Edward N. Bell, a Black Jamaican national, was convicted by an all-white small-town Virginia jury in 2001 in the shooting death of a popular police officer, Ricky Timbrook. You can learn more about his case at www.clemency4Eddie.net or by reading local coverage of the case by the Northern Virginia Daily.
Eddie has completed his appeals and is facing execution on February 19, 2009. We are petitioning Governor Tim Kaine (Virginia) for clemency. I am publishing a series of diaries about various aspects of his case. We have very strong arguments regarding the severely deficient performance of his trial counsel and Virginia’s refusal to acknowledge his mental retardation. For a more detailed look at these claims, I invite you to read our Clemency Brief.
At the bottom of this diary I will provide Action options -- links to an Online Petition, and Amnesty International. Today’s diary will focus on the perjured testimony that was used to convict Eddie.
There are serious reasons to question Bell’s guilt. From the first moment of his arrest to now, Bell has denied shooting Officer Timbrook. Several powerful pieces of evidence support Bell’s denial. For example, Officer Bower saw a shooter dressed in all black, but Bell’s jacket has reflective stripes which lit up "like a Christmas tree." Witnesses and forensic evidence demonstrates the presence of at least one other person in the area attempting to evade police detection. Especially when combined with Officer Bower’s description of the shooter—a description that did not match Bell—this evidence raises doubts about guilt that should warrant the exercise of executive clemency. Additionally, the murder weapon, not located by an initial, extensive and systematic search (conducted by dozens of officers by hand, as well as with support of canine units and metal detectors for over 12 hours) of the secured area immediately following the shooting, suspiciously surfaced in the exact spot previously searched—after the crime scene was left unsecured. Finally, a key prosecution witness has now recanted his claim that Bell confessed to him in jail. These issues are explored in greater detail in our Clemency Brief. This diary will focus on the perjured testimony that was used to convict Bell, and the Reid method of interrogation.
Several of the witnesses in Bell’s trial have told our investigators that they were coerced into testifying. Justin Jones, a drug addict who claimed at trial that Eddie tried to sell him the gun used in the crime earlier that night, signed an affidavit stating that he knew nothing about the incident or the gun, and that he had been coerced into testifying. Justin Jones girlfriend, Rachel, also testified at trial to corroborate Justin’s story that Eddie tried to sell him the pearl-handled gun. Justin revealed to our investigators that she also lied – and that the police pressured her by threatening to mess with her custody of her children. Terry Lee Johnson, an inmate who had been incarcerated in the same jail as Eddie testified at trial that Eddie confessed to the murder. He has since confessed to our investigators that he lied – that he knew nothing about the case before police "educated" him, and that Eddie did not confess to him.
Through the course of our investigation, our investigators have reported that many other individuals who refused to lie to the police have told them that they were subject to intense pressure to testify that they tried to sell Eddie the gun, or had seen Eddie with the pearl-handled gun.
I have to admit that I was very skeptical of these claims – it’s hard to believe that the police would shop around for false testimony. But then I attended a CLE and was introduced to the Reid Method of Interrogation.
The Reid Method is "the standard used in the field." It’s the method used by police nationwide. The Reid Method is set out in the Criminal Interrogation and Confessions textbook. All of the following quotes come from the 4th edition.
There are several interesting elements of the Reid Method.
- The interrogator lies. Lying is not a misuse of the method. Lying is an important tool. The intro to the textbook, page Xii says "We are opposed, therefore, to the use of force, threats of force, or promises of leniency. We do approve, however, of psychological tactics and techniques that may involve trickery and deceit; they are not only helpful but frequently indispensable in order to secure incriminating information from the guilty or to obtain investigative leads from otherwise uncooperative witnesses or informants."
- The interrogator tells the suspect that they already know whatever it is they want to hear. That’s right, the interrogator tells the suspect or informant what the interrogator wants them to say. "An interrogation is accusatory. Deceptive suspects are not likely to offer admissions against self-interest unless they are convinced that the investigator is certain of their guilt. Therefore, an accusatory statement such as, ‘Joe, there is absolutely no doubt that you were the person who started this fire,’ is necessary to display this level of confidence." (Reid, p.7) To be fair, the interrogator is supposed to let the suspect fill in the details, which is supposed to verify the truthfulness of the confession. But the interrogator lies about "knowing" the main goal of the interrogation.
