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Illegal Coercion during juvenile interrogation:
"The Ashley Howes Case"
by Michelle Calderon, staff writer for AnaiRhoads.org
"No person shall be compelled in any criminal case to be a witness against himself…Nor shall any person be deprived of life, liberty or property, without due process of law." (US Constitution, Amendment V).
A 13-year-old babysitter Ashley Howes is accused in the death of a 19-month old toddler in Washington. "The defendant faces anywhere from three years up to a maximum detention period until her 21st birthday if she is convicted of second-degree murder in juvenile court." (Greenberg, 2005). The prosecutor claims classic "shaken baby syndrome" case. Known as "shaken-impact syndrome," or "whiplash-shaken infant syndrome," shaken baby syndrome is a severe form of head injury caused by violently shaking an infant or child. Shaken baby syndrome usually occurs in children younger than 2 years old, but may be seen in children up to the age of 5. The violent shaking may result in severe injuries to the infant including permanent brain damage or death. Shaken Baby Syndrome is almost always caused by non-accidental trauma (child abuse). It is caused by an angry or frustrated parent or caregiver who shakes a baby in response to persistent crying. Many times they do not intend to harm the baby. In rare instances this injury may be caused accidentally by actions such as tossing the baby in the air or jogging with a baby in a backpack. "It does not result from gentle bouncing or play." (d, 2005).
However, Ashley claims she was simply trying to calm the child by "wiggling" her. During interrogation, the juvenile defendant confessed to the crime. The defense attorney Bryan Hershman rebutted by stating his client never admitted to harming Freya and therefore the statement does not amount to a confession. Not only did Howes never used the word "shake" the baby, the defense argued that the victim was coerced into confessing to a crime she did not commit. For instance, Howes requested for an attorney, yet the police detectives pursued their questioning and abandoned all legal procedures in handling the questioning. Parents of Ashley Howes were outraged especially since their request for being present during such an interrogation and a lawyer, were ignored.
Recent study also show teenagers ages 15 to 16 were far more likely, compared with young adults 18 to 26, to confess to a mock crime when presented with false evidence of their guilt (Fagan, 2005). Ashley is only 13 and "suffers from ADHD (Attention Deficit Hyper-Activity Disorder)"(a, 2005). Additionally, Ashley Howes had written a note that pointed out eight officers was telling her she had caused the death of Freya Garden. Guilt caused her to state she will burn in hell. Experts found this consistent with children who had been placed in interrogations to start believing what they are being told. Although the damage to a falsely accused person is obvious, it is not always fully realized that a child is also damaged by a false allegation and a mistaken decision. A child involved in a false allegation is subjected to highly destructive emotional abuse. The harm done to children when adults make a mistake is severe and likely long lasting. The research also demonstrates that "children may come to believe in mistaken memories and experience them as subjectively real when they are not. The consequence is that a child is made into a victim of abuse by the mistaken belief of adults." (Wakefield, 1996). The claims of illegal coercion used with the minor have outraged many officials including the judge assigned to the case. Below is the classic case of the fifth amendment violation.
U.S. Supreme Court MIRANDA v. ARIZONA, 384 U.S. 436 (1966) 384 U.S. 436 Decided June 13, 1966. (c, 2005).
While the confession was partly video taped, other segments of the interrogation were not. In fact, included in the 10 issues the judge ruled on, was inconsistent gaps that occurred during the incidence not video taped. Judge Mary Roberts made a responsible decision and stated the inadmissibility of the evidence during the taping. Citing their "unlawfully tainted" and "coercive" nature, Superior Court judge Mary Roberts ruled to suppress five of 10 statements that 13-year-old babysitter Howes made to police. Many believe the case would have been reversed on appeal if the confession was allowed as evidence. More shocking in her decision was discrediting the police officer in charge of the interrogation which would make his testimony useless to the prosecution. It was an outright victory for the defense.
