Innocent bystanders? Let's not mention them

While the major-party candidates for governor traversed the state assuring interest groups that they won’t have to sacrifice in the face of Connecticut’s bankruptcy, two innocent bystanders were shot in separate incidents in the state’s capital city within a week.

A few years ago such turmoil in Hartford would prompt a call or two within state government for sending state police into the city to assist the local police, or for having the state spend hundreds of millions of dollars to relocate the city’s downtown by a few blocks in the name of economic development, Connecticut’s euphemism for political patronage.

But the only political official commenting on the murder of the two innocents in Hartford was the city’s mayor, Pedro E. Segarra, and after fuming haplessly at the unknown “thugs� involved, the mayor could only muse about temporarily closing the Franklin Avenue bar outside which the second shooting occurred.

The governor, the Legislature, political candidates and the news media either didn’t notice or didn’t care, having given up on Hartford, or, more likely, having accepted Hartford and Connecticut’s other cities as more or less a success of public policy they’ve supported rather than failure. That is, decades of huge government expense in the name of alleviating poverty having only grown a massive underclass, at least that underclass is fairly well confined. No innocent bystanders are being shot in Blue Back Square in suburban West Hartford or Evergreen Walk in suburban South Windsor.

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While declining another request to order them as a matter of constitutional law, Connecticut’s Supreme Court once again has remarked favorably on requiring police agencies to make electronic recordings of interrogations of criminal suspects.

The court’s latest comments came in a decision upholding a Meriden man’s conviction for a murder in 2002. Justice C. Ian McLachlan, writing for the court, said, “By creating an objective, complete, reviewable record of the interrogation and Miranda warnings, an electronic record could aid courts in evaluating the reliability and trustworthiness of confessions.� Such recordings “would help to increase both the accuracy and the efficiency of judicial proceedings and therefore we would welcome such a resource.�

In a concurring opinion, Justice Richard N. Palmer focused on the big underlying problem: false confessions intimidated out of fearful or simpleminded people. “A recording requirement,� Palmer wrote, “would dramatically reduce the number of wrongful convictions due to false confessions and would protect against the use of confessions that are involuntary and therefore inherently unreliable. Because a confession constitutes such persuasive evidence of guilt, the value of having a recording of that confession and the interrogation that leads to it cannot be overstated.�

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Connecticut’s most current false confession case, that of Richard Lapointe, the mentally handicapped man convicted in the murder of his wife’s grandmother in Manchester in 1987, is percolating through the state’s courts again as his latest lawyers seek a new trial on the grounds of inadequate assistance of counsel. Lapointe’s new lawyers claim that his previous lawyers didn’t pursue certain evidence as they should have. But most of the evidence at issue is marginal and the claim doesn’t go much beyond the second-guessing that can be done after any trial lost by a competent lawyer.

No, Lapointe was arrested and convicted entirely because of three contradictory confessions Manchester police sweated out of him more than two years after the murder. Because of his mental handicap, Lapointe seemed weird and it was easy for his jury to believe anything about him, just as most juries around the country still fall for false confessions that are disproved by DNA and other evidence obtained after wrongful convictions. Maybe Lapointe’s jury still would have convicted him even if his contradictory confessions had been audio- or videotaped, but such recordings almost certainly would have raised doubt about what was going on.

False confession is actually a horrifyingly common phenomenon and the criminal-justice system and society urgently need to be protected against it. The cost of such protection, providing police with electronic recording devices, the main argument against requiring recordings, is insignificant. As Justice Palmer wrote, “There is hardly a teenager who does not have some type of electronic recording device available to him or her at virtually every moment of the day.�

The General Assembly and governor should heed the Supreme Court’s encouragement by enacting interrogation-recording legislation next year.

Chris Powell is managing editor of the Journal Inquirer in Manchester.

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