HDI Investigation and Executive Protection Service

The Art of Confession by Reciprocity: Part III

Written By: Charles Williams, Retired FBI Special Agent, President & CEO of HDI Investigation & Executive Protection Service, Inc

What could I possibly give Him?

With respect to "Bad Guys", some are horrible and incorrigible and others are innocent. Most are into crime to short-cut responsibilities, are opportunists, lazy, guided by peer pressure or just misguided. Deep down on the inside - some deeper than others - there is a need:

To reclaim their dignity and pride
To rid themselves of guilt
To be perceived as worthy
To be called a human being
To be recognized as a stand up man
To do the right thing
To be received as a person of worth
To have peace
To do something good for a change
To be understood
To be allowed to cry
To be allowed to make a mistake
To be perceived as something other than a monster
To go down standing up

These are just a few of the needs people have - including criminals. These intangibles, when packaged correctly, work to modify behavior so a mutual exchange can take place which results in your ability to obtain a confession. Give a man his dignity, and he will prove himself worthy of your efforts, by giving you something of worth in return. In such an exchange, you are letting him know that the act he committed was wrong, but that you also understand that it is not your place to judge him. Dignity is an intangible you can give when you perceive their need to feel whole. You fill a void in their lives. I have done it hundreds and hundreds of times, very successfully.

A Case Study: Jesse's Confession

Let's get back to the confession of a killer and further down the road to answering that new agents' questions as we continue to develop a system to gain information when it seems you have nothing tangible to give.

Base of Knowledge (BOK)

The BOK is the sum total of what I knew about the subject before personally meeting him or her. The BOK is the first step in forming relationship; finding out what he needs; and deploying the strategy and tactics to get it for him.

Key Elements of My BOK:

1. I knew Jesse was present when the murder took place and was possibly involved in the murder.

2. I knew the murder victim was stabbed over 60 times and her head was nearly severed off in the process. It was a violent killing.

3. I knew that Jesse had fled the country, which I learned from another source using the art of reciprocity.

4. I knew that both Jesse and Gomez were involved in the murder.

5. I "felt" that Gomez was the dominant of the two.

6. Jesse's countenance, as depicted in the photo, was inconsistent with the crime he was alleged to be involved in.

Meeting the Subject in Person:

1. Your focus when you first meet the subject is not to get him to tell you something.

2. Your focus should be on acquiring more information so that you can add to your BOK on the subject.

3. However, the information you are looking for is more personal and there are steps to getting this information:

a. Focus on building a relationship.

b. Be sincere. Have compassion. Desire to move the individual to a new level. Hate the crime- not the person.

c. Look for the "Key Indicators" that tell you who the subject really is.

Key Indicators:

1. Mannerisms: Indicated he was "unsure of himself" and would be subject to a more dominant personality.

2. Posture & Attitude: Told me he was not aggressive at all and not very assertive.

3. Countenance: Told he was really a misguided, but nice kid. He was not a tough guy at all.

4. Interpersonal Skills: Told me that I could talk to him and that he was used to talking and expressing himself.

5. Conversation: Told me he was a kid with no direction, just kind of hanging out and looking for good time. But it also told me that he cared about people.

6. Laughter & Smile: Supported that he was basically an easy-going personality.

7. My Feelings: Told me that he regretted what happened and was ashamed to have been a part of it and that he didn't know what to do…..except run.

8. His Feelings: Told me that this kid wanted to spill his guts. I just had to make it easy for him to do it.

Penultimate Base of Knowledge (PBOK)

Now during the time I was building this relationship, I was assessing all of the key indicators mentioned above. I took this information and added it to my BOK which set the stage for the "Penultimate BOK" which is the sum total of all the relevant knowledge you have on the subject before you give him what he needs and you ask for what you want. The penultimate BOK is your last step before you take off. Now this entire process may take five minutes or it may take much longer. It all depends on the situation and the people involved.

Tactics deployed to move Jesse into a Reciprocal Relationship (RR)

1. Based on key indicator, observation, listening and my BOK, I could surmise that he wanted to tell me what happened. I could feel that he wanted to get it off of his chest.

2. All I had to do was guide him and give him a worthy receptacle in which he could deposit all of the pain and guilt he had been carrying since the murder.

