Guest Author
Florida is a national leader on smart, innovative criminal justice reforms. The Legislature should keep building on the momentum by requiring a commonsense best practice for law enforcement investigations – the recording of all police interrogations of suspects.
Recording suspect interrogations is already required by federal law enforcement agencies in many instances and in 24 states, including California, Texas and New York. However, if a Floridian is arrested and brought into an interrogation room, the individual agency and officer decide whether to record. When some or all of this critical interaction is not captured on tape, individual liberties and the ability to prosecute serious crimes are put at risk.
Anthony Caravella spent 26 years in prison for a rape and murder in Broward County that DNA later proved he did not commit. An intellectually disabled teenager at the time, he falsely confessed after enduring five days of physical and mental abuse by detectives. Only his confession was recorded, so the judge and jury did not see the coercive questioning that preceded it.
Caravella is one of eight Floridians who were wrongfully convicted based on false confessions since 1989. Not only did the innocent lose their freedom, but taxpayers were left to cover $38 million in civil awards and settlements in these cases.
Last year, Clarens Desrouleaux was exonerated of burglary in Biscayne Park. In 2013, officers claimed that he confessed during an unrecorded interrogation. Mr. Desrouleaux spent four years in prison, lost his green card and was deported to Haiti. In November 2018, the Biscayne Park police chief and three officers were convicted of falsifying arrests to boost the department’s crime-solving record.
In the 21st century, jurors have come to expect police to record interrogations, and the Florida Legislature has an opportunity reflect that growing consensus.
Sen. Jeff Brandes of Tampa has introduced legislation to require recording of interrogations. A broad coalition of supporters includes the Florida Sheriffs Association, Miami-Dade County Attorney’s Office, Americans for Prosperity Florida, Florida Association of Counties, Innocence Project of Florida, Florida Public Defenders Association, ACLU Florida, Southern Poverty Law Center and the Florida Smart Justice Alliance.
The Senate Criminal Justice and Judiciary committees have already approved the bill without a dissenting vote. As the end of the legislative session approaches, we encourage you to contact your state senator and representative and ask them to support Brandes’ measure. When it comes to questions of liberty and public safety, we can protect both by ensuring suspect interrogations are recorded.
Seth Miller is executive director of the Innocence Project of Florida. Skylar Zander is state director of Americans for Prosperity-Florida.
