The Confession
Posted: 13 Jan 2016, 16:31
In the 1980s I was assigned a rape case at a low rent apartment complex in South River City . This complex was nestled far back into the woods off and in behind the power line I don't know whether the city fathers planned it that way, however it seemed odd that a section 8 housing complex would be permitted in an area of the city so isolated that it could take a district car up to 5 min. to respond from City Hall. If you consider that a good deal of the individuals who inhabit section 8 housing are there because of the poor choices that they tend to make. A reasonably intelligent person could conclude that a complex of this nature could be a magnet for some of societies transgressors.
So it was on that day that I was called out to the scene of a rape of a young housewife. Upon my arrival I was greeted by the husband of the victim. The perpetrator of the rape was seated on the bed in the bedroom area of the apartment where they lived The husband of the victim advised me that this individual sitting on the bed wanted to confess his criminal activity to the police.
This being highly unusual, I was somewhat taken aback and inquired of the young man as to why he wanted to confess. He told me at that time that he just felt bad about the whole situation. I said okay and advised of his Miranda rights and asked him if he would like to have a lawyer present while he made this confession. He declined the offer. After signing the appropriate paperwork the man told me the story of what had happened.
The previous day he had come to the residence to visit and comfort the wife because her husband had left her and the divorce was imminent. He took her for a ride on to the power line area adjacent to the housing complex. After they had talked for a while he became amorous and wanted to have sex with young lady. She refused he overcame her objections with force and raped her. I told the young man just sit on the bed I would be back. I went to the living room where I contacted the victim and elicited the same story from her. At this point I had little doubt that a rape that occurred and the individual seated in the bedroom was responsible.
I returned to the bedroom with the intent of taking the young man to my office at the police department and taking a formal statement regarding the incident. It was at this point that I turned to the husband and the other individual who would been standing just inside the door of the bedroom. The bedroom door was partially obscuring these two individuals and the manner in which they were maintaining control over the suspect and the suspects apparent inability to look at them aroused suspicion within my mind as to the voluntariness of the confession. I turned my attention to the individuals and pulled the door away from the aggrieved husband. It was at this point that I noticed that hidden behind his right leg was a pic handle. I took the pic handle from them. I then turned to the suspect and asked him if this confession had been voluntary or it had been elicited under duress. At this point I had the suspect stand and noted that he had considerable trouble getting to his feet and seem to be favoring his ribs. I had the suspect pull up his shirt and noticed several large welts about as wide as the business end of the pic handle. At this point the whole situation became very clear to me and I found myself advising the aggrieved husband of his constitutional rights. I made a quick call to the prosecutor's office. After explaining the situation to the prosecutor he asked me did I have any hand whatsoever in eliciting the confession with the use of the pic handle or have any foreknowledge that such a confession may have been elicited my answer to his questions was no.
The prosecutor then advised me to take the individuals confession if you still want to make one advising that he had the absolute right to an attorney and that the confession made under duress could be recanted. If you wish to make a complaint the individuals who carried out the assault could be arrested for first-degree assault. But that we were going to proceed with charges in the rape case nonetheless. That we would use the victim statement and lab tests to prove that case.
Our suspect declined to prosecute the individuals who had assaulted him. Our suspect gave me a complete confession to the rape. Our suspect was prosecuted for the rape. Pled guilty to the rape and went off to prison.
Whether this is right or wrong is up to each of us to decide for ourselves. The incident described here most perfectly fits the precept in the Bible of an eye for an eye.
Note This is an unedited version of one of stories in my next book ( removed by mod )
S Henry Knocker
So it was on that day that I was called out to the scene of a rape of a young housewife. Upon my arrival I was greeted by the husband of the victim. The perpetrator of the rape was seated on the bed in the bedroom area of the apartment where they lived The husband of the victim advised me that this individual sitting on the bed wanted to confess his criminal activity to the police.
This being highly unusual, I was somewhat taken aback and inquired of the young man as to why he wanted to confess. He told me at that time that he just felt bad about the whole situation. I said okay and advised of his Miranda rights and asked him if he would like to have a lawyer present while he made this confession. He declined the offer. After signing the appropriate paperwork the man told me the story of what had happened.
The previous day he had come to the residence to visit and comfort the wife because her husband had left her and the divorce was imminent. He took her for a ride on to the power line area adjacent to the housing complex. After they had talked for a while he became amorous and wanted to have sex with young lady. She refused he overcame her objections with force and raped her. I told the young man just sit on the bed I would be back. I went to the living room where I contacted the victim and elicited the same story from her. At this point I had little doubt that a rape that occurred and the individual seated in the bedroom was responsible.
I returned to the bedroom with the intent of taking the young man to my office at the police department and taking a formal statement regarding the incident. It was at this point that I turned to the husband and the other individual who would been standing just inside the door of the bedroom. The bedroom door was partially obscuring these two individuals and the manner in which they were maintaining control over the suspect and the suspects apparent inability to look at them aroused suspicion within my mind as to the voluntariness of the confession. I turned my attention to the individuals and pulled the door away from the aggrieved husband. It was at this point that I noticed that hidden behind his right leg was a pic handle. I took the pic handle from them. I then turned to the suspect and asked him if this confession had been voluntary or it had been elicited under duress. At this point I had the suspect stand and noted that he had considerable trouble getting to his feet and seem to be favoring his ribs. I had the suspect pull up his shirt and noticed several large welts about as wide as the business end of the pic handle. At this point the whole situation became very clear to me and I found myself advising the aggrieved husband of his constitutional rights. I made a quick call to the prosecutor's office. After explaining the situation to the prosecutor he asked me did I have any hand whatsoever in eliciting the confession with the use of the pic handle or have any foreknowledge that such a confession may have been elicited my answer to his questions was no.
The prosecutor then advised me to take the individuals confession if you still want to make one advising that he had the absolute right to an attorney and that the confession made under duress could be recanted. If you wish to make a complaint the individuals who carried out the assault could be arrested for first-degree assault. But that we were going to proceed with charges in the rape case nonetheless. That we would use the victim statement and lab tests to prove that case.
Our suspect declined to prosecute the individuals who had assaulted him. Our suspect gave me a complete confession to the rape. Our suspect was prosecuted for the rape. Pled guilty to the rape and went off to prison.
Whether this is right or wrong is up to each of us to decide for ourselves. The incident described here most perfectly fits the precept in the Bible of an eye for an eye.
Note This is an unedited version of one of stories in my next book ( removed by mod )
S Henry Knocker