3 Detectives Obtained a False Murder Confession. Was It One of Dozens?
Huwe Burton was wrongly convicted because of deceptive interrogation techniques. How many more cases were “solved” the same way?
For Huwe Burton, the breaking point came late on the night of Jan. 5, 1989, as he sat with detectives in a cramped, windowless room on the second floor of a Bronx police precinct. He had not eaten or slept much in 48 hours.
A detective leaned in and said, “Tell us again about what happened that day.”
Mr. Burton, who was 16 then, repeated his story. He had come home two days earlier after spending the day at school and then at his girlfriend’s house, to find his mother, Keziah Burton, facedown on her bed, stabbed to death. Her nightgown was pulled up to her waist. A blue telephone cord was wrapped around her wrist.
What happened next in the interrogation room would reverberate in powerful ways over the coming decades. A false confession. An innocent man imprisoned for nearly 20 years. Serious questions about the tactics used by the three detectives involved in the investigation into Ms. Burton’s killing — and many others.
And now, a wide-ranging inquiry by the Bronx district attorney into whether the detectives’ tactics had tainted guilty verdicts in 31 homicide cases that relied on confessions.
The inquiry highlights how a new generation of prosecutors in New York and elsewhere is delving deeply into whether deceptive police interrogation tactics might have warped the criminal justice system through false confessions and wrongful convictions.
The examination comes after the emergence of hundreds of cases across the country in which people were sent to prison only to be exonerated later through the use of DNA or the discovery of new evidence.
Most of the Bronx cases being reviewed date to an era when violent crime in New York was at record highs. The police were under significant pressure to make arrests, especially in high-profile cases, and prosecutors faced similar demands to win cases they brought to trial.
But in some instances, the police and prosecutors moved too fast, made mistakes and ignored or withheld evidence that suggested they had the wrong person, exoneration experts say.
In Mr. Burton’s case, a judge exonerated him in his mother’s killing in 2019 after the Innocence Project, a nonprofit that investigates wrongful convictions, unearthed evidence not only that detectives used psychologically coercive techniques to get his confession, but that the prosecution had withheld evidence suggesting someone else was the killer.
That, and questions about other cases, prompted the Bronx district attorney, Darcel D. Clark, to order her office’s Conviction Integrity Unit to review dozens of other homicide investigations handled by the same detectives.
In a federal lawsuit filed in December, Mr. Burton accused the detectives of using lies, a false promise and a threat to persuade him to admit to something he had not done. He asserts that the detectives, to protect their reputations, and the prosecutor pressed ahead with the charges even after learning he had an alibi.
“Everybody got on board and thought it was a good idea to do this to a 16-year-old child after he had just lost his mom,” Mr. Burton said. “They chose to say ‘No, this is what we’re doing — we’re just going to lock him up.’”
The National Registry of Exonerations found that official misconduct played a role in the criminal convictions of more than half of 2,400 Americans who were exonerated between 1989 and 2019. For Black men wrongly convicted of murder, the proportion was 78 percent.
New York State has the third-highest exoneration rate — behind Illinois and Texas — and it ranks second for the number of convictions overturned because of a false confession, with 44 such cases since 1992, according to the registry.
Ms. Clark’s office will not release the names of the defendants in the cases being reviewed, but records show that the detectives in Mr. Burton’s case were involved in at least three other homicide cases that have been challenged in court.
The detectives — Stanley Schiffman, Sevelie Jones and Frank Viggiano — declined to be interviewed or did not respond to messages, but in past court proceedings Mr. Jones defended their handling of Mr. Burton’s confession and claimed it was spontaneous and credible.
A lawyer for Mr. Viggiano, Kyle Watters, said his client denied wrongdoing. Asked about the review, Mr. Viggiano said, “I don’t think it’s fair at all.”
Ms. Clark, who sought to overturn Mr. Burton’s conviction, has defended the work of the detectives, two of whom later worked for the Bronx district attorney’s office as investigators.
“What they did was not necessarily wrong — that is the way things were done then,” Ms. Clark said in 2019 shortly after Mr. Burton’s exoneration. “For 1989, that was standard practice for the N.Y.P.D., but now we know better.”
Lawyers for Mr. Burton, however, likened the detectives on his case to Louis Scarcella, a Brooklyn homicide detective who has been linked to several wrongful convictions, and whose tactics led to a review of 70 murder cases. At least eight convictions have been overturned at the request of the Brooklyn district attorney’s office.
“The question that should be on everyone’s mind is how many other people were coerced into falsely confessing by these detectives and continue to languish behind bars?” said Susan Friedman, an Innocence Project lawyer who worked on Mr. Burton’s case.
With a woman dead, police turn to her teenage son
The events that led up to Mr. Burton’s confession are detailed in his lawsuit and in other court filings related to his exoneration.
Two days after Mr. Burton’s mother was killed, the detectives arrived at a house where he was staying with his godmother and asked him to come to the 47th Precinct for a polygraph, he said in his lawsuit. When he arrived, however, he realized that the request was a ruse to get him to the police station without a guardian.
Mr. Burton did not know he had become the prime suspect after a teacher mistakenly told the investigators he had missed a morning class the day of the killing. (The teacher later said he had actually been in school.)
The detectives thought the killer was “an insider” who had staged the crime scene, according to court papers filed to vacate Mr. Burton’s conviction.
The contents of Ms. Burton’s purse were scattered on the floor and her car was missing, but there was no evidence of rape or of a struggle, the papers said. Ms. Burton’s husband was in Jamaica at the time.
Two hours into the roughly six-hour interrogation, Detective Viggiano started to bluff the teenager, pretending there was evidence that he was the killer, Mr. Burton and his lawyer in the federal suit, Jonathan C. Moore, said.
In an interview, Mr. Burton recalled breaking into tears and crying out: “I didn’t kill my mom.”
It is not illegal in New York for the police to deceive suspects about evidence to get a confession. Although state courts have thrown out some confessions obtained through such tactics, they have not banned the practice.
Mr. Burton said in an interview and in court papers that Detective Viggiano had warned him that if he did not confess to the killing, he could still go to prison for the statutory rape of his girlfriend, who was 13, and that rapists were abused in prison.
If he confessed, the detectives said, his mother’s death would be treated as an accident in Family Court and he would be released to his father, Mr. Burton said.
“I said, ‘What do I have to say?’” Mr. Burton recalled in an interview. Then, he said, the detectives began to feed him a story, asking repeatedly: “At this point you did this?” He said he responded with “yes” and “no.”
Later, he said, they had him write down his statement and make a videotaped confession.
“The state of mind I was in,” Mr. Burton recalled, “finding my mother in that state, trying to process that — if they said, ‘We want you to say you were responsible for the assassination of J.F.K.,’ everything they told me to say, I would have.”
Instead of being taken to Family Court, Mr. Burton was paraded past a phalanx of flashing cameras and news reporters as he entered Bronx Criminal Court to be charged with murder as an adult.
Excerpted from: https://www.nytimes.com/2021/02/15/nyregion/3-detectives-obtained-a-false-murder-confession-was-it-one-of-dozens.html?fbclid=IwAR2P8Y2s4gTBs3roUEfw_mjH6Kolxq1y9UlMBsSnletP5fM6wZieLypVR2g
