Ninth Circuit Finds Signs of Coerced Confession But Petitioner Gets No Relief
Cops use a host of manipulative tactics to wrest involuntary confessions from suspects. One such tactic is making threats or promises with respect to a suspect’s children.
People are particularly vulnerable when it comes to their children and cops can push a suspect over the line by exploiting that vulnerability.
But thanks to the “highly deferential standard” of review applied in federal habeas corpus cases, Sacramento cops got away with it again.
In LaDell Brown v. R. Howell, the petitioner LaDell Brown was sentenced to life without parole for murder and attempted robbery. During the investigation, the polygraph examiner elicited an incriminating statement (later retracted) from Brown by exploiting his desire to see his unborn child.
On a writ of habeas corpus, the Ninth Circuit found “the record reveals that, as in [Supreme Court and Ninth Circuit precedent], [the polygraph examiner] coerced Brown into confessing by conditioning his ability to be with his child on his decision to cooperate with the police.”
But unfortunately for Brown, such bad police conduct wasn’t enough. To grant the writ, the Ninth Circuit needed to find more than a probable coerced confession through exploitation of the family relationship. The Court needed to find that the state court’s opinion was unreasonable in light of clearly established Supreme Court law...something the Ninth Circuit could not do given opinions issued in other Circuits.
Brown’s second argument, dealing with expert testimony in cases of coerced confessions, was also rejected.
