Interview and interrogation 101

1. Interview and interrogation 101 For the AGA Winter Seminar 2013 Presented by Detective Heather Baltz

2. Interview vs. Interrogation • Interviews and interrogations both have a similar goal of gathering information from people by talking and interacting with them. • Interviews are laid back and non-confrontational. • Interrogations are confrontational and more assertive, and are used only when someone demonstrates deception or is non-cooperative. • Every interrogation starts with a thorough interview.

3. Our outline today in class: • Discuss interview techniques and characteristics of good interview practice. • Talk about logistics to consider: when, where, who, and in what order to proceed when it comes to interviews. • Discuss hallmark traits of deceptive subjects and how to tell when someone is lying to you. • Review interrogation techniques to get that deceptive person to be honest with you.

4. Why are we Interviewing? We know this person has information we need to gather. We need to determine if the information the person is providing is reliable, accurate and credible. We need to lock the person into a story for sourcing of information later (either for reports or testimony).

5. A few considerations before you start: • Where do I conduct the interview? • When do I do the interview? • Who goes first when I have 15 people on my list?

6. WHERE? Important because it sets the tone. Options: His house? His workplace? The company parking lot? Over the phone? Get him on YOUR TURF! Where you interview someone is also important because you don’t want distractions. A simple, plain, private room is best.

7. WHEN? WHO GOES FIRST? Always go for your most knowledgeable, most cooperative person first. Gather the most reliable information you can so you know the most details possible before going after a guilty party or someone you suspect will be dishonest. You will have more confidence and leverage. NEVER EVER EVER interview two people at the same time. EVER!

8. Let’s talk about your attitude. Interviews are laid back. Your demeanor and personality will influence this interview profoundly. Be nice and approachable and build rapport with the subject. Make that person comfortable and put them at ease. WHY????

10. It’s simple, really…… Interviews are you asking broad questions and them providing information. You talk 20 percent, you LISTEN 80 percent! Take notes to control your pace. If you take notes, you are listening, not interrupting. Remember: you are gathering information from this person, not providing it.

11. A study done by Fisher, Geiselman and Raymond indicated that more often than not an interviewer asked a follow-up question within one second of the witness completing their answer to the previous question. There were occasions where the interviewer began asking the next question before the witness had finished answering the previously asked question. When an interviewer asks questions speaking rapidly and in rapid succession, there is a negative effect on the witness’ memory recall. With this in mind, the interviewer should slow their pace of asking questions and allow for a pause between answer and next question. RC Anderson; SCIIT, Inc. “The Cognitive Interview Process”

12. Is there a problem, sir? If the person you are interviewing has a problem giving detailed information or is being non-cooperative and short with you, this is a huge red flag. • Is he hiding something? • Is he lying about something? • What is making him nervous? • Why is giving information a problem if he did nothing wrong?

13. Pants on fire? How do we know when a person is lying? • Watch them. • Listen to them. • Listen to your gut instinct. • Evaluate the situation as a whole.

14. Watch the person during the interview. • Is he nervous and fidgeting? • Is he avoiding eye contact with you? • Is he sweating profusely and asking for a break? • Is she rocking back and forth in her chair and talking really fast? • Is he laughing at inappropriate times?

15. Really listen to the person: • Is she answering the question you asked or diverting to another topic? REDIRECT HER! • Is he giving strong or passive statements? Does he speak with conviction and confidence? • Is she talking about every detail about everything except for the incident at hand?

16. Rely on your gut instinct! • You are smart enough to know when someone is lying to you. • Is this person giving you the run-around and are you getting frustrated?

17. Evaluate the situation: • Does this person appear forthcoming and honest? • Does this person have reason or motive to lie? • Is he making contradictory statements to information I have already gathered? • Is he avoiding conversation about the incident or topic at hand?

18. Choose your own adventure! Honest Subject LIAR, Liar Stop here! You’re done. Shake this person’s hand, thank them for meeting with you, and tell them to have a nice day. Put your mouth guard in. It’s time to step into the ring. Let the interrogation begin!

19. The Art of Interrogation • Interrogating a guilty or lying person is an art of manipulation and patience. • You have a toolbox of different tactics to use. Keep trying until you find the right one. • Practice makes perfect. Learn what works for you. What works best for some may never work for others. • Always keep professionalism a priority. Never say something you wouldn’t want a courtroom full of people to hear!

20. Change the tone • Now it is your turn to talk. Put your pen down and focus solely on the subject. You are in control and will explain why he needs to take your advice and cut the crap. • You have him locked into a story at this point and can use all those statements he made in the interview phase against him.

21. So how do I do this?

22. 1. Get comfortable being blunt and assertive with people. You HAVE to be able to tell someone you think they are lying and why you think they are lying. 2. After you tell them why you think they are lying, explain that ANY reasonable person would look at this situation and think they were lying. 3. Tell them they have an opportunity to tell you what’s really going on so that they don’t look foolish later.

23. Most interrogation techniques are based on minimizing the seriousness of the accusation. Convince the subject it is understandable why she did it. • “It’s not like you were absent for half of the meetings: you only missed 3 or 4, right?” • “You were put in a really bad situation. I can understand why you felt like you had no other choice.” • “It’s not like you held a gun to his head; you guys just got in a scuffle in the break room.” • “This is really no big deal. I see this type of thing all of the time.”

24. Guilty people need an excuse to admit their guilt. • It is hard to admit you are a thief. It may be easier to blame your actions on something else. We are going to provide excuses for the subject to latch on to so it is easier for him to admit wrongdoing. • “You are trying to support your family?” • “You did it because someone else told you to?” • “You had the intention of paying it back all along?” • “You got in way over your head and got scared?”

25. Keep offering excuses and minimizing the offense until they respond. When you think that the subject is responding to a certain excuse as to why they did it, stick with that theme. • Watch for body language to change. Lowering the head or display of emotion are strong indicators that you are making progress. • Give them opportunity to confess or change their story. • Finally, give them opportunity to apologize or recognize their guilt. “You had to have known it was wrong, didn’t you?”

27. By the way….. • Never interrogate children. They are easily swayed and are naturally agreeable to leading questions. Statements children make under pressure can be unreliable. • Documentation is always a great idea. Write direct quotes when typing your summary.

28. Det. Heather Baltz Metro Nashville Police Department Sex Crimes Unit Heather.Baltz@nashville.gov