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| Marty Tankleff Spends 1/2 his life in jail - RELEASED - |
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Heli
 Posted:
Mon Jan 14, 2008 6:15 pm |
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Marty Tankleff Spends 1/2 his life in jail - RELEASED
Tankleff case renews debate on interrogation rules
BY MICHAEL AMON
January 6, 2008
By now, the story is well-known: 17-year-old Martin Tankleff, being questioned without being informed of his Miranda rights about the brutal deaths of his parents, was duped into confessing by a Suffolk homicide detective who falsely said that Tankleff's father had awakened and accused him.
Tankleff refused to sign the confession and recanted it. What happened in the interrogation room remains in dispute.
Less well-known is that detectives could have recorded that interrogation but didn't. As in all cases, department policy called for a videotaped statement only after questioning produced a signed confession.
Nearly 20 years later, the videotaping policy remains unchanged in Suffolk and Nassau, which has a similar procedure. Now, with Tankleff's conviction overturned and all charges likely to be dropped, some lawmakers and Tankleff's advocates say interrogations should be recorded so juries can decide whether confessions are coerced.
At least nine states now require the recording of
police questioning. In New York State, a push for a similar law stalled last year. Only two counties in New York - Broome and Schenectady - routinely record interrogations, from the reading of Miranda rights until the conclusion of questioning, according to the Innocence Project in Manhattan.
"This is exactly the kind of case that cries out for some type of reform," said Assemb. Joseph Lentol (D-Brooklyn), whose videotaping bill passed the Assembly but failed in a conference committee.
In 2005, after several videotaped confessions turned out to be false, then-Nassau District Attorney Denis Dillon called for videotaped interrogations. The current district attorney, Kathleen Rice, is also in favor of them, a spokesman said.
In 2005, the Chicago Police Department installed a $4-million video recording system in 36 interrogation rooms.
Since then, Deputy Chief of Detectives Michael Chasen said, fewer confessions are thrown out before trial, and complaints and lawsuits against police have decreased. On the other hand, he said, juries are often put off by detectives who yell at suspects or trick them on camera, though such tactics are legal.
"We are continually learning how to look at these cases," said Chasen, a 39-year veteran detective. "For those detectives who are confident in their craft, though, this has been an excellent tool."
Nevertheless, Nassau and Suffolk police say there are no plans to change.
"We're satisfied with the way we've been conducting interrogations and investigations," said Det. Sgt. Anthony Repalone, a spokesman for the Nassau Police Department. "In the event we are required by legislation to do something different, we will comply."
And some rank-and-file officers say good reasons exist for the status quo. Many suspects will talk only if they know they're not being recorded, detectives say. And juries may not understand what interrogation tactics are legal, even if a prosecutor explains it.
"There's a fine line in an interrogation," said Jeff Frayler, president of the Suffolk Patrolmen's Benevolent Association. "Do you really want to videotape it and put that into a jury's brain that they were duped into [confessing]?"
But Joseph Cassilly, president-elect of the National District Attorneys Association, said videotaping confessions - but not the interrogation - "is a bad idea."
He said he opposes most attempts to legally mandate recording questioning because the laws are costly and often limit police flexibility. But he also said, "Videotaping an interrogation is about the credibility and professionalism of the police and showing a jury what was involved in the process."
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