Nathan J Gordon, William L Fleisher

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by Effective Interviewing


  A: Eh . . . kind of resentful I have to take it and pay when I am living in a shelter and on a fixed income.

  Score: 0 Negative response.

  Q: Write in detail what your case was about and how you would explain it.

  A: I was living in a house on the 2600 block of Livingston Street where I was having problems with

  my landlord. My friend John offered to allow me to live at his house in a room in the 2nd floor back.

  Once I moved in he started to move others in where it wound up being 17 adults and children. It was

  200

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  a crazy house and a lot of drugs were being sold there. Also while I was there John’s girlfriend’s daughter

  (Maddie) xxx had been sexually harassed by some of John’s friends, while I was there and I had to inter

  vene. Nothing was done about this by John or his girlfriend. Also during this time John asked if I could

  help him and the family with learning how to use their computer. I had my computer in my room and

  they had theirs in Maddie’s room. One day when I was on my computer and a seventeen year old girl

  IM’ed me. I didn’t want to speak to her as she was too young. Maddie (16) and John’s son Ray (17) were

  in the room watching T.V. so I put them online with her. After about 15 20 mins. I made them get off as I

  had to go to work. The girl and Maddie became friends and spoke for a few weeks before Maddie asked

  me if I could lighten a couple of pictures she wanted to send the girl. I didn’t think anything and said sure send them to my email. Their whole family had my email but I think I might have told her it again I’m not

  sure since it’s so long ago. Once I down loaded the picture and saw what the were I got scared and pissed

  at the same time. One was of Maddie half naked from the waist up from the side and the other was of her

  from the back looking back. When I asked her why she trusted me xxx to not say anything. I refused to

  lighten them and she threatened to tell John and her mom that her and I were having sex. I deleted the

  photos from computer and tried to get set up to move. I the mean time Maddie told her cousin we were

  having sex. Her cousin told John and Maddie’s mom and I got thrown out of the house. They kept all

  my property and gave the computer to the police.

  Score: þ1 Allows for the construction of relevant questions.

  Q: If you had been the investigator how would you have conducted the investigation?

  A: First, I would have questioned John a little bit better.

  Score: þ1 Gives viable suggestion.

  Q: What are the five most important reasons this situation occurred?

  A: Five reasons? First, is my stupidity, but most is the SUV Police not questioning John properly.

  Score: 0 Fails to give five reasons.

  Q: Did you ever think about doing something like this?

  A: . . . Particularly underage? No.

  Score: –1 Response latency and possible coding.

  Q: Did you have sexual intercourse with Maddie?

  A: No. She wanted to though, so did her mom. She would jump on my lap and stuff.

  Score: 0 The shortest answer is the best answer.

  Q: Why did she say this if it wasn’t true?

  A: . . . Eh . . . I tried to figure that out. She had a lot of problems. I think a lot had to do her mom told me her father molested her from the age of 8 to 14, and she told me too. I gave her mom the book, “Why Me?”

  She’s really gay; she likes girls.

  Q: If someone did do what she said, what do you think should happen to them?

  A: I don’t know. I don’t think it’s right.

  Score: –1 Fails to suggest harsh punishment.

  Q: If it was their first offense, do you think they should get a second chance?

  A: It’s hard for me to say because my grand dad and grand mom were separated in age pretty far.

  CASE STUDY 5

  201

  Score: 2 Does not answer the question.

  Q: How do you think the investigation will turn out today concerning whether you had intercourse with

  Maddie?

  A: I don’t know.

  Score: –1 We expect a truthful person to anticipate a positive outcome.

  Q: Why do you think people do things like this sometimes?

  A: I don’t know.

  Score: þ1 Truthful people often cannot comprehend why people commit crimes.

  Q: If you were the interviewer today, and could have only asked three questions to resolve this case,

  what would you have asked?

  A: . . . (Whispers to self, “What would I ask?”) . . . (hand to mouth) . . . Well, one is the basic question (clears throat) “Did you have sex with her?” (clears throat). Beyond that I don’t know.

  Score: 0 Nonverbal and paralinguistic behaviors cancel verbal answer.

  This suspect’s FAINT score was a 4, indicative of deception. This suspect did confess to

  his crime.

  CASE STUDY 5

  In this case study a grandfather was accused and convicted of masturbating in front of

  his adolescent granddaughter. As a condition of probation, he was required to undergo

  psychosexual group therapy treatment. Upon arriving at the therapy session, he maintained

  that he had been wrongfully convicted and did not need sexual therapy. This FAINT Inter-

  view was the pre-test portion of the polygraph examination he was then asked to take to

  determine if in fact he was innocent of his crime of conviction.

  Q: Where do you work?

  A: Retired.

  Q: What did you do?

  A: Men’s clothing sales for twenty eight years.

  Q: How did you like it?

  A: I loved it. I enjoy working with people.

  Q: What is this polygraph test about?

