Incident Interview

Cpl D. Gurzynski

Baton Rogue Police Dept.

Define Interview
Dictionary
A conversation in which facts or statements are elicited from another.

Purpose of an Interview
To gather and test the validity of information in order to determine the particulars of the event under investigation. To identify other witnesses, suspects and victims.

Subjects of an Interview
Victims Witnesses
Complainant: person that contacts officials. Eyewitnesses: people who saw what happened. No direct knowledge of crime
Firearms dealer that sells gun to murderer.

Expert Witnesses
Psychologist, fingerprint technician, CSI

Suspects (??) And

Interviewer (You)
Characteristics of a good Interviewer
Listen and concentrate on what is being said Polite Good physical appearance Controls emotions (dont get angry) Flexible and persistent Sympathetic to suspect situation
Verbal and non verbal

Interrogaton vs. Interview

(Investigative Interview)

INTERROGATION
Public perception Media driven Abu Ghurayb Prison Television Interview or Investigative Interview
For reports, media releases, court testimony.

Open Ended Questions

Questions designed to prompt the suspect or witness to give a narrative response rather than just a yes or no answer.

Close Ended Questions

Used to get specific responses, usually to clarify information provided during narrative responses to open ended questions.
identification questions
What color was his hat? Shirt? How fast were you driving? What kind of car was she driving?

 Multiple choice questions Was the car a four door or two door? Was the suspect running or walking when he left the house? Yes-No Questions Were you in the house when this occurred? Do you own a gun? Did you point the gun at him? Dont Forget
Did you do it? hurt you wife? force her to have sex? take the money?

Deception Indicators
Non-Verbal (Body Language)
When a person experiences conflict, they become tense. Increase in tension makes them become unstable. To reduce tension, they have to expend the energy. Movement is the best way to expend energy in order to reduce tension.

Non-Verbal Indicators
Truthful person
Appears at ease Good eye contact Sincere expressions Sits upright/leans forward Sits still or changes position smoothly Arms opened Attentive and alert

Deceptive Person
Appears anxious Very rigid Poor eye contact Posture changes Slouches Nervous movements Dry mouth, swallowing Crossed arms Covers mouth Feet tucked under chair Yawns, signs Blinking Scratching, twisting hair, rubbing, etc.

Verbal Indicators
Hedgers
Leaving themselves an out
To the best of my knowledge, as far as I know I dont think so, to the best of my memory Ex: To the best of my knowledge, Ive never been In that neighborhood. WDA

Modifiers
Pretty much, kinda, about, Thats about it Basically, probably, maybe
Lack of conviction to their statement

 Qualifiers
Emotional enlistments
I swear to God I swear on my mothers grave To tell you the truth Honestly, Truthfully, Frankly, Really
Lie to follow

General Rule
If the answer to your question is either yes or no and you get anything else = WDA Wrong Damn Answer!!!
You should explore why is subject/suspect being deceptive?

Bill Clinton Interview

Reporter:
Have you ever used drugs?

Clinton:
I never violated any law of my country. WDA

30 days later same reporter: Reporter:

Did you ever violate any laws of any other country?

Clinton:
In England I smoked marijuana, but I didnt inhale.

Timothy McVeigh
Newsweek: This is the question that everyone want to know- Did you do it? McVeigh: The only way we can really answer that is that we are going to plead not guilty. Newsweek: But youve got a chance right now to say, Hell no! McVeigh: We cant do that.

Emotional Enlistment
Wife ask, Are you cheating on me? Husband, Honey, I love you, why would any man do anything to mess that up.
WDA

Father to son, How did that scratch, get on the car? Son, to tell the truth, I didnt even notice it.
WDA

Deception
Two Forms
Concealment
Leave stuff out, just dont say it. Easiest to do, hardest to detect But, more readily forgiven

Falsify
Have to construct a lie Causes more tension Easiest to detect
Deception Clues: Verbal and Non Verbal Mistake will reveal the truth

 Jim Lehrer: You had no sexual relationship with this young women? Bill Clinton: There is not a sexual relationship. Jim Lehrer: You had no conversations with this young woman, Monica Lewinsky, about her testimony, possible testimony, beforein giving a deposition? Bill Clinton: I did not urge anyone to saying anything that was untrue.

Stalling Method
Used to buy time to decide on whether to tell the truth or lie and what lie.
Repeats the questions verbatim Rephrases the question
Did I break in that house?

