not commit. Yet false confes- than the average adult. At the time of to the attack site, and they pointed in This simple procedural reform will
sions have been amply documented - their videotaped statements, the de- different directions. deter police coercion, deter frivolous
- - - - - - - - - - - - - . fendants had been in custody and In- There were also factual errors. An- defense claims of coercion, and enable
Saul Kassin, professor of psychology terrogated on and off for 14 to 30 tron McCray said the jogger wore blue trial judges and juries to assess the
and chairman of legal studies at Wil- hours. Most interrogations last an shorts and a T-shirt; she wore long veracity of taped confessions. The
liams College, has researched and hour or two; law enforcement man- black tights and a long-sleeve jersey. best way to ensure and determine the
written extensively on the psychol- uals caution against pushing too much Kharey Wise said the jogger and her truth of a confession Is to record and
ogy of confession evidence. further. clothes were cut with a knife; there see the entire plc.ture. D