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Interrogations-and-Confessions-Handbook

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Police Impropriety 515<br />

STEPHEN MILLER<br />

This case relates to a murder of a prostitute, Miss White, in Cardiff on Valentine’s<br />

Day, February 1988. Miss White had been stabbed more than 50 times<br />

at her home, where she entertained her clients. Her head <strong>and</strong> one breast were<br />

almost severed. Ten months after her murder five men were arrested, having<br />

been implicated by two of Miss White’s colleagues, who claimed to have witnessed<br />

the murder <strong>and</strong> been forced to participate in mutilating the body. In<br />

spite of a great deal of forensic evidence at the crime scene none of it matched<br />

any of the five defendants (Rose & Bhatti, 1991). In October 1989 the trial<br />

began. The preceding judge was Mr Justice McNeal, who refused to hear my<br />

evidence of Stephen Miller’s psychological vulnerabilities during a voire dire.<br />

The trial before this judge lasted almost six months, but as the judge began<br />

the summing up he died of a heart attack. A re-trial was to commence three<br />

months later.<br />

In August 1989 I had been commissioned by the defence to assess Miller <strong>and</strong><br />

study the police interview tapes. My main conclusions were as follows.<br />

� Mr Miller obtained a Full Scale IQ of 75, falling at the bottom 5% of the<br />

general population.<br />

� Mr Miller proved to be abnormally suggestible on the GSS 1 <strong>and</strong> GSS 2,<br />

administered three weeks apart (the Total Suggestibility Scores were 18<br />

<strong>and</strong> 20, respectively).<br />

� Mr Miller was prone to symptoms of high anxiety.<br />

� During the interrogation Mr Miller’s self-esteem was severely manipulated<br />

by the officers, he was subjected to immense pressure to provide detailed<br />

accounts that agreed with the police officers’ premises <strong>and</strong> expectations<br />

<strong>and</strong> the form <strong>and</strong> type of questioning was very leading. He showed clear<br />

evidence of distress at various times during the interviews.<br />

In the final paragraph of my psychological report, I concluded:<br />

In view of Mr Miller’s marked psychological vulnerabilities he would have been<br />

ill-prepared at the time of the interviews to cope psychologically with the pressure<br />

<strong>and</strong> dem<strong>and</strong> characteristics of the situation. There is no doubt in my mind that<br />

bearing in mind the type, intensity <strong>and</strong> duration of the police pressure during the<br />

interviews <strong>and</strong> his psychological vulnerabilities, the reliability of the interviews<br />

must be considered to be unsafe <strong>and</strong> unsatisfactory.<br />

Miller had been interviewed by the police on 19 occasions between 7 <strong>and</strong> 11<br />

December 1988, comprising 14 hours of tape-recorded interviews over a 90 hour<br />

period. There was a solicitor present during all the interviews, but in spite of<br />

the oppressive nature of the questioning he failed to intervene appropriately.<br />

Miller’s confession was crucial in implicating him <strong>and</strong> his co-defendants. Therefore,<br />

it was crucial for the Crown that Miller’s interviews were allowed before<br />

the jury.<br />

A second trial commenced in May 1990 under Mr. Justice Leonard, <strong>and</strong> ended<br />

approximately six months later. I was allowed by this judge to give evidence<br />

during a voire dire on 18 May, which took place at the beginning of the trial. My

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