Jim Trainum, a police offi­cer of over 25 years, recent­ly dis­cussed how shocked he was to dis­cov­er how he and oth­er offi­cers were able to obtain a con­fes­sion to mur­der from an inno­cent woman. Trainum explained, Reviewing the tapes years lat­er, I saw that we had fall­en into a clas­sic trap. We ignored evi­dence that our sus­pect might not have been guilty, and dur­ing the inter­ro­ga­tion we inad­ver­tent­ly fed her details of the crime that she repeat­ed back to us in her con­fes­sion.”

Detective Trainum recent­ly wrote about this dan­ger and ado­cat­ed a pos­si­ble reform in an op-ed in the Los Angeles Times, argu­ing for the video­tap­ing of police inter­ro­ga­tions. Trainum said he nev­er under­stood why some­one would admit to a crime he or she didn’t com­mit until he secured such a false con­fes­sion in the mur­der case.

Trainum indi­cat­ed this expe­ri­ence was a turn­ing point for him per­son­al­ly and pro­fes­sion­al­ly. He acknowl­edged that with­out the dis­cov­ery and ver­i­fi­ca­tion of the woman’s sol­id ali­bi, she prob­a­bly would have been con­vict­ed and impris­oned for first-degree mur­der. He admits that the true mur­der­er was nev­er found part­ly because of an inves­ti­ga­tion derailed by focus on an inno­cent per­son. I’ve learned that this is a nation­wide prob­lem. Of the 220 wrong­ful con­vic­tions in the U.S. that have been over­turned based on DNA evi­dence, near­ly 25% involved a false con­fes­sion or false incrim­i­nat­ing state­ments, accord­ing to the Innocence Project. In each of those cas­es, DNA proved that the con­fes­sion was false.”

Officer Trainum’s full arti­cle may be found below:

The case for videotaping interrogations: A suspect’s false confession to a murder opened an officer’s eyes.

By Jim Trainum

October 24, 2008

I’ve been a police offi­cer for 25 years, and I nev­er under­stood why some­one would admit to a crime he or she did­n’t com­mit. Until I secured a false con­fes­sion in a mur­der case.

I stepped into the inter­ro­ga­tion room believ­ing that we had evi­dence link­ing the sus­pect to the mur­der of a 34-year-old fed­er­al employ­ee in Washington. I used stan­dard, approved inter­ro­ga­tion tech­niques — no scream­ing or threats, no phys­i­cal abuse, no 12-hour ses­sions with­out food or water. Many hours lat­er, I left with a sol­id con­fes­sion.

At first, the sus­pect could­n’t tell us any­thing about the mur­der, and she pro­fessed her inno­cence. As the inter­ro­ga­tion pro­gressed, she became more coop­er­a­tive, and her con­fes­sion includ­ed many details of the crime. The sus­pect said she had beat­en the man to death and dumped his body by a riv­er. She said she made pur­chas­es with the vic­tim’s cred­it card and tried to with­draw cash using his ATM card. Surveillance video from the ATM showed a woman who resem­bled the sus­pect, and an expert said the sig­na­ture on the cred­it card receipts was con­sis­tent with the sus­pec­t’s hand­writ­ing.

Even the sus­pec­t’s attor­ney lat­er told me that she believed her client was guilty, based on the con­fes­sion. Confident in our evi­dence and the con­fes­sion, we charged her with first-degree mur­der.

Then we dis­cov­ered that the sus­pect had an iron­clad ali­bi. We sub­poe­naed sign-in/sign-out logs from the home­less shel­ter where she lived, and the records proved that she could not have com­mit­ted the crime. The case was dis­missed, but all of us still believed she was involved in the mur­der. After all, she had con­fessed.

Even though it was­n’t our stan­dard oper­at­ing pro­ce­dure in the mid-1990s, when the crime occurred, we had video­taped the inter­ro­ga­tion in its entire­ty. Reviewing the tapes years lat­er, I saw that we had fall­en into a clas­sic trap. We ignored evi­dence that our sus­pect might not have been guilty, and dur­ing the inter­ro­ga­tion we inad­ver­tent­ly fed her details of the crime that she repeat­ed back to us in her con­fes­sion.

