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tv   Dateline Extra  MSNBC  August 6, 2016 5:00pm-6:01pm PDT

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>> that's all for this edition of "dateline" extra. i'm tamron hall. thanks for watching. we, the jury, find the defendant guilty -- >> we actually think they read the wrong verdict. >> you feel so alone and hopeless. >> it's like a shot in the chest. >> despair to hope. darkness to light. a fight for freedom. >> what happened to this teenager could happen to any one of our children. everyone should stand up and take notice. >> at 18, he was arrested for murder. adamant he was innocent. >> there was no physical
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evidence to tie him to the crime. >> i had nothing to do with this. i swear to god. >> so what could have possibly led to this? >> you stabbed that woman. >> i stabbed her. >> you stabbed her, didn't you? >> why would he confess to something that he didn't do? >> why would he? what really happened during that police interrogation? >> i can't lie to you about the evidence. >> but the officer is lying about lying. >> an extraordinary look inside the interview room. >> i was scared. i was shaking. >> this is one of the most intense interrogations that i've ever seen. >> welcome to "dateline" extra. i'm tamron hall. how could you confess to a crime that you didn't commit? it seems to defy logic and common sense, and yet it does happen. advocates say far more often than any of us realize. here's keith morrison with "the
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interrogation." >> a freak snowstorm, like an omen, smothered the little town in the blue ridge mountains. february 19th, 2003, just before 9:00 a.m., winter or no, virginia was unused to this. and the white blanket, fire alarm. now the snowstorm was the last thing on fire chief preston gentry's mind. >> the tone went off for the fire. occupant possibly trapped inside. that ramps everything up to full force. >> the alarm was on a quiet street lined with starter homes. >> there were a lot of kids in that neighborhood. so, you know, you're running a lot of things in your mind when you go in there. who are the occupants that you're going to have to rescue. >> the fire trucks raced to the home of a recently separated woman named ann charles and her three children.
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thick black smoke poured from the second story eaves. part of the roof had already burned away. >> we were concentrating on getting up the steps and getting into the rooms that we were pretty sure we had victims. >> neighbors crowded in behind police barricades. one of them was an 18-year-old who lived up the street with a single mom. a little immature for his age. he had strep throat that morning, was taking antibiotics. but nothing could keep him from this. his name was robert davis. >> everybody goes down and starts watching. >> was the fire department there by then? >> yes, the fire department was there by then. we watched for about five minutes. and then one of the fire department people asked us to a truck that was maybe a hundred yards, 200 yards away, and it felt good being able to help out, you know. >> carrie stood beside robert, lived next door, watched the fire, worried about the pretty young mother trapped in there.
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ann charles. >> she would come outside, play with the kids, and we would talk here and there. but she was a really nice person. >> then something good, adds two daughters, escaped unharmed from their downstairs bedrooms. but that left ann and little thomas just 3 years old unaccounted for. somewhere upstairs. >> we put the fire out. and then we started checking the bedrooms for occupants. >> nothing good after that. upstairs firemen found little thomas on the floor beneath the window, dead of smoke inhalation. chief gentry steeled himself for what might be next. he felt his way through debris and lingering smoke to ann's room. >> i crawled over to the bunk bed. and that's where we found a victim in the bunk bed. and that person was secured in the bunk bed, both hands and legs were secured.