Responds with another question (Who me?) Clears his/her throat Ask for the question to be repeated Laughs, stutters, uh..uh, I..I..I.

The Blamer
Uses offensive statements to get you off of him.
You calling me a liar? She told you that I did this? Are you accusing me?
Take away his stinger Should I be?

Honorable Associations
You ask anybody, they will tell you that I dont steal. I go to church every Sunday, Im a Christian. My mom gives me anything I want. God as my witness Ive been here for 18 years and have never been accused of taking anything.

Ways to Say No = Yes

5 second NOoooooo, No, No, No No followed by crossing arms or legs No followed by breaking or making eye contact No before question is finished Breathless No No, followed by ?, Why would I? No, followed by, hedger: I dont think so.

Othellos Error
If person telling the truth and they perceive that you dont believe them, they will show you the same stress shifts as a deceptive person.
Truthful person will exhibit same signs as a deceptive person. Use indicator question: What if I told you I dont believe you?

Interrogation Techniques/Themes
Direct Accusation Blame Accomplice Emotional Minimizing the Consequences Baiting Bluffing Overwhelming Evidence

Direct Accusation
Approach with folder or notepad closed.
Video tapes (be careful if bluffing)

Jim, our investigations shows that youre the one that committed this crime.
Wait a couple of seconds and read his reaction

I know what happened now I have to find out Why, because its important to you and how you want to look.
Truthful: will give a strong denial, there is no why Deceptive : weak or no denial, Who me?

Theme or Tactic
Persuasion Phase of the Interrogation
Move in close and present theme Stop denials
Hold on if you didnt do anything wrong, you dont have anything to worry about, but if you made a mistake or did something you shouldnt have, you need to decide how you want to look? Hold on, I want you to just listen to me for a minute and let me explain a few things, before you say anything.

Blame Theme
Puts Blame on someone or something else besides the suspect
Wife always yelling and screaming, daring you The bills, kids need clothes, your not a thief, you were just trying to help out your family If it werent for the gambling (drugs, alcohol, etc.) you would have never done this.

Accomplice
Multiple suspects
Divide them and conquer
You couldnt of done this by yourself, Roy is telling us that this was your idea, I dont believe that, but I got to hear that from you. I know Roy is your friend, but right now your in the hot seat and you got to think about yourself and how this is gonna effect you. To tell on one is to confess.

Emotional
How is this going to effect your family?
Think about your son and when he does something wrong. The truth is the quickest way to get back to your family. How is this going to effect your poor mama? Your little baby girl (her name if you know it), needs her mama at home?

Minimizing the Consequences

You be the judge
If you had to decide on what to do with the person that did this, which person would you be more likely to give a break to
The liar who despite all the evidence hasnt come to terms with what he has done.
Looks like a thief, career criminal, etc.

Or the person who just made a mistake and wants to do the right thing

Baiting
Question asked that implies the possible existence of incriminating evidence for the purpose of enticing the suspect to consider changing his denials
Finger prints, eyewitnesses, footprints Video cameras DNA
CSI

Bluffing
Indicating you have evidence that you dont. Very risky We have your fingerprints all over.
Suspect was wearing gloves or didnt go where you say you have prints.
You could loose your credibility

Frazier vs. Cupp

US Supreme Court approved the use of trickery and deceit. You can lie as long at it does not shock the conscience of the court or community

Overwhelming Evidence
Bombard the suspect with confirmed solid evidence that you have.
Count it out on your fingers This looks really bad for you Show him picture of himself and ask him who it is. Criticize his sloppy work
You left so much evidence

Alternatives
When signs of surrender begin to appear
Feeling Channel
Decision to tell the truth or not Where you want them
Suspect lowers his eyes and head He may have accepted his guilt and is thinking about admitting to what he has done. Possible tears (no tissues, let it flow)

Move in close
Give him alternative between acceptable and unacceptable reason for committing the crime

Ask for Confession

Just tell me what happened

Corroborate Confession
Once you have your initial admission
Encourage suspect to talk about the aspects of the crime. Admission should include elements that they would know if they committed the crime.
Evidence that you did not reveal
Note in your report

Voluntary statement or recorded.

 Stay away from legal terms

Murder caused death Rape forced to have sex Steal take Confess tell the truth Killed hurt The best catch all is: Made a Mistake
Until confession then specific.