Wednesday, October 24, 2007

Getting Lies From Interrogations

"A tale of two decisions (or, how the FBI gets you to confess)"
Steve Bergstein, Psychsound.

Bergstein writes:
Last week, my eyes lit up when I checked the daily decisions and saw that one case involved a guy who claimed he was forced to confess to a crime that he did not commit. This scenario surfaces from time to time for murders and other crimes, but this case was different because it involved the crime of the century: the 9/11 hijackings which launched this country into a new era.

The long and the short of it was that an Egpytian national, Abdallah Higazy, was staying in a hotel in New York City on September 11 and the hotel emptied out when the planes hit the towers. The hotel later found in the closet of his room a device that allows you to communicate with airline pilots. Investigators thought this guy had something to do with 9/11 so they questioned him. According to Higazi, the investigators coerced him into confessing to a role in 9/11. Higazi first adamantly denied any involvement with 9/11 and could not believe what was happening to him. Then, he says, the investigator said his family would go through hell in Egypt, where they torture people like Saddam Hussein. Higazy then realized he had a choice: he could continue denying the radio was his and his family suffers ungodly torture in Egypt or he confesses and his family is spared. Of course, by confessing, Higazy's life is worth garbage at that point, but ... well, that's why coerced confessions are outlawed in the United States.

So Higazy "confesses" and he's processed by the criminal justice system. His future is quite bleak. Meanwhile, an airline pilot later shows up at the hotel and asks for his radio back. This is like something out of the movies. The radio belonged to the pilot, not Higazy, and Higazy was free to go, the victim of horrible timing. Higazi was innocent! He next sued the hotel and the FBI agent for coercing his confession. The bottom line in the Court of Appeals: Higazy has a case and may recover damages for this injustice.
Comment: The FBI is of course a law enforcement agency, and is seeking means to convict criminals. The coercion in this case might have gotten a conviction had the pilot not showed up, but it did not get useful intelligence. Coercion is not only morally wrong, it would seem often to be counterproductive in acquiring truthful information, JAD

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