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>> tied up? >> yeah, tied up. >> now, that put an entirely different complexion on things. this wasn't just a fire. so what did that tell you? >> right there, that keys up, this sa crime scene. so we basically extinguished the fire, left everything as is. >> and then forensic investigator larry took over. >> the thing that jumped out that was out of place, there was a five-gallon bucket sitting right in the middle of the living room floor with an empty bottle of rubbing alcohol. >> an empty bottle? >> it didn't look like it belonged there. >> upstairs scattered near ann's body, he found three aerosol cans. all of that liquid kindling for murder. >> there was a blob of melted plastic consistent with a smoke detector melted, laying on the floor. and then there was a battery, a
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9-volt battery that looks like it would go to a smoke detector in the sink. >> so somebody took it out of the smoke detector. >> that's what it appeared to be, somebody removed it. >> so cruel and deliberate. all the more shocking in a town where murder is exceedingly rare, said detective fred giles. >> that's not a common occurrence, a homicide. >> how did it hit you and members of the department? >> you have a victim, and you also have a child. the child, of course, that always touches you in a different way. because it's a 3-year-old child. >> these things do touch you personally, don't they? yeah. outside the curious onlookers were a beat behind. all they knew was that ann charles and her little boy were no more. >> it's just devastating. i was in shock. especially about that little boy. >> yeah. >> and still didn't know what had happened really. >> it wasn't long, though, watching the silent stern faces
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streaming in and out of that little house, that a person couldn't help but put two and two together. >> it was very scary. i think the whole neighborhood was scared. >> coming up, right there in that very neighborhood, police would find their suspects. >> they had recovered a knife. >> quick work from investigators. two suspects, two confessions. >> it was supposed to be routine. >> only those involved are going to know. >> were they telling the truth? when "dateline" extra continues. . only nicorette gum has patented dual-coated technology for great taste. plus nicorette gum gives you intense craving relief. and that helps put my craving in its place. that's why i only choose nicorette.
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ask your dermatologis discrt for bladder leaks a single mom and her little boy killed in a house fire. neighbors helpless to save them. but as investigators quickly discovered, this fire was no accident. evidence pointed to arson, and the murder of the young mother. as detectives search for
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suspects, the neighborhood's heart break turned to fear. who would want ann charles dead? and was the murderer still in their midst? here again is keith morrison with the interrogation. >> at first it was just a rumor that sped around the little town in february of 2003. pretty soon everybody knew it was true. it wasn't any ordinary fire robert davis witnessed out on cling lane. >> you hear about it in the middle of a grocery store, or the gas stations, or stuff like that. >> it was clear it was a murder? >> yes, sir. >> ann charles and her 3-year-old thomas were dead, horribly. the forensic man, larry, got a better look at it than anybody. >> this is probably one of the more hor rep douse cases i had worked in my career. >> larry couldn't give investigators much to go on. a few small footprints in the snow out back. but forget dna.
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any possibility of finding that was flushed away by fire hoses. >> and then i get word from the medical examiner's office that they had recovered a knife that was sticking in the woman's back. i went back to my photographs, and sure enough, in the middle of her back was the knife. >> so someone stabbed her. but who? firefighters tipped police that a brother/sister duo across the street, rocky and jessica fuguen, had been watching the fire, claimed to know the victims. they knew them as aggressive troublemakers at high school. >> people were afraid of them. if they come through the hallway, people would just move out of the way from them. >> kevin's friend, the shy and awkward robert, seemed to be a favorite target. >> they used to pick on him all the time. they called him retarded, fat, ugly, stupid. >> robert said he tried to ignore it. but they knew his
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vulnerabilities. >> i tried to keep my distance from them when i could, and stay cordial wherever i was in close proximity to each other. >> safer that way, said robert. in any case, the detectives paid a visit to their house. and brought them in for questioning. rocky admitted he was there. to rob the place. >> i was in the house. >> you were in the house? >> jessica was there first. >> detective phil giles interviewed jessica. >> she eventually acknowledged, she tried to say it was somebody else first. and then at some point put herself there. >> it was supposed to be routine. we go in, find her purse and take her money and leave. that's all that was supposed to happen. >> then rocky went way off script said jessica. tied ann to her bed with duct tape and turned it into murder.