If we had­n’t dis­cov­ered and ver­i­fied the sus­pec­t’s ali­bi — or if we had­n’t record­ed the inter­ro­ga­tion — she prob­a­bly would have been con­vict­ed of first-degree mur­der and would be in prison today. The true per­pe­tra­tor of the crime was nev­er iden­ti­fied, part­ly because the inves­ti­ga­tion was derailed when we focused on an inno­cent per­son.

The case was a turn­ing point for me, per­son­al­ly and pro­fes­sion­al­ly. I still work as a police offi­cer in Washington, but I also teach a class on inter­ro­ga­tions and false con­fes­sions, and I work with law enforce­ment agen­cies nation­wide to help them pre­vent false con­fes­sions.

I’ve learned that this is a nation­wide prob­lem. Of the 220 wrong­ful con­vic­tions in the U.S. that have been over­turned based on DNA evi­dence, near­ly 25% involved a false con­fes­sion or false incrim­i­nat­ing state­ments, accord­ing to the Innocence Project. In each of those cas­es, DNA proved that the con­fes­sion was false.

Threats and coer­cion some­times lead inno­cent peo­ple to con­fess, but even the calmest, most stan­dard­ized inter­ro­ga­tions can lead to a false con­fes­sion or admis­sion. Those who are men­tal­ly ill or men­tal­ly dis­abled may be par­tic­u­lar­ly vul­ner­a­ble, but any­one can be dazed when con­front­ed by police offi­cers who claim to hold unshak­able evi­dence of one’s guilt. Some con­fess to crimes because they want to please author­i­ty fig­ures or to pro­tect anoth­er per­son. Some actu­al­ly come to believe they are guilty, or con­fess to do penance for some unre­lat­ed bad behav­ior. Innocent peo­ple come to believe that they will receive a harsh­er sen­tence — even the death penal­ty — if they don’t con­fess.

Videotaping inter­ro­ga­tions is proved to decrease wrong­ful con­vic­tions based on false con­fes­sions. When the entire inter­ro­ga­tion is record­ed, attor­neys, judges and juries can see exact­ly what led to a con­fes­sion. Police offi­cers become bet­ter inter­view­ers over time, as they review tapes of their inter­ro­ga­tions, and con­fes­sions are eas­i­er to defend in court. The only police offi­cers I’ve met who don’t embrace record­ing inter­ro­ga­tions are those who have nev­er done it. Too many police offi­cers still wrong­ly believe that record­ing inter­ro­ga­tions will be logis­ti­cal­ly dif­fi­cult and expen­sive, and that guilty sus­pects won’t con­fess if they know they are being record­ed.

More than 500 juris­dic­tions nation­wide record inter­ro­ga­tions, but only 10 states, plus the District of Columbia, man­date the prac­tice. California’s Legislature passed bills in 2006 and 2007 that would have required inter­ro­ga­tions to be record­ed. Both were vetoed by Gov. Arnold Schwarzenegger. A third bill died in com­mit­tee this year. California leg­is­la­tors should not give up. They must make this issue a pri­or­i­ty and pass leg­is­la­tion to make our crim­i­nal jus­tice sys­tem stronger and more accu­rate.

It may be impos­si­ble to ful­ly under­stand why inno­cent peo­ple con­fess to crimes they did­n’t com­mit. What is unde­ni­able is that some do — and that we need to enact reforms to pre­vent more wrong­ful con­vic­tions and ensure that the right peo­ple pay for these crimes.

-Jim Trainum is a detec­tive in Washington’s Metropolitan Police Department.


(J. Trainum, The case for video­tap­ing inter­ro­ga­tions: A sus­pec­t’s false con­fes­sion to a mur­der opened an offi­cer’s eyes,” L.A. Times, October 24, 2008). See Innocence and New Voices.

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