Guilty of simply talking too much
it looked like there was little chance this young man would be able to avoid a conviction; when a jury hears that someone has confessed, they are almost certain to convict.
But fortunately for young Felix, it was later revealed that he had an airtight alibi: He had been locked up in a juvenile detention facility the day of the killing. The charges were dismissed, and he was released from jail.
Eddie Lowery was a 22-year-old soldier stationed at Ft. Riley, Kan., when he was interrogated for an entire workday about a rape and murder he never committed. Like a typical innocent man, he persisted for hours in emphatic assertions of innocence. Like typical police officers, the interrogators acted open-minded and unconvinced. After the daylong interrogation, he was worn out and gave them a detailed confession.
He served more than 20 years in prison until he was recently released, after evidence proved that he was actually innocent.
So why in the world did Lowery confess, when we now know that he was innocent all along? He explained the mind-set of someone who has been broken down by hours of relentless interrogation: “I didn’t know any way out of that, except to tell them what they wanted to hear, and then get a lawyer to prove my innocence. … You’ve never been in a situation so intense, and you’re naive about your rights. You don’t know what (someone) will say to get out of that situation.”
One analysis of 44 proven false-confession cases revealed that more than a third of the interrogations lasted six to 12 hours, many lasted between 12 and 24 hours, and the average length was more than 16 hours. The longer you speak to police officers, the more likely it is that you will confess to some crime that you did not commit — isn’t that enough of a reason to avoid speaking to them?
Don’t talk to the police — except to tell them, respectfully, that you will not answer questions and that you would like a lawyer. James Duane is a professor at Regent Law School in Virginia Beach, Va. This essay, first published by the Los Angeles Times, is adapted from his book “You Have the Right to Remain Innocent,” forthcoming from Little A in September.