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As Arizona woman exits prison pending retrial, questions about confessions (+video)

Debra Milke, who spent 23 years in an Arizona prison for the murder of her young son, was out on bond Friday to await a new trial. Her case revives questions about confessions to police.

By Staff writer / September 6, 2013

Debra Milke is seen in this undated photo provided by the Arizona Department of Corrections. In March, a US Federal appeals court tossed out the conviction of Milke, who has spent more than 22 years on Arizona's death row after being found guilty of conspiring to murder her four-year-old son in 1989.

ADC/Reuters/Handout

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Chicago

The legitimacy of confessions is at the heart of a case of an Arizona woman convicted 23 years ago in the murder of her young son – and of a judge's decision this week to allow her to go free from prison until she can be retried for the murder, possibly without the confession as evidence. 

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A federal appeals court last spring overturned the conviction of Debra Milke, on grounds that the sole detective who heard her confession, in a closed interrogation room, had lied under oath in other cases and about other confessions – and that his track record should have been disclosed to her defense team during trial. Her alleged confession was not recorded.

Ms. Milke is not yet exonerated – the state plans to retry her on the same murder charges this fall. But her lawyers have already filed a motion to exclude the purported confession from being admitted as evidence.

The whole practice of obtaining confessions has received some black eyes in recent years, as convictions of various kinds – murder, sexual assault, robberies, and so forth – have been overturned when confessions were later found to be false or coerced. Of all exonerations involving false confessions between 1989 and 2012, the majority came in homicide cases, reports the National Registry of Exonerations, a joint collaboration between the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law.

“Confession is the most powerful type of evidence, more powerful than eyewitness testimony, because who but a guilty person would ever confess to a crime? The truth is, many innocent people do confess,” says Peter Neufeld, co-director of the Innocence Project, a nonprofit legal clinic in New York City that represents wrongly convicted people.

Juveniles and the mentally disabled are the most prone to giving false confessions, he says, but “ordinary people” are also susceptible if the police believe they have the right suspect and create a threatening enough environment to get an admission of guilt.

News that Milke would be allowed to leave prison pending retrial coincided with reports that the city of Chicago is paying out another $12 million stemming from the ongoing police torture saga involving Jon Burge, a former Chicago police commander who allegedly led a secret unit that is said to have coerced confessions from almost 200 suspects from 1972 to 1991.

Physical torture is “a major factor in giving a false confession,” says Leonard Cavise, a law professor at DePaul University in Chicago and a member of the state commission against torture that reviews cases related to police misconduct.

“What we saw in Chicago with the Burge case is an egregious example of what goes on around the country,” he says. “Usually you don’t see that concentration of torturers on a city’s police force, but individualized torturers exist in other places.”

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