- The Reid method gives the informant or suspect information. The textbook notes on page 8 that "In an effort to persuade the suspect to tell the truth, the investigator will use tactics that make statements rather than ask questions. These tactics will also dominate the conversation; for someone to be persuaded to tell the truth that person must first be willing to listen to the investigator’s statements."
- The interrogator is encouraged to use props, like say a file full of paper, to convince the suspect/informant that the police already know whatever it is they are seeking. And really, this is just your opportunity to come clean. The interrogator also assures the informant that they've already to talked to lots of other people, and already know X.
Suddenly the witnesses’ claims that the police told them "We know you sold Eddie the gun" does not sound unlikely. In fact, it begins to sound very likely indeed.
You can see how this creates an atmosphere in which informants feel intense pressure to tell the police what they want to hear, regardless of its truth. And once you’ve told the police something, its very hard to stop the ball from continuing to roll right to the witness stand.
- Informants who truly know nothing are given information through the statements the police make. "We know you sold Eddie the gun" makes it clear that they want you to tell them you sold Eddie the gun. It’s no surprise that some informants took the lesser approach of "I saw Eddie with the gun."
- Witnesses who are vulnerable – say who have drug problems, and hence could be facing criminal charges – will feel intense pressure to give the police what they want.
- Unscrupulous informants will exploit this – will use this to bargain with police officers to reduce their sentences. The jail house snitch is thus given the info he needs to make the deal he needs to reduce his own punishment.
Recanting witnesses is a frequent factor in death penalty appeals. Take a close look at this video by State Radio on the Troy Davis case. Notice what the recanting witnesses are saying.
Does that not sound like the Reid Method?
The Reid Method textbook itself warns "When an initial investigator becomes emotionally involved in solving a case, it is not uncommon for him or her to lose the perspective of a truth-seeker and assume the adversarial role of a prosecutor, attempting to "build a case" against the person he believes responsible for the crime." (Reid p. 17) Several of the witnesses we interviewed told us that the prosecutor was present in the room when they were being interrogated or interviewed. Remember that this case involves a popular cop being murdered on the job in a small town. Do you think some of the investigating officers may have crossed the line? Knowingly or unknowingly?
Terry Lee Johnson’s testimony about Eddie’s alleged confession is rife with inaccuracies. He says Bell told Johnson he was "in the house" selling coke – all other witnesses say Bell was outside in an alley. Johnson says that Bell went out the back door, and was immediately approached by Timbrook. All other witnesses, including the police officers who testified, say Timbrook pulled up to the house, jumped out of the car when he say someone in the yard, and they say Eddie start running from the alley. Johnson is unable to give details about the shooting, he just testifies "whatever happened he shot the dude." Johnson testifies that Bell told him Bell changed his clothes in the basement Bell hid in, but this is also untrue. Bell was arrested in the same clothes he was seen running in, no change of clothes was found in the basement he broke into. These inaccuracies should have alerted the interrogator that Terry Lee Johnson was lying. Instead they placed him on the stand and let him lie to the jury.
In the course of our investigations, Eddie’s habeas team has tried to seek corroboration. Virginia has thwarted us at every turn. Our request for Eddie’s cell phone records to establish that he was in West Virginia at the race track at 9:00pm, (the time at which Justin Jones falsely placed him on the street trying to sell Justin the gun) was refused. Our efforts to corroborate parts of Terry Lee Johnson’s affidavits, where he says that he was interviewed by police in the presence of a recording device, and that he was offered many incentives to testify, have also been thwarted. All requests for discovery have been denied, and discovery has been sought from the state courts of Virginia and the federal courts. Our requests to interview police officers who were said to have been present have also been denied. The Commonwealth of Virginia is completely uninterested in letting us find the truth.
Terry Lee Johnson’s testimony was necessary to convict Eddie Bell. The case was very circumstantial, and the jury likely needed the solidity of a confession. If not for the guilt/innocence phase, then certainly before they imposed the death penalty. Don’t let Eddie Bell be executed on perjured testimony. Please sign our Online Petition supporting clemency for Eddie.
ACTION ITEMS
Please sign the online petition urging Gov. Kaine to grant clemency to Eddie Bell. Amnesty International also has a letter writing campaign – please consider also sending a letter or email on Bell’s behalf.
Thank you for your attention.