CHAPTER 1
FLESH WILL NEVER CONFESS
(Why people do what they don't want to do)
Some may be reading this book and say, "I thought this was a book about police interviews; I didn't know we were going to church." Please let me first explain the order of things. The scientists and engineers of NASA had to fully understand the invisible laws of gravity before they designed the first visible plan for a rocket to reach space. I am starting with that which is invisible, so you can clearly understand that which is visible and make it work.
Most people have heard of the "Holy Trinity" of God. He is God the Father, God the Son, and God the Holy Spirit. Trinity means "three in unity" so God is all three, but he is still one God. We as people are created in his image, so we are designed in the same way. We were created as a human trinity, three-in-one just like God. We are made up of a body, a spirit, and a soul. Our body (flesh) always has a desire to satisfy itself and serve its own agenda. It wants to rest, it wants to eat, it wants to drink, and it wants to have sex. None of these things are bad unless we let our body (flesh) control our lives and pursue the fleshly desires with excess. This is why in our society today we see slothful sleepers, binge eaters, drug abusers, alcoholics, and sex maniacs. Some people abuse these things and go beyond moderation.
The second part of a human being is our spirit. God instilled inside every person a spirit that has a passion for the purpose of God. Our spirit is always trying to connect with the Holy Spirit. This is why people have a conscience to know the difference between good and evil. Without anyone ever teaching a person to do so, the spirit will naturally pursue that which is good and that which is from God. Even an atheist can appreciate the beauty of a tree or a sunset; even though they deny God, their true passion is for the Creator of the tree and the sunset. Life is more than a heartbeat and a brain wave; it is the passion to pursue something good. The Declaration of Independence describes it best as "Life, liberty, and the pursuit of happiness." The reason that people choose to do bad things is that they are not led by a spirit that pursues God but are led by their fleshly desires. The Bible says in Galatians 5:16 (HCSB), "Walk by the spirit, and you will not carry out the desire of the flesh."
The last part of the human being is our soul, which is made up of the mind, will, and emotion. We think, feel, and draw our opinions from our soul. Inside of the human body is a daily and constant tug-of-war struggle for the soul of a human being. The flesh wants to satisfy itself so pulls on the soul to follow it. The spirit wants to pursue good and Godly things, so it pulls on the soul to follow it as well. The soul is caught in the middle so it can be pulled in either direction with different agendas. King David understood this concept thousands of years ago as he spoke out in the scriptures at Psalm 103:1 (NKJV), "Bless the Lord, O my soul, and all that is within me. Bless His Holy Name." David was literally telling his soul to submit and draw close to God.
To be successful at interviews and interrogations in seeking the truth, every law enforcement officer must pull on the soul (mind, will, and emotion) of a person. It's not hard once you use God given principles found in the Holy Bible. God revealed how to detect deception and how to seek the truth in an interview. If we follow God's strategy, we will pick up signals, much like a lie detector, when a suspect is being deceptive and truth is being hidden and held back.
As you interview a person, understand that flesh will never confess because it does not benefit the flesh to confess. In other words, a body does not want to be locked up in a steel jail cell or eat cold prison food. The body (fleshly desires) will always attempt to pull the soul away from the truth of a confession. Jesus plainly says in Mark 14:38 (HCSB), "The spirit is willing, but the flesh is weak." Confession comes from the soul (mind, will, and emotion) of a person which was influenced by the spirit. We, as the interviewer, are simply a tour guide to direct and influence people to move their soul from faulty thinking to truthful thinking.
CHAPTER 2
HOW ARE YA IN HAWAII?
(How to manage & maintain the interview)
All newly arriving Houston Homicide Detectives are expected to go through a series of classes to help with investigation and interrogation skills. One memorable class taught newly assigned investigators how to work in the interview room with the greatest chance of success. Houston has up-to-date interview rooms where the room has been soundproofed, video-equipped, and wired for sound. The police interview room is the best place to record a verbal conversation in private without outside influence. Some detectives preferred using written confessions in their cases, but written documents have lost some credibility in recent years in the courtroom. Even a half-hearted defense attorney will dispute the written confession by their client and say that it was created through water boarding or some other instrument of torture. If a suspect insist on writing his confession out, video the event of the actual document as the suspect reads it and signs it. Many suspects have had buyer's remorse; so claimed that they were forced to sign their name to a blank sheet of paper, and the confession was printed on the paper after they left the police station.