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>> who set the place on fire? >> rocky. >> who cut ann's throat? >> rocky. >> who stabbed ann in the back? >> rocky. >> jessica told detective giles the murder weapons were a kitchen knife and a metal rod for bludgeoning which they stashed in a hole outside ann's house. >> we drove her out there, and we walked the entire path, until we got to the hole. she said right there. and lo and behold, we had evidence folks with us, reached in, discovered the two items that were there. >> what was that like? >> you know these are intimate details and only those involved would know where the instruments were. >> so that was that. they had their story and their culprits. except there was one more very significant detail offered up by both jessica and rocky. something the town's rumor mill failed to catch by the time kevin and robert went out for the evening a couple of days
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later. >> we went bowl, we went out to eat. just had a grand old time. >> by that time it was after midnight. about time to go home to bed. >> setting in the parking lot talking, just laughing. and all of a sudden multiple police cars pull up. they get out, guns drawn. me out of the vehicle first. they get me walking backwards to them with my hands up. >> then through all the terror and confusion, it dawned on kevin marsh, it wasn't him they'd come for. >> then i see them getting robert out, kicking him by his feet, knock him to the ground, ram his face into the asphalt and putting him in handcuffs. >> the story they told the police, they had accomplices when they murdered ann charles. and one was robert davis. >> coming up -- >> i was scared. i was shaking. >> now it would be robert davis' turn in the interrogation room.
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>> why don't you tell me, robert, what took place that night? >> when "dateline extra" continues. you don't let anything keep you sidelined. that's why you drink ensure. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing... ...what you love. ensure. always be you.
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welcome back. i'm tamron hall. here's keith morrison with more on our story, "the interrogation." >> by all accounts, including his own, robert davis was a mama's boy, because of his child-like ways perhaps, or his learning disabilities maybe. >> he's easy to play. he's like me. he's got a kind heart. he's gullible. >> robert seemed to need his mother to protect him from the big bad world while he took care of her when she was attacked by chronic illness. an occasion for which tends to slur her speech. >> he's a big dude. but he's a teddy bear. he always wanted to grow up and be in health care, in nursing like i was. >> mind you, robert did get into trouble once over a petty theft. and his learn disabilities landed him in a special school for several years. but the good thing? a family acquaintance was a
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school resource police officer. his name was randy snead. he had known robert and his mom for years. robert looked up to randy, trusted him. so when officer snead, now a detective with the police, came looking for robert after the fire, sandy told him without hesitation where he could find her son. >> i said is robert in trouble? he said, he's in serious trouble. >> but sandy had no idea just how serious. or what was about to happen in that parking lot where robert was hanging out with his friends. >> guns pointed at you, you're wondering what's going on. i was scared. i was shaking. >> why robert? because the fugueat siblings said they had accomplices from high school, and he was one of them. the same one was pulled in that same night. >> at the end of the interview, and we looked at each other and said, this kid has no idea what we're talking about.
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he's clueless what we're asking him. >> the kid was eventually released. but robert? robert had a far different experience in the interview room. and a different detective. >> they're sitting across from you was randy snead. >> randy snead, yeah. >> you knew him. >> i knew him. since i was 12 or 13. so i was on a first-name basis with him. >> kind of a friend? >> yeah. because i've known him for so long. >> why don't you tell me, robert, what happened that night. >> i was at my house, man. >> at first robert swore he was innocent. but six hours later, he had confessed to murder. >> i stabbed her. >> you stabbed her, didn't you? >> one or two times. >> and you told me the truth, correct? >> true. >> everything you done, it's true, correct? >> true. >> later that day officer snead allowed robert to call his mother. >> i said, robert, what did you
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say? he said, since they wanted to hear that, i told them, fine. >> what did it feel like in here when you heard that from your son? >> i felt like i was going to have a heart attack and die. >> around the neighborhood, people who had known robert for years couldn't believe it. >> he was always polite, and i knew robert was a follower. and i still couldn't believe that robert was involved. >> and yet the boy said it himself. >> why would he confess to something that he didn't do? >> robert's mother couldn't afford an attorney. so the state appointed one for him. steve rosenfield. what was your impression of him when you first met him? >> robert was scared to death from the first meeting, and forever. >> and then robert told attorney rosenfield just about what an
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accused murderer might say. he didn't do it. he didn't stab anybody. he wasn't even there. he only confessed, he said, because he was so scared. >> if you push hard enough to find out whether or not he was telling you the truth. >> i take what the client tells me. and i do an independent evaluation based on what i learn. >> so, he watched the tape of robert's confession. which didn't look right to him. besides -- >> there was no physical evidence at the crime scene to link robert to the crime. >> but just as intriguing was this question. >> why would rocky and jessica include a kid like robert? >> the fuguate siblings bullied robert mercilessly, and he was terrified of them. surely he wouldn't help them murder the neighbor lady. yet rocky was going to tell the court just that. >> his lawyer had advised me that rocky wanted to get a favorable sentencing.