This ruling has also impacted the findings of the medical examiner. An autopsy originally reported that Freya died from injuries suffered from being shaken, including brain damage, petechiae, or bruising caused by hemorrhaging, and internal bleeding. Signs of blunt trauma consistent with Freya's head hitting a hard surface were also detected. Once the statement of Howes shaking the baby was dismissed, it was later confirmed that the unrelated bruising and blunt trauma could have been caused by outside factors. One theory presented was that of CPR. Resuscitation of the newly born infant presents a different set of challenges than resuscitation of the adult or even the older infant or child. A serious complication is regurgitation followed by aspiration of gastric contents, producing an aspiration pneumonitis that may be fatal. Study has shown that cardiopulmonary resuscitation commonly causes minor injuries such as superficial bruises and abrasions and the likelihood of such injury increases with the duration of the cardiopulmonary resuscitation. “The overall incidence of injury has been estimated at between 20%–65% in adults and 7% in children. Major head injury was implicated in 69 of these cases. The study examined all injuries attributable to CPR in a postmortem based study of 211 children. They reported a 7% incidence of any injury. Fifty per cent of these injuries were minor bruises and abrasions. They found seven cases (3%) of what they termed "serious" injury. The findings of this study indicate that resuscitation attempts in children who ultimately die do cause injuries and the number of injuries increases with the duration of the CPR” (Ryan, 2003).
With the most damaging evidence thrown out, forensics reports and expert testimonies of the police officers involved were discredited. The prosecutor is left with no other evidence that would justify prosecution. It is surprising that the state of Washington even allowed the interrogation procedure to take place without an adult representation of the juvenile present. Only two states require the taping of interrogations. In Alaska, interviews of suspects in custody are both audio taped and videotaped, while in Minnesota the statements are audio taped.
Example of Juvenile Interview from the state of North Carolina:
The rules for custodial interviews of juveniles are different from adults.
(1) Juveniles must also have their Miranda rights read to them.
(2) The 15-year-old juvenile has the right to have his parent, guardian or
custodian present, on top of the other rights. The 15-year-old can waive
this right.
(3) The 13-year-old has the right to have his parent, guardian or custodian
present and he cannot waive this right. Do not interview any person
less that 14 without a parent, guardian, custodian or attorney present (b, 2005).
What else does the prosecution have? Still more questions arise regarding the chain of events that occur. Morningstar Garden, the mother of the victim has spoken with police and the defense attorney recounting the moments of the episode. While she has admitted being present, she also concurs not seeing anything suspicious. Given all the circumstances and lack of evidence, the police and the prosecution only had the confession as key evidence for an actual crime to have occurred. Today, Judge Mary Roberts dismissed the case with prejudice. This means it can never be re-opened. Prosecutors blamed the suppression of police statements from Howes had irreparably damaged their case.
When there is a cold case, typically the only way a police officer is going to solve it is either through a confession or "through some defendant mouthing off at a bar and the policeman getting a tip. That makes a confession that much more dangerous for children. Because when there is no other evidence that a suspect is guilty, police officers need a confession to close a case. That is when the use of coercive kinds of interrogation practices starts" (Galatzey-Levy, 2000). Should there have been charges made in the first place if the illegal interrogation did not occur? Is it possible that the death of Garden was accidental? Who will claim responsibility to the trauma it has caused Ashley Howes and her family? Will a civil law suit follow from the Howes family against King County?
References:
a. (2005). Juvenile Laws and Procedures. Retrieved October 12, 2005, from: http://www.jus.state.nc.us/NCJA/juvlaw.pdf
b. (2005). ADHD News. Retrieved October 12, 2005, from: http://www.adhdnews.com/
c. (2005). The Miranda Rights. Retrieved October 12, 2005, from: http://caselaw.lp.findlaw.com/
d. (2005). Shaken baby syndrome. Retrieved October 12, 2005, from: http://www.hmc.psu.edu/
Fagan, J. (2005, August 14). Adolescents, Maturity and the Law. The American Prospect On-Line. Retrieved October 5, 2005, from:
http://www.prospect.org/
Galatzer-Levy, J. (2000, March 22). Wake-up call on kids confessions. Retrieved October 12, 2005, from: http://www.law.northwestern.edu/
Greenberg, E. & Guthrie, S. (2005, October 12). Babysitter, 13 accused of shaking toddler to death. Court TV. Retrieved October 12, 2005, from: http://www.courttv.com/
Ryan, M. P., Young, S. J., & Wells, D. L. (2003). Do resuscitation attempts in children
who die, cause injury? BMJ Publishing Group. Retrieved October 12, 2005,
from: http://emj.bmjjournals.com/
Wakefield, H. & Underwager, R. (1996). The Family Bill of Rights. Retrieved October
12, 2005, from:
http://www.tc.umn.edu/
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