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Question

Prosecutors drop criminal charges in Newport News due to "bad interrogation " transcript:

Criminal charges had to be dropped in Newport News, prosecutors and defense attorneys say it's because of a detective's "bad interrogation", the action strong scrutiny took place during a suspect interview, and that the suspect was a young teenager, a kid only in middle school. 13 News Now investigative reporter Laura Geller, joins us with the story in this video:

Obtained by 13 years now, you're not going to see anyone beaten. There are no bruises or broken bones as evidence of abuse, but lawyers argued and judge agreed this interrogation was such a violation of the teens rights, that they had no choice but to throw out the evidence and drop the charges. This teen and his mother wanted you to see this video because they believe the community should know what sometimes happens in these situations. 14 year old Gabriel is arrested on suspicion of breaking and entering and stealing guns from a home. Newport News, he's brought into the small room at the police department and left twisting in hand cuffs for almost an hour and a half. I think it's very clear that this child's constitutional rights were violated, it's just the start of public defender David Lee's problem with this interrogation.

Detective HT Troon comes in and reads Gabriel his Miranda rights, it takes less than 10 seconds.

Newport news Police Departments own documents on Miranda rights for juveniles, advised detectives evaluate the child's understanding, ask him to repeat them back you. Troon says the 14 year-old briefly nods, Troon moves on.

It might be one thing if this was a 41 year old long-term for drug dealer who's been in our Prison multiple times, where you have is literally a middle school 14 year-old.

Troon pulls out photos of other kids he says he sent to juvie.

He talks about the possible consequences of serving time. Lawyers tell us that could be a violation right there, by law juvenile sentencing info is supposed to be private. What happens next is something that Lee says he's never seen before. He's speaking to a youngster who is 14, slender with long hair. I think this is a clear suggestion of Prison rape, Troon literally backs Gabriel into a corner so close their knees are interlocked, and after almost 7 1/2 hours in a room at the police department, with just a few breaks, Gabriel writes an apology note to the victims. That is calculated to who were now overcome any resistance to where a child is likely to under this kind of pressure, admit to any of that.

Lee believes there's no question, this is a case of coercion.

The justice system doesn't work well if innocent people get convicted while the people who actually commit crimes, go free.

That's the danger, we get the wrong person which means the right person is still out on the street, and justice isn't served.

For Gabriel's charges in court, the prosecutor specifically said the interest of justice would not be served if this case were to move forward. We took the concerns directly to Newport News police Chief Steve Drew:

I can understand where he's coming from, I can understand some of the concerns that would be bringing this up in front of the jury and in front of a judge.

Reporter: Do you think this interview or interrogation crossed the line.

Chief Steve: I think that's a hard question, "Do I feel like it crossed the line." I think I would answer, that I think there were some things that I would like to see tweaked and different. Also I think we can always do better.

Reporter: Drew doesn't agree with every observation Gabriel's attorney made about the interrogation. He tells me he talked with detective Troon and his superiors about what happened in that room.

She said, " You think you should be interviewing juveniles?'

Chief Steve: I'm not at a point where I feel like I have a problem to have to remove it.

She says: Will there be any discipline?

Chief Steve: Well, I don't think it's a discipline issue, I think this is a training issue and a bigger picture. Not detective Troon, but our whole department.

After watching the video, Drew believes some of that training should focus on making sure everyone understands their Miranda rights no matter how long it takes. He also wants his people thinking about a kid might perceive a detective's words or body language in an interview.

Chief Steve: I'm not much looking for "Well want a confession", or "I want the truth!", I don't want to do that in an ethical moral way.

Drew plans to reach out to experts for their take on this situation and best practices. The chief also reached out to Gabriel's mom and is hoping to spend time with both of them after this.

The totality is, what can we do better, and how can we improve? And I think we're willing to ask those questions and look for those answers. That's what makes us a better organization.

We sat down with the chief for about 35 minutes, of course not all of that fits into a story, so we put his entire interview on our website for you. We also emailed detective Troon directly to see if he would talk to us about this video, but he did not respond.

Questions:

1. Discuss whether the police department made the right decision by dismissing the case against the juvenile. Why?

2. If you could be a change agent in a police department, describe the changes or procedures that you would institute to reduce any unethical practices during interviews/interrogations.