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Police disclose interview tactics

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by Andriy Pazuniak
Wednesday, February 28, 2007

In the midst of investigating an alleged rape at a campus fraternity house, the Madison Police Department Tuesday disclosed techniques detectives are permitted to use when questioning crime victims, including the practice of "trickery and/or deception."

Though he said the techniques are already in use by MPD detectives and investigators, Police Chief Noble Wray said it was important to "codify" the interviewing policy and "put it on paper."

On paper, however, is the controversial guideline allowing police detectives to use "trickery and/or deception … as a last resort" if they begin to doubt the truth of a victim's allegations.

"People don't expect police officers not to tell the truth," Wray said at Tuesday's press conference. "It's constitutionally allowed under certain circumstances. What we're trying to do here is outline those rare circumstances in which this would be allowed."

The goal of the policy, Wray added, is to build trust in the police department's service among the Madison community.

"It's not about a policy," Wray said. "It's all about trust and how people perceive our service."

Tuesday's policy disclosure comes three months after the City Council passed the so-called "Patty Resolution," which called for changes to the police department's guidelines for interviewing rape victims.

The resolution was named after a visually impaired woman named "Patty," who told police in 1997 she was the victim of a sexual assault. Police accused Patty of lying about the rape and charged her with filing a false police report.

Then in 2004, after years of perseverance — and three years after DNA evidence helped substantiate Patty's claims — the rapist was convicted of the 1997 rape.

However, City Council President Austin King, who helped author the "Patty Resolution," said the guidelines released Tuesday were not enough to prevent a similar incident.

"It's not a new policy, and that's the problem," King said following the press conference. "All they did was write down the policy that was in place at the time they investigated Patty."

After King questioned the interviewing guidelines at Tuesday's press conference, Wray said there are "no guarantees" the policy would prevent another "Patty" situation from happening.

"We will work hard and treat victims with respect and sensitivity, to try to make sure that does not happen," Wray said. "But there are no guarantees."

The MPD has come under scrutiny in recent weeks for how it has handled the investigation of an alleged rape at a University of Wisconsin campus fraternity house.

In an interview with Madison television station WKOW, the victim of the alleged sexual assault criticized the MPD for doubting her accusations, and for the questions detectives asked her and her roommate.

"I felt it was very rude and not what I was expecting from a police officer," the woman told WKOW, calling the detective's line of questioning "crazy and outlandish."

Following Tuesday's press conference, King specifically criticized the police department for continuing the practice of using "trickery and/or deception," saying it would be "much better to get rid of it."

However, Madison police detectives defended the practice, saying it was sometimes necessary to use deception to get all the facts of a particular incident.

"Ruses, deception — at times those techniques are used by people in law enforcement," MPD detective Mary Morgan said. "We are not trained to use those techniques with victims, and we don't encourage the use of deception or trickery with our victims."

King added the City Council would review the interview guidelines released Tuesday.


Anonymous (February 28, 2007 @ 8:15am):

Never trust a cop, it's just that simple. If they lie to victims imagine what goes on with "perps".

Anonymous (February 28, 2007 @ 3:15pm):

Noble Wray should be ashamed. His "apology" to Patty was a political stunt to take heat off the police. If he really meant it, he would have demonstrated a capacity for change, and instead he's sticking with the status quo.

Anonymous (February 28, 2007 @ 5:27pm):

Never trust a cop is absolutely right! I always thought the justice system was about the truth, well if a cop is allowed to lie, how in the ____ do you ever get to know the truth? How can you tell if the cop is making things up to protect their own butts? Like, maybe when they charge someone with a crime who just might be innocent, but when the cops get done with the perp, you can't tell what is a lie and what isn't! Cops start believing their own lies, totally confusing to me! How about everyone tells the truth and this confusion will stop.

Anonymous (February 28, 2007 @ 8:56pm):

To 5:27pm ... You've nailed it exactly! The police are supposed to function as law enforcement, not as gods. When the police start acting unprofessionally (e.g., lying, deception, for whatever means), they lose all their integrity.

I recommend watching this video from the ACLU on what to do in encounters with police:
http://video.google.com/videoplay?docid=8520847761350501823

Anonymous (March 9, 2007 @ 11:59am):

Talk about irony-saying the policy is for trust when the intent is to trick or deceive...

"The goal of the policy, Wray added, is to build trust in the police department's service among the Madison community.

'It's not about a policy," Wray said. "It's all about trust and how people perceive our service.'"

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