Making Use of What is Said:

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Making Use of What is Said

• The Meaning and Value of Testimonial Evidence

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Course Outline

• Eye is for Interviewing
• How we Communicate The Rules
• Victims, Witnesses, Suspects As Sources
• Information of Interest to Investigators and How
  we Get It
• Analyzing the Information You Have

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Course Outline

• Forensic Interviewing Best Practices
• General Considerations
• Participants
• Conducting a Forensic Interview
• Special Topics

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Course Outline

• Understanding Recantation
• How Children Communicate
• The Nature of Disclosures
• Complaint Corroboration
• Victimology Facing the Probability of an
  Evolution
• Understanding Recantation

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Course Outline

• Interrogation of Suspects and Testifying on
  Confessions
• Interview vs. Interrogation
• Distinguishing Between True and False Confessions
• Testifying on a Confession

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But First, A Little Philosophy
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The Criminal Investigator

• Must not be opinionated, tainted with prejudice,
  or prone to pre-judgment
• Must have an eye for details, and the ability to
  recognize and evaluate evidence

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The great thing about America is
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The greatest thing about being a criminal
investigator is.

• You get to be the person who searches for the
  truth, no matter what the truth holds, who it
  implicates, who is exonerates, who it pleases or
  displeases. And, you rarely have to make the
  tough decisions. You just search for truth in
  every way it speaks.

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The Cases are Real The People are Somebodys
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Where to begin

• I have no idea yet. It is a cardinal sin to
  theorize before one has data, for in so doing,
  one begins to twist the facts to suit the
  theories, instead of the theories to suit the
  facts.
• Sherlock Holmes

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Things are not always as they appear
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Sometimes they are
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TRAINING
REALITY
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• Special Agent J.D. Cromer
• ICIAF Profiler Understudy
• Virginia State Police
• Bureau of Criminal Investigation
• General Investigation Section
• Violent Crimes Unit
• Appomattox Division
• 540.332.7980
• jon.cromer_at_vsp.virginia.gov

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EYE is for Interviewing
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How We Communicate The Rules, Regardless of
the Problem

1. Do not give up the information!
2. Dont Lie, Thats Bad!
3. Dont stand there, say something.just not
   everything!
4. Dont arouse suspicion!
5. Dont provoke a conflict!
6. Make this whole thing go away!

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And this works with WHO?

• Everybody
• Victims / Complainants
• Suspects
• Witnesses
• Your spouse, childrenbut, dont you dare!

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How We Learned to LieFrom our Parents!

• The Pickle Story.Daddy, Wheres the soap?
• Parent Dont lie to me!
• Behind the lady with the weight problem at the
  grocery store
• Parent Shut up!
• The Lesson is Complete!

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Why it Works

• Everyone wants to tell everyone else the truth
  all the timebut if he/she cant
• The most difficult way to lie is to use
• First Person, Past Tense, Singular
• I didnt do it!
• So, what are the liars options?
• Avoid FP/PT/S for example
• Third Person or Passive Language or Omit Pronouns
• Present or Future Tense
• It was done Technique

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Distance

• We went to the movies last night
• Had fun, liked it, like your spouse, your kind of
  movie
• My wife and I went to the movies last night.
• Good, but not as good as above
• I went to the movies last night with my wife
• Notice I.my wife.
• Didnt have fun, or dont really like your
  spouse, or not your kind of movie

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Other Proximity of Pro/nouns Observations

• My husband, Cindy and I

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Other Proximity of Pro/nouns Observations

• My husband, Cindy and I
• Cindy is between my husband I
• The odds are, especially if this occurs multiple
  times, that Cindy is between my husband and
  I in more ways than just on the paper.

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A Bit of Trivia

• You cant eat your cake and have it too.