  A: . . . This is for the purpose from what I understand of the doctor finding out if I’m telling the truth.

  Q: How do you feel about taking the test?

  A: I’m not real excited about it. I don’t feel it’s necessary, and the cost.

  Q: Write in detail what this whole thing is about and how you would explain it.

  A: Charges made by granddaughter while allegedly under influence of drugs All charges later rescinded

  by granddaughter but not accepted by Court. After numerous discussions with attorney, prosecution agreed

  to dismiss all charges as long as one kept. Final outcome

  admitting in Court to masturbating in front of

  granddaughter (age about 14 15) and final charge was endangering a juvenile female.

  364 days house

  arrest, plus 4 more years probation, examination by psychologist, $30.00 “Violent Crime Charge.”

  Dismissed charges:

  Attempted rape with “hunter” knife. Numerous similar charges along same lines. Masturbation. Feeling

  of private parts.

  202

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  Agreed to admit to single masturbation charge to avoid jury trial. At the time I was not made aware of

  future actions if convicted (no voting, etc.) This was all explained after trial was over.

  Classified under Megan Law as Tier II

  No Notification necessary. I am properly registered with the

  local police department. I am permitted full travel within the state overnight elsewhere

  Longer out of state

  with approved travel pass issued by probation officer.

  Original charge made by granddaughter after I hollered at her to have her boyfriend fix a bad muffler on

  his truck. Granddaughter subsequently raped at least 3 times while under 18 by the same boyfriend who she

  h
as recently allegedly married. Results of 3 rapes

  one abortion

  paid for by boyfriend. One son

  now

  around 5 6 where grand parents have never seen. One daughter

  now about 3

  we have seen her but

  not allowed by her parents to visit. Don’t grand parents have rights?

  Granddaughter smokes, does drugs, frequent absence from school, totally irreligious. At one time was

  “proud” to have it known that boys had to get a number and get in line. Definitely not considered by grand par ents to be a fit mother. Grand parents never told if granddaughter graduated from high school but very doubtful.

  Q: Did you ever think about doing something like this?

  A: Doing something? . . . No. I don’t have desires for anyone else. (Shifts in chair)

  Q: Did you ever sexually touch your granddaughter?

  A: No.

  Q: Did you ever masturbate in front of her?

  A: (Touches nose) No.

  Q: Why did she say these things?

  A: She was mad at me for hollering at her.

  Q: If a person did do this to their granddaughter, what do you think should happen to them?

  A: I don’t understand the question.

  Q: If a person did do this to their granddaughter, what do you think should happen to them?

  A: It’s not proper. It’s against my religion. I can’t say from a legal term what should happen.

  Q: Do you think they should get a second chance?

  A: . . . I don’t know how to answer that. The second chance gives him the opportunity to do it again, but

  I’ve always believed in a second chance, but I don’t know how to answer the question either. If it were my

  daughter I’d say no second chance. No way.

  Q: How do you think your polygraph examination will come out today?

  A: I have no idea. I’d like to think it will come out favorable. I have no way of knowing if the results will be changed in any way before they get to the doctor.

  Q: You know with President Clinton’s problem, Monica came up with semen stains on a dress way after

  it happened. Would there be any reason your granddaughter has semen stains on clothing that can be DNA

  tested to you?

  A: I shouldn’t think so.

  Q: Why do you think some people do these things to children?

  A: What? Have sexual encounters? I don’t know. I can’t speak for other people.

  Q: Do you think something actually happened to your granddaughter, or is this whole thing made up?

  A: I think the whole business is a result of her wanting to get even with me for hollering at her. She was at one time my birthday girl. She and I shared the same birthday till she was seven or nine. Somewhere in there and then she left me the impression she was too good to be with grand pop. She was one of my favorites.

  Q: Do you think anything actually happened to her?

  A: Like what, sir? Not with me. I don’t know about encounters in school.

  Q: If you were the polygraph examiner and could only ask three questions in this test to resolve the issue,

  what would you ask?

  A: Did I ever have intercourse with my granddaughter? Did I ever force my granddaughter to have sex?

  I don’t know what else to ask myself, sir.

  Analysis of Case Study 5

  Q: Where do you work?

  A: Retired.

  CASE STUDY 5

  203

  Q: What did you do?

  A: Men’s clothing sales for twenty eight years.

  Q: How did you like it?

  A: I loved it. I enjoy working with people.

  Note: Not scoreable because this is not an employee case.

  Q: What is this polygraph test about?

  A: . . . This is for the purpose from what I understand of the doctor finding out if I’m telling the truth.

  Score: 2 Does not allow for construction of a relevant question.

  Q: How do you feel about taking the test?

  A: I’m not real excited about it. I don’t feel it’s necessary, and the cost.

  Score: 0 We would expect someone falsely accused and convicted of a crime to wel-

  come the opportunity to finally prove his innocence.

  Q: Write in detail what this whole thing is about and how you would explain it.