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and was going to be testifying against robert. >> so big problems. rosenfield knew from long experience that any jury hearing rocky's testimony and robert's confession would certainly convict. robert would very probably get a life sentence, no parole. robert's only chance of getting out of prison was to agree to something called an alford plea. >> we told robert that if you plead guilty under an alford plea, you admit there is sufficient evidence to prove your guilt, but you do not admit that you're guilty. >> accepting a 23-year prison sentence. it also meant he could never file an appeal. >> 23 years, the hardest decision i've made to strongly recommend a client to take a plea for something he didn't do. >> but at least it wasn't life. he was sentenced at 20. he would be free in his early 40s.
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>> the day i was standing in front of the judge, accepting that alford plea crying, just praying that one day hopefully the truth will come out, that i wasn't there. >> the fuguates got what amounted to life without parole. and steve rosenfield faithfully drove out to visit robert in prison, knowing the only way to get him out was to persuade the virginia governor to issue a pardon. fat chance of that. >> pretty big long shot. of getting him out before the 23 years for which he was sentenced. >> and then? two years after robert went to prison, rosenfield opened the mail and found a letter from, of all people, rocky fugueat. >> dear mr. rosenfield, i have some information about robert that i think can be awfully beneficial. you're welcome to come visit me. >> snail mail.
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rest assured steve rosenfield's drive to the prison was much quicker. coming up, help is on the way from inside prison walls. and outside. >> this is one of the most intense interrogations that i've ever seen. >> that interrogation would soon be key to the case. >> i can't lie about the evidence. >> he's lying about lying. >> when "dateline extra" continues. get between you and s beautiful moments. by choosing flonase, you're choosing more complete allergy relief and all the enjoyment that comes along with it. when we breathe in allergens, our bodies react by overproducing 6 key inflammatory substances. most allergy pills only control 1. flonase controls 6. and six is greater than one. with flonase, more complete relief means enjoyment of every beautiful moment. flonase, six is greater than one, changes everything. ♪ and you're talking to your doctor about your medication... this is humira.
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the hour's top stories. donald trump about to rally some voters in windham, new hampshire. the gop presidential nominee working to beef up his support in the key battle ground state there. we'll be watching that. this as the new nbc "wall street journal" poll finds trump trailing clinton by 2 points there. officials in camden, new jersey, say concerts will go on as planned after 42 people were hurt last night when railing fell at a snoop dogg show. at least one person remains
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hospitalized. now, back to "dateline extra." welcome back to "dateline extra." i'm tamron hall. despite his confession, robert davis later insisted he was an innocent man. it's not the first time an inmate would make this claim, but robert was about to get help proving it. would it be enough to persuade a governor? continuing with the interrogation, here's keith morrison. >> attorney steve rosenfield was in for a big surprise when he arrived at rocky fugate's prison. >> it was shocking. >> it certainly was. rocky wanted to sign a sworn affidavit saying robert davis was innocent, had nothing to do with the murders. >> that was pretty powerful. for him to do that. considering his circumstances. nothing to gain. >> but rocky's admission wasn't enough to undo robert's confession.
