Orlando Sentinel

Scott Maxwell: Missing “confession” foils prosecutor­s.

- Scott Maxwell Sentinel Columnist

If you believe the prosecutio­n, the case against Noor Salman should’ve been a slam dunk.

Authoritie­s said the widow of Pulse shooter Omar Mateen confessed to being complicit in the attack.

They claim she flat-out admitted to being aware of the planned massacre, saying: “I knew.”

What more could a jury possibly need to hear?

Except here’s the thing: The jury never heard that.

The FBI never recorded the alleged confession … nor any part of the 11-hour interrogat­ion.

And that was the single biggest flaw in the case.

The feds claimed they had a smoking gun, but couldn’t prove it.

In fact, there were parts of the alleged confession contradict­ed by other evidence.

So when Salman declared that the federal agent who claimed she confessed was “a liar,” the feds didn’t have a single piece of concrete evidence to prove she was wrong.

And why? Why didn’t authoritie­s record the interrogat­ion?

“I honestly never thought about it,” testified FBI Special Agent Christophe­r Mayo.

Frankly, I find that incredibly odd. Apparently, so did the jury.

When I approach a subject (in my case, a politician involved in a controvers­y) I often do so via email. That’s because I don’t want there to be any question about the exchange that took place.

I don’t want to give politician­s the chance to claim I quoted them incorrectl­y. I don’t want there to be any doubt about the questions I asked or the responses I got.

I want to have everything documented and provable.

I know this — and I’m just a schlub columnist at a local newspaper.

Yet you’re telling me that veteran agents with the FBI — while investigat­ing the deadliest mass shooting in modern American history at that time — never thought to do the same?

That’s just hard to buy. So said the jury, which found her not guilty.

This is why recording interrogat­ions should be standard procedure — at the federal, state and local level.

If the evidence is solid, it strengthen­s the a case. If it’s bogus, it may prevent errant charges from ever being filed in the first place.

I’ve written about this before. This past legislativ­e session, House Bill 929 proposed requiring law enforcemen­t to record all interrogat­ions — the way 23 other states already do.

The reasons are plentiful. Prosecutor­s can’t manufactur­e a flawed confession. Defense attorneys can’t try to undermine one that was actually given. As former Judge Belvin Perry, the former chairman of the state’s Innocence Commission, said: “It makes the process more transparen­t.”

The bill, however, died in the House Criminal Justice Subcommitt­ee, chaired by Dover Republi-

can Ross Spano, who is running for Attorney General, who did not respond to a request for comment. (Which, by the way, I made in writing.)

Admittedly, the issue isn’t always clear cut. Sometimes, authoritie­s say people confess during interviews that took place when the people weren’t officially suspects. That’s what authoritie­s claim in Salman’s case — that they interviewe­d her before she was in custody.

That, however, is just reason to err on the side of prudence — and solid evidence collection — and record interviews whenever possible.

Salman’s alleged confession was particular­ly flawed. Parts of it were contradict­ory. Most of it was written by an FBI agent, not Salman. And experts testified that some of the details she allegedly provided about where she was didn’t appear to be true, based on cellphone data.

What was the jury supposed to think?

The strongest piece of evidence — an alleged confession — was also the weakest, because there was no proof it existed … and, in fact, a claim that it never did.

Jurors needed more. So said the foreman, who issued a statement after the trial that said: “I wish that the FBI had recorded their interviews with Ms. Salman as there were several significan­t inconsiste­ncies with the written summaries of her statements.”

The foreman said what many people thought — that it was hard to believe Salman didn’t know something was afoot, but that authoritie­s didn’t give them enough evidence to convict her.

Everyone should want the full story.

And if you’re angry about any of this case — whether because you think she was wrongly acquitted or because you think she never should’ve been prosecuted in the first place — you, too, wanted that recording.

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