  A: Charges made by (X) granddaughter while allegedly under influence of drugs All charges later rescinded

  by (X) granddaughter but not accepted by Court. After numerous discussions with (X) attorney, prosecution

  agreed to dismiss all charges as long as one kept. Final outcome (X) admitting in Court to masturbating in front of (X) granddaughter (age about 14 15) and final charge was endangering a juvenile female.

  364 days house

  arrest, plus 4 more years probation, examination by psychologist, $30.00 “Violent Crime Charge.”

  Dismissed charges:

  Attempted rape with “hunter” knife. Numerous similar charges along same lines. Masturbation. Feeling

  of private parts.

  (X) Agreed to admit to single masturbation charge to avoid jury trial. At the time I was not made aware

  of future actions if convicted (no voting, etc.) This was all explained after trial was over.

  Classified under Megan Law as Tier II

  No Notification necessary. I am properly registered with the

  local police department. I am permitted full travel within the state overnight elsewhere

  Longer out of state

  with approved travel pass issued by probation officer.

  Original charge made by granddaughter after I hollered at her to have her boyfriend fix a bad muffler on

  his truck. (X) Granddaughter subsequently raped at least 3 times while under 18 by the same boyfriend who

  she has recently allegedly married. Results of 3 rapes

  one abortion

  paid for by (X) boyfriend. One son

  now around 5 6 where grand parents have never seen. One daughter

  now about 3

  we have seen her but

  not allowed by her parents to visit. Don’t (X) grandparents have rights?

  (X) Granddaughter smokes, does drugs, frequent absence from school, totally irreligious. At one time (X)

  was “proud” to have it known that boys had to get a number and get in line. Definitely not considered by

  (X) grandparents to be a fit mother. (X) Grandparents never told if (X) granddaughter graduated from high

  school but very doubtful.

  Score: 2 Numerous missing pronouns (X) indicative of a lack of commitment to what

  he wrote, and very little information concerning the events that led to the charges.

  Q: Did you ever think about doing something like this?

  A: Doing something? . . . No. I don’t have desires for anyone else. (Shifts in chair)

  Score: –1 Repeats question to “buy time,” and describes the act of molesting his grand-

  daughter as not having desires for anyone else.

  204

  11. THE VALIDATION OF THE FORENSIC ASSESSMENT INTERVIEW (FAINT)

  Q: Did you ever sexually touch your granddaughter?

  A: No.

  Score: þ1 No hesitation or adaptors.

  Q: Did you ever masturbate in front of her?

  A: (Touches nose) No.

  Score: 0 Nonverbal adaptor cancels verbal response.

  Q: Why did she say these things?

  A: She was mad at me for hollering at her.

  Q: If a person did do this to their granddaughter, what do you think should happen to them?

  A: I don’t understand the question.

  Q: If a person did do this to their granddaughter, what do you think should happen to them?

  A: It’s not proper. It’s against my religion. I can’t say from a legal term what should happen.

  Sc
ore: –1 Repeated the question to “buy time” and then gave a weak response.

  Q: Do you think they should get a second chance?

  A: . . . I don’t know how to answer that. The second chance gives him the opportunity to do it again, but

  I’ve always believed in a second chance, but I don’t know how to answer the question either. If it were my

  daughter I’d say no second chance. No way.

  Score: –1 Believes everyone should get a second chance.

  Q: How do you think your polygraph examination will come out today?

  A: I have no idea. I’d like to think it will come out favorable. I have no way of knowing if the results will be changed in any way before they get to the doctor.

  Score: –1 Negative answer and suggests that the result may be falsified by the

  examiner.

  Q: You know with President Clinton’s problem, Monica came up with semen stains on a dress way after

  it happened. Would there be any reason your granddaughter has semen stains on clothing that can be DNA

  tested to you?

  A: I shouldn’t think so.

  Score: –1 Hedges.

  Q: Why do you think some people do these things to children?

  A: What? Have sexual encounters? I don’t know. I can’t speak for other people.

  Score: 0 Describes child molestation as a “sexual encounter.”

  Q: Do you think something actually happened to your granddaughter, or is this whole thing made up?

  A: I think the whole business is a result of her wanting to get even with me for hollering at her. She was at one time my birthday girl. She and I shared the same birthday till she was seven or nine. Somewhere in there and then she left me the impression she was too good to be with grand pop. She was one of my favorites.

  CASE STUDY 6

  205

  Score: 0 Describes possible “grooming” behaviors.

  Q: Do you think anything actually happened to her?

  A: Like what, sir? Not with me. I don’t know about encounters in school.

  Q: If you were the polygraph examiner and could only ask three questions in this test to resolve the issue,

  what would you ask?

  A: Did I ever have intercourse with my granddaughter? Did I ever force my granddaughter to have sex?

  I don’t know what else to ask myself, sir.

  Score: –1 Never asks the question dealing with what he was convicted of, “Did you

  masturbate in front of your granddaughter?”

 

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