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and then seven years into robert's prison sentence, rosenfield answered a phone call. there she was. laura nyerider of northwestern university's innocence project is a leading expert of false confessions by young people. she heard about robert's case and offered to help. and help us understand what happened to robert. as we watched the interrogation unfold. >> this is one of the most intense interrogations i've ever seen. >> you have the right to remain silent. anything you say can and will be used against you in a court of law. >> you've got these officers very, very close to robert, who is a big guy, pushing him in the corner, increasing the pressure without even touching him. >> randy snead, a man robert has long trusted, gives the interview at 2:00 a.m., by which time robert has been awake for 18 hours. again and again, more than 70 times -- >> start telling the truth --
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>> -- robert insists he's telling the truth. nine times robert asks for a polygraph. >> i will take a polygraph test right now. i'm being honest. i will take a polygraph test. i have said that how many times. officer snead, i was not there. i'll take a polygraph test to prove to you i was not there. >> when you have somebody in the interrogation room who offers to take a polygraph, that's a strong sign of innocence that should not be disregarded. >> snead's partner ups the ante. they have evidence, he says. >> we know you were in the house. we're going to prove you were in the house. >> they don't, by the way, have any evidence of that. though it is legal for police to lie in an interrogation. >> there was a lot of people. >> just after 3:00 a.m., robert asks for his medicine. he has strep throat, remember. he's also asthmatic. >> i need to take my third dose. >> i will once we get going, okay? you work with me and i'll work with you. >> robert's been awake for nearly 20 hours.
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>> i'm tired. i will call my mom. i'll tell her that i love her. sorry for all the pain i've ever put her through. i had nothing to do with this. >> more than a dozen times he says he's tired, and needs sleep. and several times he tries to sleep on the cold floor. at 5:17 a.m., for no explained reason, they attach shackles to robert's ankles. more than four hours into the interrogation, randy snead tells robert he has more bad news. overwhelming evidence of robert's guilt. >> i got evidence. >> if you don't talk to me, i can't keep you from the worst. >> i wasn't there. >> robert, you were there.
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the evidence shows you were there. i can't lie about the evidence. >> not only was that false, there was no dna found in this case. but the officer then goes on to say, i can't lie to you about this, robert. it's when he's lying about lying. >> officer snead tells robert he faces what snead calls the ultimate punishment. he also says falsely that he's been talking to robert's mother on the phone. >> i told your mom that i would sit here and try to keep you from the most ultimate punishment that you can get. i'm trying to do that. and you're not helping me to help you. i can't do it no more. >> what was going on in there? >> there you see the police officer suggesting to robert that he's going to face death. and you also see the officer very cleverly using robert's relationship with his mother. >> and that's when robert's resolve begins to weaken. >> just before 7:00 a.m., five
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hours in, robert begins to bargain. >> i was just on the porch. >> how many years will it be if you're just on the porch? >> when will i go home? >> huh? >> when will i go home? will i go home? >> i can't promise you -- look, i'm going to do everything i can to make sure your mom, maybe we can get you home. >> then hoping it might get him home to his mother, robert offers a story he hopes will satisfy snead. >> then i went upstairs. once i heard something, i ran scared. >> robert, sitting here you're trying to tell me how it took place? >> then snead lies to robert again. this time about one of the murder weapons. >> there's an item that you touched, all right?