I learned years ago from top-notch Homicide Detectives that the video interview room is the investigators stage and the jury can be the suspense-filled audience. This boring and boxy room is where the investigator creates his finest masterpieces in police work. This is the place where the suspect is most likely to cave-in and confess to his crime because he is alone with his soul and the soul searcher, which is you. The event of the private video interview usually has the greatest shot at success. However, all distractions and attractions must be removed from the room. The ideal interview room must have no windows or view of the outside world. The ideal interview room must have no pictures, photos, decorations, or any object that would allow someone to take a virtual tour away from the interview. The suspect can avoid the truth spoken in the interview if he is allowed to drift away and day dream as he looks at your vacation photos from Hawaii. Keep all walls, desks, and floors clear of any object that would allow a mind trip to Hawaii, traveling far away from the confession.
The interview and interrogation of a person suspected of a crime is a psychological mind game. You want to know what he knows, and he wants to know what you know, so the game plays on. Set the stage to win the game and make every advantage count. Make sure the furniture in the interview room is prearranged so the suspect cannot place himself behind any table, desk, or chair. No barriers or restrictions should be allowed between the investigator and the suspect because you will be turning up the tension and crowding in closer to him as the interview is concluded. Before he becomes vulnerable and opens up to you emotionally, you will need him to be vulnerable and open up physically. Make sure the suspect's chair has no rollers and sits flatly on four legs, preferably with arm rests so he can't lean away from you to escape. Your chair should have rollers as you will be moving closer to him as the interview progresses.
Before you enter the interview room, make sure that the suspect has already waited in there at least 10 minutes, so he will be waiting on you and not you waiting on him. As you enter the interview room, bring a case file with the suspects name on it, even if you have nothing on the case yet. The suspect needs to have the perception that a team of detectives is working the case and very close to uncovering the truth, even if you're the lone ranger investigator. I often brought a thick case file with fake fingerprint samples intentionally sticking out to create an illusion that fingerprints were recovered from the crime scene. As you walk in the room, introduce yourself without using your rank or a title because you need to be seen as a person he can trust and not a police officer that will take his freedom away. Leave your duty weapon and handcuffs out of the interview room as there is a fine balancing act of having authority without showing authority. Ask him to state his name and make sure that he is seated in the predetermined chair as the video will be recording at this point. Do not offer a handshake as you greet him unless he offers first. Even though you already know his formal name, ask him what he would like to be called so you can gain his trust and build rapport during questioning. Believe it or not, a guy named Harold felt more at ease being called by his biker gang name of "Cock Skull." The school principal, parole officer, and all authority figures called him by his formal name. However, all his friends knew him as "Cock Skull" so we must become a friend and use the desired name. If you are interviewing someone of a certain profession, avoid using the title of their occupation. Get on a "first name" basis with them, but do not allow their authority to override you in the interview room. For example, always avoid: Dr. Dogooder, Sgt. Selfish, or Pastor Pridefill.
Offer the suspect the use of restroom facilities, water, coffee, and even food before the interview starts. This serves two purposes as people begin to trust those that feed them, and the jury will see that you didn't use starvation or dehydration to obtain a confession. Remember, this is not a death row execution, so there will be no "last meal" requests. No steak or lobster dinners offered, just have somebody make a quick food run to the local "Mack in the Box." I have never met a vegetarian serial killer, so I have eaten many cheeseburgers with suspects as we talked about a gruesome killing. Keep the conversation light at first and get the suspect to answer "Yes" to obvious questions, "Did you get enough to eat?" or "Wasn't that some good coffee?" This is a classic car salesman approach that if someone says "Yes" enough times in conversation, then saying "No" will become harder in confrontation when the deal is offered.
The biggest attention to detail for a police investigator is to honor the U.S. Constitution, as cases have been lost by ignoring it. As police officers, we are held to a higher standard and under a constant microscope. We must promote the preservation of Fifth Amendment rights of the accused regarding self-incrimination. Every police cadet in every academy has studied the case of Miranda vs Arizona (1966). We know how to "mirandize" the accused in police custody being questioned about the crime. Each U.S. State has their own slightly modified version of the Fifth Amendment Miranda Warning. However, there are certain words that must be presented to those in police custody being questioned. I always read it verbatim from the card to get it exactly right, and always ask the accused if he understands after each question is presented. For example:
"You have the right to remain silent and not say anything at all; do you understand?"
"If you give up that right, it can be used against you in a court of law; do you understand?"
"You have a right to have an attorney present; do you understand?"
"If you can't afford an attorney then one will be provided; do you understand?"
"Can we talk about some issues to clear this matter up?"
After making small talk about coffee and food and then reading the required Miranda Warning to the suspect, you will have gotten him to answer "Yes" to about six to eight questions. When you ask the question of "Can we talk?" he has already said "Yes" to everything else asked of him. He will now be more likely to be in agreement and give a final "Yes" before the interview starts. Sometimes a suspect will ask questions about incriminating himself, and this is good thing because it shows that he is trusting you enough to inquire about his future. For example, I have had suspects ask the following:
Q: "Do you think I need an attorney?"
