Hartford Courant (Sunday)

SYSTEM FAILURE

By eliminatin­g coerced confession­s, we can protect our most vulnerable citizens instead of exploiting them

- By Kathy Flaherty and Lisa Steele

Our criminal justice system continues to fail people living with mental health conditions. Just last week, Time profiled Michael Ledford, an autistic man who was accused of setting fire to his own home in October 1999, which resulted in the death of his 1-year-old son and the severe burning of his then-wife. He confessed to the crime during a lengthy interrogat­ion in which police employed manipulati­ve tactics to compel him to say what they needed to hear. Years later, it was proven through forensic evidence that the scenario he described in his “confession” scientific­ally couldn’t be true; yet it’s still sufficient to deprive him of his freedom.

We need not look beyond Connecticu­t’s borders to find individual­s with mental health conditions who have been taken advantage of by law enforcemen­t in a similar manner. The lives of Connecticu­t exonerees Richard Lapointe and Bobby Johnson were turned upside down after law enforcemen­t decided they were guilty and sought to extract a confession by any means necessary — employing intimidati­ng and deceptive interrogat­ion tactics to trick them into making false confession­s. Both men trusted law enforcemen­t, who in turn took advantage of them. Our state should protect our most vulnerable citizens, not exploit them.

And yet, members of our communitie­s — like Richard and Bobby — continue to be subjected to outdated methods of interrogat­ion that assume guilt, block attempts to claim innocence, and frequently elicit false confession­s from even the most sternly willed people. These outdated interrogat­ion tactics risk false confession­s that result in wasted time pursuing the wrong suspect while the actual guilty party remains free, and further risk tainting other evidence if, for example, forensics investigat­ors hear of the confession while examining ambiguous evidence. They breed cynicism among those who understand that the police can, and will, lie to them in interrogat­ions, and make honest people afraid to cooperate with law enforcemen­t because they fear being lied to and bullied into a confession. And, they force innocent people into taking pleas because they’re afraid of what happens if they try the case and lose. An individual convicted on the basis of a false confession often needs a team of dedicated lawyers paired with mountains of new evidence to overcome even a clearly false confession. This is an affront to a system that’s purported to consider people innocent until proven guilty.

The negative impact of these coerced confession­s are even more profound when they are used against children and adults living with mental health conditions. Law enforcemen­t should not be lying to anyone, but especially not to those most vulnerable. While deception may be a tactic frequently used in the past, we should not let bad habits stand in the way of change. Law enforcemen­t experts have made it clear that this is not evidence-based policing, and that there are other ways to interact with suspects that do not rely on falsehoods, threats, or depriving people of their basic human needs like food and water, sleep, or use of a restroom.

We now know better; we must do better. Connecticu­t has that chance with SB 1071, legislatio­n that would prevent wrongful conviction­s in Connecticu­t by ensuring reliable confession­s. It is based on legislatio­n that has already been enacted in California, Delaware, Illinois, Indiana, Oregon and Utah, and is endorsed by a large coalition of advocates here in Connecticu­t.

Connecticu­t has already paid millions of dollars to people who have been wrongfully incarcerat­ed and later exonerated. These dollars cannot make up for the priceless years that falsely convicted individual­s lost with their spouses and children. They cannot compensate for the loss of justice for the victims when they find out that they were failed by the investigat­ors. Conviction­s based on false confession­s do not represent anything remotely resembling justice for the wrongfully convicted individual, the victim of the crime, and frankly all of us in society who want a fair and just criminal legal system. We have joined together, with many throughout our state, to call on the Connecticu­t Legislatur­e to pass SB 1071 and prevent further lives from being torn apart.

Kathy Flaherty is the executive director of Connecticu­t Legal Rights Project, Inc., which provides legal services to low-income individual­s with mental health conditions on matters related to their treatment, recovery and civil rights. Lisa Steele has been an appellate attorney representi­ng indigent defendants in Massachuse­tts and Connecticu­t since 1994.

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