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that did some damage to somebody. what was that object? >> it was a bat. >> a bat? >> a baseball bat. >> some type of clubbing device? >> snead snos the weapon was really a metal rod. >> i hit her two times. because they said if it was -- if i didn't -- >> now you've got somebody else clubbing her, robert. i've got somebody else doing that act. >> robert has it wrong. jessica already confessed rocky clubbed ann charms. >> you know what that act is. and that's the thing that has something on it that's yours. i'm not going to tell you. >> so, again, robert starts guessing. >> i didn't rape nobody. >> no, no. >> i didn't kill the baby. >> no, i'm not saying that. i'm not saying that you raped
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anybody. >> i didn't cut nobody. >> i didn't say you cut nobody. >> i didn't shoot nobody. >> you shot nobody. robert, i'm going to come out and tell you what i'm getting. all right? since you're not going to tell me. you stabbed that woman. >> i stabbed her. >> you stabbed her, didn't you? >> one or two times. >> then snead asks robert where? >> whereabouts on her body then? >> in the middle. >> and again, snead corrects him. >> you had a knife in your hand, all right? and prior to stabbing her in the back, all right, you cut her. >> it was essentially the police's confession, not robert's. >> is this going to get me home? >> today, i doubt it. >> then why am i lying about all this just so i can go home? >> you're not lying. >> i am lying to you full front face. >> i'm lying to you just so i can go home. which is exactly what juveniles who have falsely confessed say
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was their motivating factor for falsely confessing. >> six hours after the interrogation began, randy snead has his confession. >> what you said tonight, up to this morning, to me, is that a true and accurate statement. >> yes. >> okay. >> when rosenfield delivered a clemency petition to governor bob mcdonald, they added evidence in support. >> out of nowhere, jessica sent dear mr. rosenfield letter. she admitted to the throat cutting stab wounds to the back, and absolutely adamant that robert had nothing to do with it whatsoever. >> so jessica's affidavit was sent off to the governor, too. and everybody waited. and waited. and then on the governor's very last day in office, more than nine years into robert's
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sentence, a decision. denied. rosenfield, devastated, drove to the prison to tell robert. >> robert and i hugged, we cried. and probably it was about the most painful part of this process. >> robert's only door to freedom slammed shut. but half a world away someone else was watching robert's case. could his opinion make a difference? coming up -- >> isn't a confession the strongest evidence you can get? >> not always. >> the police detective in robert's corner. when "dateline extra" continues. don't bring that mess around here, evan! whoo! don't do it. don't you dare. i don't think so! [ sighs ] it's okay, big fella. we're gonna get through this together. [ baseball bat cracks ] nice rip, robbie. ♪
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welcome back. piece by piece, evidence mounted
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that robert davis may in fact be innocent. that confession, experts insisted, was coerced. even the admitted killers swore robert had nothing to do with the murders. and still he sat in prison. his petition for clemency denied. then support from an unlikely source, and a second chance for freedom. back with more of the interrogation, here's keith morrison. >> this is the coffeewood prison in mitch else, virginia. robert davis' home, this and other places like it, for something like 40% of his life. every moment of those years dictated by one long night with officer randy snead at the miserable exhaustive end of which robert said the words he cannot take back. >> i stabbed her. >> you stabbed her, didn't you? >> one or two times. >> most people would say, i would never, ever, in a million years confess -- >> or how could be so stupid and not know, you know?
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i was young. i didn't know. i was naive, you know. i was scared. >> robert is not alone, of course. there are people like him in situations just like his in jails and prisons all around the country who confessed as teenagers to crimes they maybe didn't commit. in fact, to prevent that very thing, police departments in many other countries ban or dispensed years ago with interrogation techniques still used in america. had the murder happened elsewhere, for example, here in the united kingdom, it's probable robert still would have been brought in for questioning. he was, after all, named by other suspects in the case. would he have been charged or interviewed for very long? close to zero. >> the interview as it is on the recording would not be legal in the uk, and that evidence would not have been admitted to a trial. >> this is andy griffiths' 26th year in the police department.