3. One of the key indicators stated that he regretted his involvement in the murder but I felt he was also ashamed of it. People who are ashamed of something do not want to talk about it because it brings it out in the open and they do not want to face that painful feeling. The word shame is defined as "a painful feeling of having lost the respect of others because of the improper behavior or incompetence, etc. of oneself or another." I had to reduce his shame by reducing his culpability to a level where he could begin to talk about it. You have to be careful and not rid him of it because it is the pain of the shame that compels him to seek relief. His relief must be packaged in the form of an exchange for his confession.

4. I told him:

"Jesse, I looked at your photograph when the case was first assigned to me and I said to myself, "This guy in the photograph could not have done what they said he did". Jesse, I know you did not wake up that morning telling yourself to do something bad to somebody that day. You are young. You're handsome and intelligent. You wouldn't have done something like this intentionally. You are not a bad kid. Jesse, whatever happened in that apartment was not your fault. You had no intention of harming anybody. It is obvious that things got out of hand and this thing happened. You didn't plan it. It was not your intention. You were there in the apartment just to have a good time. You knew the woman and you had no plans to hurt her. You did not start it. You did not mean for it to happen. But it happened and now we have to deal with it. But I will tell you what Jesse, you are not in this by yourself". I said, "Jesse, I can look at you and tell you have not had a good night's sleep since this thing happened. I am going to do you a big favor because I know there's another story behind this. I know there is the true story of what happened that night and I am going do you a favor and let you tell me what happened that night and we will set the record straight." Lastly, I said, "Jesse, you have a chance to begin to right the wrong that was done to this young lady and her family.

5. While I was making those series of statements to Jesse I could actually see each statement clearing away the obstacles to his confession. However, when I made the statement that I could tell that he had not had a good night's sleep since it happened, I could see all the pain and anguish that he had been carrying as his body, mind and spirit begin to let go of it. Right then, he made the decision to talk because he had to tell someone. It was all bottled up inside of him and he could not sleep with it. But he had no one to tell. He had no one who he believed would understand and not see him as a monster and a murderer. Everything I did and said to him showed him that I understood. I was giving him back his dignity. I was giving him a way to rid himself of some of the shame and to place him on the road to restoration and to accept responsibility for his actions without condemning him for what he did.

6. Notice how I never mentioned the word murder when I spoke to him. Nor did I mention that she had been stabbed repeatedly. I openly diminished his responsibility in the planning and carrying out of the murder. I did not raise my voice or call him any names. It wasn't necessary because I felt and knew that he was already in pain. I did not even tell him to tell me what happened. I did not put the blame on his cousin, because I did not want him to think I was attacking his cousin. The attack on his cousin would come much later in our discussion. I ultimately gave him a choice: He could begin to rebuild his dignity which was what I was offering or he could stay a monster.

You see, there are phases to any investigative interview and phases to the confession, just like there are phases in relationship building. Think of dating. There are certain things you do early on and other things you do as the relationship builds. The phases to the confession are:

1. You meet.

2. You began to build the relationship using the tactics described earlier in this article.

3. You determine what the subject needs and how to package it.

4. The subject accepts the intangible and the mutual exchange begins.

5. The subject begins to confess and you do not want to stop him.

6. Even if it sounds like he is not being totally candid, let him finish.

7. You let him finish because once he has finished he has committed all the way and you can now add to your BOK and develop a new PBOK.

8. Now is when your interview and investigative skills come into play.

9. Your focus moves a subtly from relationship building and empathy to acquiring details around what he has given you.

10. Review his story and ask the detailed questions.

11. Give him a second opportunity to put it all on the table.

12. My ace in the hole and lead off question after any confession or intent to cooperate is: "Now what happened and what did you do? If you are going to give it up, you might as well give it all up".

13. The confession must match up with the BOK and other rules governing his situational sphere.

Summary:

Jesse, as tears ran down his cheeks, gave me a full confession. That's another story. The Art of Reciprocity engagement in the investigative field works. It worked during my 26-year career with the FBI and my I continue to close cases using it. Remember, reciprocity requires patience and necessitates a break from the traditional idea of what an interview & interrogation should be. The system of reciprocity brings powerful forces to the table and puts them in the hands of the investigator. It is about building relationships in the interview room or on the street and GETTING RESULTS. It requires flexibility, feeling and empathy and cannot work through a rigid interview process. The Art of Reciprocity not only gives you a new strategy and lots of options, but is also gives you the tactics you need to make it work for you. The Art of Reciprocity will make the good interview better and helps equip new (and seasoned) investigators get off to a great start. It works for me. I hope it works for you.

Good Luck to all!