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Analyzing the Statement

• Test of Structure (Distribution of Time)
• Test of Pronouns
• Test of Language
• Connections

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Analyzing the Statement

• Distribution of Time
• Time Before the Event / Main Issue
• Time devoted to the Event / Main Issue
• Time After the Event / Main Issue
• Time is reflected in words / percent of total
  words

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Analyzing the StatementDistribution of Time

• Target Distribution 20-50-30
• If Beforegt30-40, Eventgt65, or AftergtEvent
  Deception is likely
• 85 Deceptive Statements BeforegtAfter
• Truthful Format
• Prelt30
• EventgtPre
• EventgtPost
• PostgtPre

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Analyzing the Statement

• Rate of StoryWords/Lines per Hour of Story
• 3 lines per hour is average
• Slowing down (more lines per hour) subject
  likely going to lie later in the story
• Speeding up (fewer lines per hour) subject like
  is lying now
• Average Statement is 1 ½ pages (25 lines)
• We will discuss Obtaining the Statement later

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Analyzing the StatementPronouns

• Missing We no we by ½ way means under a lot
  of pressure
• Unknown We other person not identified
  signals bad relationship
• With implies distance re an activitythe
  persons dont usually do this activity with
  each other, compare
• I had dinner with my wife.
• My wife and I ate dinner.

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Analyzing the StatementPronouns

• Talking with
• Living with
• The above styles could indicate conflict
• My vs. The (Missing Possessive)
• A word about Talking
• Talked / Spoke vs. Said / Told

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Analyzing the StatementLanguage

• Specifically, Changes in Language
• 31 is almost certain deception (If unjustified)
• I left my car in the lotthe car was there at
  lunch timesome mentioned seeing the car at some
  point in the afternoonI discovered my vehicle
  missing
• Justified vs. Unjustified changes
• (Examples)

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Analyzing the StatementConnections

• Links in thoughts in statement, example
• I went downstairs to the kitchen. After
  entering the kitchen I made the coffee
• What is happening in the subjects mind
• Signal of Missing Time or Information
• Key Words Later on sometime later shortly
  thereafter Afterwards After The next thing I
  remember/know

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Getting Started

• Type, double-space, number lines
• Circle pronouns
• Box Highlight Connect
• Persons Unimportant Info
• Connections Unnecessary Link
• Leave (Out-of-Sequence Info)
• Why words Exact Locations of
• Negatively worded phrases sit, sleep, stand
• Emotions Changes in Language
• Said/Told/Talk/Spoke

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Information of Interest to Investigators How to
Get it

• Pure Version Statement vs. QA
• Proper solicitation of Pure Version Statement
• Questions solicitor will likely face
• More than Just Elements of the Offense
• Basic LE Training, interviewing Rape victims
• Behaviorally Oriented Interview A Protocol for
  Interviewing Surviving Victims of Sexually
  Motivated Crimes
• Physical Behavior of the Offender
• Verbal Behavior of the Offender
• Sexual Behavior of the Offender
• Cognitive Interviewing Obtaining the Details

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Analyzing the Information

• Validating the Statements INTERNALLY
• Scientific Content Analysis (SCAn)
• Yuille Validity Analysis
• Validating the Statement EXTERNALLY
• Does the testimonial evidence match the physical
  evidence
• Abe Lincoln in the pasture

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Forensic Interviewing

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I wasnt interested. . .

• I wanted to investigate death. I was sure that
  would be more exciting, and more important
  sounding.
• The fact is, I was intimidated by the case the
  child interview (Some seasoned Social Worker will
  probably be watching)
• The fact is, I was thinking, With a childs
  word, who can ever be for sure if it happened
  or not?

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My Experience. . .

• I thoroughly enjoy the coordinated /
  multi-disciplined, (Task Force) approach to the
  cases
• Very few go to trial
• I have found tremendous satisfaction in solving
  one of these cases through good medical
  evidence, productive child interviews, and a
  confession
• These cases do have happy endings

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My Theory

• Investigation of Child Sexual / Physical Assault
  is not for everyone.
• But, the Officers who complain about these cases
  have probably never worked one, OR never worked
  one successfully, OR never found something they
  wouldnt complain about.

