March 2009

FORENSICS COMMITTEE REPORT

Myrna J. Glick, Ph.D.
Forensic Chair
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So be sure that it's true… When you say I love you… It's a sin to tell a lie….
(Billy Mayhew, 1936, www.sylyrics.com)

It may or may not be a sin to tell a lie, but if you happen to be a police officer, it may well cost you your job. [If you want the music, it is available online at this site as well. Try Billie Holiday.]

Brady v. Maryland, 373 U.S. 83 (1963)[1], was a United States Supreme Court case in which the prosecution had withheld some evidence from the criminal defendant. Subsequently, the defendant challenged his conviction, arguing that it was in violation of the Fourteenth Amendment of the U.S. Constitution. Following this historic case, police officers that lie became known as "Brady cops." Because of this ruling, prosecutors are required to notify defendants and their attorneys whenever a law enforcement official involved in their case has a record of knowingly lying in an official capacity.

For this reason, an officer who has lied in the course of an internal investigation, even if that lie was relatively trivial, may be subject to dismissal. One chief of police interviewed on this subject stated that the primary reason is that the officer has destroyed his usefulness as a witness against those he has arrested. The accused has the right to demand the officer’s personnel record. If that record corroborates a record of lying to a superior, it is an easy matter to impeach him as a witness. A very guilty person may well “walk” not in justice, but because of the officer’s documented history.

Over time, more and more police departments and municipalities have adopted the “No Lie” policy as part of their code of conduct. In a series of online postings in the Hawaii Tribune Herald, (“Re: Police Commissioner’s new policy – no more lying,” October 15, 2008), citizens of the Big Island of Hawaii discussed the pros and cons of requiring the Chief of Police to stick to the truth, regardless of any greater goal…like crime prevention. This leads to many existential questions. For example, if police officers are required to be truthful at all times, does this preclude undercover investigations?

In order to gain greater insight, the writer interviewed Edwin J. Delattre, Ph.D., by telephone. Dr. Delattre is the author of a widely used text on police ethics, Cops and Character: Ethics in Policing, (2006, Amazon. Com, 550 p.). Healso is Dean Emeritus of the Boston University School of Education and past president of St. John’s College. Dr. Delattre said that he was one of the prime movers in spreading the doctrine of the No Lie Policy, providing that the officer has lied in the course of an internal investigation. Dr. Delattre pointed out that keeping such an officer in uniform entails great risk to the public. Putting such an officer on the street means that the Chief of Police is forcing the public to trust an individual whom he himself has reason not to trust.

Jeff Noble, Commander of the Irvine, CA Police Department wrote in the October 2003 issue of The Police Chief, vol.70, No. 10, pp. 1-7, that the true concern is with “improper, intentional, deceptive conduct that affects an officer’s credibility, whether that deceptive conduct consists of lying, making material omissions, or engaging in other unacceptable deliberate actions.” 

So, is an officer who has been caught red handed in a lie invariably fired? Apparently no. Seattlepi.com reviewed internal police investigations in the city of Seattle and State of Washington (Kamb, Lewis and Nalder, Eric, “Cops who lie don’t always lose jobs,” February 28, 2008) turned up cases of officers who had cheated on exams or falsified reports, but were sometimes not even investigated. The heavy consequences of ending an officer’s career apparently results in somewhat uneven application of the policy. Whether an officer is fired or not may depend on the specific context in which the lie occurs.

As a former resident of a state where it is difficult to distinguish cops from capos, discovery of this policy and its prevalence was a bit startling. In New Jersey, citizens almost expect cops to lie. But Dr. Delattre’s point about forcing the public to trust and obey someone whose untrustworthiness has been established is very well taken. Of course, the exception may prove the rule. There is Frank Abagnale, hero or anti-hero of the film, “Catch Me If you Can.” Frank was a notorious forger and champion imposter who now consults with law enforcement agencies, keeping them one step ahead of the crooks. Frank Abagnale will be the featured speaker at the 2009 National Conference of the American College of Forensic Examiners Institute (ACFEI). For a price, (and CEUs), catch him if you can. The 2009 National Conference will be held on October 14-16 at a fitting location, the Rio Hotel in Las Vegas, Nevada.