A: "I'm only looking for the truth, we can talk if you're telling the truth."
*Another example:
Q: "Should I remain silent?"
A: "If you were asking me questions that needed to be cleared up, wouldn't you want me to talk and explain the truth to you?"
*Another example:
Q: "Can we work out a deal if I tell you what happened?"
A: "If you deserve a break in the case, then the defense attorney and the district attorney might be able to work something out."
Notice how I didn't really answer any of the three questions, but simply minimized my statements to bring maximum impact. If the suspect indicates "No" and requests an attorney, federal law requires that law enforcement must wait 14 days before attempting another interview. This law was implemented in a 2010 U.S. Supreme Court Case, so I have often used it to my advantage. I have had attorney's call me very angry and advise me not to speak with their client any more about a certain case. However, the accused must make their own choices and refuse the questions asked of them. No attorney can invoke the client's rights for him if the client is freely speaking. There is no statute of limitations on murder, so I have interrogated some suspects years after they have already "lawyered up." It is amazing how time can draw out the truth and get the coconut milk to flow. Remember, make no promises or back-room deals that you do not have the authority to keep. As the investigator, you are the tour guide taking the suspect to the destination of a confession, not the travel agent promising to get him to Hawaii.
CHAPTER 3
THROWING THE VELVET COVERED BRICK
(Strategy for gaining trust & getting truth)
To get a confession as a police officer means that you are getting someone to admit to a wrongful act or have knowledge of a wrongful act and be willing to go public with it. Court documents are public records, so once the case is resolved then all the world has access to it. When someone confesses their sin to a priest or psychologist, then there is an expectation of privacy. The one confessing and being counseled can stay private and fly below the radar, so no public opinion will form against them. Police officers live by a different code, so no confession stays private and no evidence stays hidden.
To get someone to talk about their crime and reveal their wrongful behavior to the world requires empathy and sympathy from the interviewer. In other words, people want to know that you understand them and will not condemn them. I refer to this method of getting confessions as "Throwing the velvet-covered brick." What I have to offer as a police investigator must have the appearance of being soft and smooth, even though there is brutal truth underneath it that will hit them hard. It is similar to a surgery being performed where the nurse comforts you before the doctor cuts you. I know as a police officer that the confession of the suspect will likely lead to the conviction of the suspect, but truth must come out and trash will be thrown out.
In the Bible at John Chapter 8, several self-righteous priests drag a woman that was caught in the act of adultery to appear before Jesus. They apparently caught her in a sexual act, so there was physical evidence as well as circumstantial evidence against her. The case was strong, and they had already accused her and abused her by dragging her into public view. We see no signs of empathy or sympathy from the priests as they tell Jesus in verse 5 (TEV), "In our law, Moses commanded that such a woman must be stoned to death. Now, what do you say?" At this point, the woman felt embarrassed and condemned and had not said a word to anyone, much less given a confession. Jesus sidesteps their accusations and quickly connects with the woman as he leans down near the dirt where she lay. He gets on the same level with her in the dirt, because she was obviously feeling like dirt. Jesus said in verse 7 (TEV), "Whichever one of you has committed no sin may throw the first stone at her." In other words, "It is true that she has sinned, but so have all of you who accuse her and drag her here." Jesus was showing empathy and sympathy to the woman to let her know that she was not alone because the entire crowd had sin issues.
Jesus minimized the crime in order to maximize the change in her life. The Bible says that the crowd dropped their rocks (velvet less bricks) and walked away one by one leaving Jesus alone with the woman. Notice, how Jesus does not start the interview process until all the spectators have left and there are no distractions. We, as police interviewers, need to learn from this example. A one-on-one interview will always produce the most success. Jesus is teaching us textbook interview techniques using empathy, sympathy, and getting on the same level with people. He starts the interview with a question to ask her where all her accusers went, indicating that he was not one of the accusers. For the very first time in the story, we hear the woman speak as she obviously trusted Jesus enough to talk with him. As Jesus said in verse 10 (TEV), "Is there anyone left to condemn you?" The woman answers, "No one, Lord." (NKJV). Her answer indicates that she knows Jesus truly understands and comprehends her and will not condemn her. She places her trust in him, so also shares her truth with him. Jesus is now able to speak bluntly to the woman, and has impacted her because he has made contact with her. He tells her, "Go, but do not sin again." There is no denial or deception from the woman, there is only relief that the truth is known and it sets her free.
