Taped Confessions: Memphis Police Under Scrutiny

MEMPHIS, Tenn. - The nation watched as convicted killer, Jessie Dotson confessed on the "First 48," to killing 6 people inside a home on Lester Street in 2008. The confession was taped by a TV show, not Memphis police.

The judge wouldn't allow the recorded confession in court because it was edited by the TV show and the original recording was erased.

At that point, the officer who got that confession, now Deputy Chief Toney Armstrong, had only his memory to rely on. The only documentation of the interview was 1 paragraph- from a 5 1/2 hour interrogation. Some say, that's just not acceptable but as we found out, they’re not required to do any more.

On the witness stand during his capital murder trial, Dotson claimed police coerced this confession out of him during hours of interrogation. His attorney's say, we'll never know if his claim is true or not. Like most TV shows, the First 48 didn't keep the entire taped interview. Memphis Police never taped or transcribed the entire confession either.

“If we are going to put people in prison, we should know what is said and what is not said," said Dotson's attorney, Marty McAfee.

Jurors didn't buy the argument that Dotson was coerced into confessing.
They convicted him in near record time.

But, false confessions are real.

The Innocence Project found false confessions were made in 25% of the wrongful convictions that were later overturned by DNA evidence. The Innocence Project is a public policy organization dedicated to exonerating the wrongfully convicted.

The organization said, recordings are the best way to prevent false confessions.

Dotson's attorneys, Gerald Skahan and Mcaffe, question why interrogations aren't recorded in Memphis.

"Tonight in Memphis there will probably be 40 people pulled over for DUI and everyone of them will be video taped but if somebody comes in tomorrow to confess to killing four people it's not going to be video taped so you tell me if that policy makes sense. Are we really helping to build a case or what are we doing?" said Skahan.

Memphis police do have the capabilities to record statements.
While they did not record Dotson's confession, they did record a statement made by 9-year old CJ Dotson, who was recovering in the hospital from a stab wound to the head. He identified Jessie Dotson as the killer.

In MPD's policy on taking defendants statements, there is no mention of recordings. Instead, it said, "an investigator should always attempt to obtain a written statement." It advises officers to "paraphrase the defendants’ version of the crime if they agree to talk but refuse to sign a statement."

Memphis police declined our repeated requests, to do an interview on the subject. But they did issue this statement saying in part, "in every case that goes to trial, the courts determine if a statement was obtained legally or not. The Memphis Police Department lives up to the standards set forth by the courts."

Shelby County prosecutors note Memphis police has the highest solve rate in the nation when it comes to homicide.

“We're not going to start recommending making policy for the MPD because as far as we're concerned, they're doing a great job," said Prosecutor Reginald Henderson.

At least 18 states require some sort of recording of interrogations.

In Montana, any statement made by a suspect during an interrogation is not allowed to be used in court, unless the entire interrogation was recorded.

In Illinois, all interrogations of homicide suspects must be recorded.

Missouri, just passed a law last year saying interrogations of people arrested for serious crimes shall be recorded when feasible. If law enforcement fails to comply, the governor can withhold state funds.

Mississippi, Arkansas and Tennessee do not have laws requiring the recording of interrogations, statements or confessions.

"All pertinent information going into court we prefer it be recorded," said Ast. Chief Mark Dunbar with the Shelby County Sheriff's Office.

Even thought it's not required by law, the Shelby County Sheriff's Office records all statements given by suspects. As soon as the door to the interrogation room opens, it automatically starts recording, both audio and video.

While this system has only been in place a couple years, they've been taking audio recordings of statements for years.

"For our end of it, makes our case stronger especially when we go to court," said Dunbar.

"The days where an officer can take the stand and say this happened and jurors believe it are just not there anymore so if you have something that backs up what your testimony is too certainly a tape, it's a big help, yes," said North Mississippi District Attorney, John Champion.

Champion recommends law enforcement officers in his district which includes Desoto and Tate counties, record interrogations, when possible. He said the jury expects to see statements on video but he does not believe there should be legislation requiring it.

"Obviously if your working a case, talking to the defendant