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I always wanted to know

• What are the details of the disclosure?
• Timing is everythingMike Schmidt at bat
• Option 7, Book Report Izzys Fire
• What nuggets are there in the story?
• Percussion fired, black powder, muzzle loading
  rifleand the nipple wrench.
• Both questions will be answered by a proper
  investigation

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Forensic InterviewBest Practices

• A Forensic Interview is an essential component of
  the fact-finding process. The goal of the
  interview is to obtain a statement from a child
  in a developmentally sensitive, unbiased, and
  truth-seeking manner that will support accurate
  and fair decision-making processes in the
  criminal justice system.

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General Considerations

• Location
• The Childs Needs
• The Interviewer
• Case Specific Recommendations

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Participants

• Deciding who should / should not be present at
  the interview
• Clarifying Roles

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Documenting the Interview

• Options
• Note taking, audio, video, some combination
• How to decide?

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Considerations when Conducting a Forensic
Interview

• Child Development Considerations
• Sex of the Child
• Culture and Ethnicity of the Child
• Family Background and Parental Reactions
• Health Status and History
• Educational Status and History
• Behavioral Patterns and Possible Psychological
  Disorders and/or Medications
• Childs Personality and Temperament

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Interview Protocol

• Initial Contact
• Establishing Rapport
• Interview Guidelines
• Developmental Assessments
• Establishing the Childs Testimonial Capacity
• Introduction of the Topic of Concern
• Free Narrative
• Open-Ended Questioning
• Clarification Questions
• Concluding the Interview

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Special Topics

• Questions about Time
• Interview Aids Considerations
• Children with Special Needs
• Cultural Issues
• Defense / Coping Mechanisms
• Language Considerations

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Understanding Recantation

• How Children Communicate

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Understanding Recantation

• The Nature of Disclosures

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Understanding Recantation

• Complaint Corroboration

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Understanding Recantation

• Victimology Facing the Probability of an
  Evolution

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Understanding Recantation

• Specifically
• Handling the Initial Recantation
• This isnt a game of OLD MAID!
• Corroboration of Version Two, if applicable
• What if Recantation is the Inconsistency?
• What it Means to Your Case
• Prosecutorial Considerations
• Going Forward?
• Using Expert Witnesses
• Most IMPORTANTLY, avoiding the tendency to
  IMMEDIATELY believe the Recantation
• Unfounded
• Closed Exception Prosecution Declined
• Closed Exception Victim Refused to Cooperate

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Interrogation of Suspects Testifying on
Confessions

• Interview Interrogation The Differences
• Distinguishing Between True and False Confessions
• Categories of False Confessions
• Confessions Voluntariness
• Confession Trustworthiness
• Confession Corroboration
• Interrogation Research
• Interrogation Law and Confession Law

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Interrogation of Suspects Testifying on
Confessions

• Testifying on a Confession
• Testimony Preparation
• The Courts View of Witnesses
• The Witnesss Behavioral Responses
• Direct Testimony
• Cross Examination

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The Icing

• A Confession and a Handshake
• Creating a situation in which someone feels
  compelled to confess to a sexual or physical
  assault of a child will be one of your greatest
  challenges as a law enforcement officer. And
  when you succeed, one of your greatest rewards.

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Suggestions, generally

• Work with the Prosecutor early on
• Plan your interview / interrogation of the
  alleged abuser
• Know where you will find them and pre-scout an
  interview location
• Quick approach and interview- this is not one of
  those times you leave a card and say, Call Me.
• Always consider Other JurisdictionsFind Them!

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We have a job to do. It isnt always pleasant,
but it is our duty to do it anyway. And, we
must do more than simply show-up. We must
prepare, and work diligently, in order that we
may do a better job tomorrow than we did today. I
think there is no greater job in the world than
looking for the truth in all things. And when we
find it, we keep looking for it just the truth,
nothing more, nothing less, no matter what.