Closing argument on recorded confessionAfter this line of questioning, the defense attorney can bring up the following points in closing argument:
- Before the police began to work on him, the defendant insisted he was innocent.
- The police did not accept that and began to work on him.
- Here are the techniques the police used to break down his will.
- The police already knew how the crime was committed (list each fact they knew).
- The police, as you saw on the tape, fed the defendant the facts they already knew and got him to agree with them.
- The defendant did not agree because those facts were true, but because after so many hours, the defendant realized that it was the only way to stop the interrogation and get the police off his back.
- The police could have chosen to record the entire interrogation to let you judge, but they did not want you to see the defendant’s insistence on his innocence and the techniques they used to break him down.
- Therefore, this so-called confession is just the police story, put into the defendant’s mouth. You cannot trust it or what the police did or told you about what they did.