In 2003, three teenagers were convicted of the murder of a woman and her toddler son in Crozet. One of them, Robert Davis, who is currently serving a 23-year sentence, is seeking a pardon from the governor’s office — claiming he gave a false confession as a result of a harsh interrogation process.
According to C-VILLE Weekly, Davis’ interrogation 12 years ago, when he was 18, lasted six hours. He was held in leg shackles and, despite claiming innocence for more than five hours, after investigators pushed Davis to confess, he finally did. (Video of parts of the interrogation — which some viewers may find disturbing — can be found here.)
Davis ultimately pleaded guilty via an Alford plea, conceding there was enough evidence to convict him but maintaining his innocence. The governor’s office is now conducting a new investigation into his case to evaluate whether he should receive a pardon, particularly now that the two co-conspirators in the case have sworn to Davis’ innocence.
This episode calls into question the use of interrogation practices by police. According to C-VILLE, University law professor Brandon Garrett has been researching interrogation practices, and, after surveying 180 agencies in Virginia about their policies, found little standardization or guidance. Of the agencies surveyed, only nine required recording entire interrogations, and more than half made it an option. Only a few gave direction on proper procedure — including cautioning against leading questions — but dozens had no policy on interrogations at all.
In Albemarle County, officers are encouraged to audio- and videotape interrogations, but are not required to do so; in Charlottesville, the police record all statements in custodial and non-custodial interviews “when circumstances permit for such recording” — ambiguous phrasing. According to C-VILLE, leadership in both departments said a policy mandating recording in all cases is a bad idea.
Mandatory recording may not prevent all false confessions. In Davis’ case, his interrogation was recorded — but, after maintaining his innocence, he still confessed. But, having this recording on hand may make it possible for the governor’s office to conduct a full investigation and better evaluate whether this confession was coerced. The main concern officers have with recording interrogations is that, should someone spontaneously confess en route to questioning or in a non-recorded setting, with video recordings as the norm spontaneous admissions may be considered less useful, despite their significance.
Perhaps not every confession can be recorded, but the argument that this means police should not record interrogations is unpersuasive. If police are excessively forceful or brutal in their interrogation tactics, but no recording exists, a defendant’s claim that his confession was coerced or that he was subject to police brutality can’t be substantiated. In such a he-said, she-said scenario, a police officer — even if he did in fact coerce a confession — will appear much more believable than a potential criminal.
But even if recordings are not possible, the standardization of interrogation practices across the state seems like a reasonable next step. Given that officers deal with something as important and life-changing as an arrest, the fact that there is no interrogation policy guidance for them is troubling. Especially in light of conversations about police brutality happening across the country, the need for policy guidance and accountability for officers is obvious. The possibility of false confessions is not just bad for the confessor — who may be convicted of a crime he never committed — but is also bad for Virginians, since the real offender is, in such cases, still on the loose. False confessions endanger the innocent — arrestees and average citizens alike.
A standardized policy will not pigeonhole investigators into losing all semblance of creativity in their questioning practices; such a policy would only serve to make Virginia safer. The mission of the Charlottesville Police Department is “to serve, protect, and improve the quality of life for those who reside, work, and visit in our community.” Similarly, the mission of the Albemarle County Police Department is “to provide for the safety and security of our many diverse citizens and communities while protecting individual rights and delivering quality services.” Police departments across the state share similar missions. If our police intend to protect our quality of life alongside our individual rights, they should have no qualms with standardizing interrogation practices — a change that falls in line with their stated goals.
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