02 June 2004

Police Interrogation

I cannot personally vouch for this as it was not in one of my cases but a speaker in a CLE included it in his notes to be handed out to attendees. Therefore, I think it is most probably true:

(Scene: Interrogation Room, Richmond, VA)

OFFICER: I’ve got eight photographs here. I want you to look at them.
LARRY: Mmm. There is the guy that - I, that’s him, that man, I think.
OFFICER: Which one?
LARRY: That’s the guy.
OFFICER: I want you to look at the picture a little better. You look at them some more.
. . .
OFFICER: I know which one you are looking at. I can tell by the expression on your face. Larry. Which one are you really looking at?
LARRY: I’m really looking at him.
OFFICER: You are not looking at him. Okay? Which one are you really looking at, Larry? Which one are you really looking at, Larry, tell the truth. I will count from here, 1, 2,3.4,5,6,7.8, and give me a number that you are looking at, and be truthful with yourself. Tell me which one you are looking at. Should we put a number underneath each one of them? Which one are you looking at?
LARRY: Number 8.
OFFICER: Larry?
(much later, after Larry has finally identified #7)
OFFICER: Okay. That’s all I’m asking you. And you are positive?’

Source
: Transcript introduced in the matter of Commonwealth v. Hawks, Circuit Court, City of Richmond.

Just imagine the discussion the prosecutor had with this officer after his case went down the tubes . . .

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