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internationally recognized for his work in investigative interview techniques. when griffiths was a rookie, interrogation rules were much like they are in the u.s., but they are not anymore. what happened to precipitate these changes? >> change really came about through problems. >> like a national scandal after a series of high-profile false confessions. including an arson/murder case eerily similar to robert davis'. >> the government at the day instigated the whole review of how prisoners were dealt with in custody. >> the result? a complete overhaul of the system. every officer in the uk retrained to rigorous standards that apply in every region of the country. strict rules were put in place for suspect interviews, all interviews in serious cases video recorded. >> there are two cameras up there. one gives a head and shoulders shot of the interviewee, and the
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idea behind that if it was shown in court, it gives a clear picture of you. the other is a global view of the room. everyone who's in the room is shown in the picture. that's about showing exactly what happened. >> and this was key. no more lying. in america, it's legal for cops to lie to suspects. not here. >> could you, for example, go into this interview and say, i have a certain specific piece of evidence that tells me you're guilty, if you don't have that? >> no, absolutely not. >> can you talk to a suspect for as long as you want to? >> no, you should only interview for two hours at a time, and you should take recognized breaks at meal times, prayer times, and nighttime. >> and someone a little challenged, like robert -- >> they're entitled under the law to what's called an appropriate adult. that might be a parent, might be a social worker, but they're entitled to that, as well as their legal representative. >> but when the interrogation rules were changed, many veteran
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officers were not happy. they resisted. detective trevor bowles remembers it well. >> senior people thought this was a draconian piece of legislation that was going to prevent us from ever detecting anything ever again. >> you would never solve a crime again. >> we would never solve a crime anymore. that it was going to tie our hands behind our back and we would be unable to work with it. and they were wrong. >> very wrong. not only did false confessions all but stop, crime solving got better. >> detection rates in respect to homicide in the uk are very high. they're up in the 90% mark. >> and along the way, said griffiths, confessions of hallmark of case solving in the u.s. became much less important here in britain. >> we would not prosecute somebody solely on a confession. so if someone did make a confession, we would try to corroborate what they said. so you would have this supporting evidence as well. >> isn't a confession the
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strongest evidence you can get? >> not always. >> what's wrong with it? >> what one confessions do, people look for support evidence to support what's being said because the confession exists. >> we asked griffiths to watch with us robert davis' interrogation. >> why don't you tell me -- >> and? >> what this guy's problem was, he was arrested last. what they're saying is we gospel believe the people we arrested first, so you need to confirm what we know. that's clearly not a good approach for an investigator. >> you think i'm lying, but i'm not. i'm not lying. i did not do nothing. >> the time of the day of the interview, length of the interview, the use of leg irons halfway through the interview, the clear request for medication, and sleep at various points of the interview were all red flags. >> when you looked at the whole thing as you did, you sat back and thought afterwards -- >> the life blood of any account
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is reliability. and the way this is done is you can't vouch for the reliability. >> we'd asked for his opinion and he gave it to us. robert's confession wasn't believable. what we didn't expect was what happened a few months later. when this british detective spoke to steve rosenfield, and offered to write virginia's governor. adding his support to robert davis' clemency petition. a petition now waiting on the desk of a new governor. coming up -- >> i believe that the confession is an unreliable confession. >> strong words from the chief of police. and from the governor's office. the wait begins. when "dateline extra" continues.
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welcome back. convicted on a false confession, advocates were adamant that's what happened to robert davis. yet still, he languished in
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jail, day after day. then, newfound hope, a new governor was taking office. would he consider the case? or was the young man so many believed innocent destined to spend another decade in jail? here's keith morrison with the conclusion of the interrogation. >> i've never been emotional in a presentation as i feel in this case, because i've grown very close with robert. >> for years, steve rosenfield made his case for robert davis to legal conferences, to anybody who would listen. and robert remained right where he was, in prison. during those same years, we tried repeatedly to contact and interview randy snead, the officer who took robert's confession. but as close as we got is the current chief of police of the county, colonel steve sellers. he wasn't in office when steve was a detective, but -- you've
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talked to him, what is your sense of how he feels about it? >> i think he acted in the best interests. i think there wasn't a bit of malice in his actions. i think he had a very strong relationship with robert davis. >> but this was interesting. chief sellers did not support snead's interrogation. not at all. >> i will say this, i believe that the confession is an unreliable confession. >> what's more, the chief updated police methods when he took over, to help prevent the kind of interrogation that ended up in robert's confession. >> i can't tell your mom i can save you from the ultimate. >> as you look at it, what are things that would not be done? >> using terms like the ultimate punishment. length of the interview. those kinds of things would be clearly not done today. >> cold comfort for robert davis who, by 2014, had been in prison going on 11 years. a decade-plus to go.
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unless -- there was a new governor, terry mcauliffe in office now. so rosenfield renewed his appeal for clemency. though he was well aware that a tiny percentage of such petitions are ever granted. and as month after month went by, it wasn't clear what, if anything, was happening. >> what's disturbing about the clemency process is that it's secretive. >> what rosenfield didn't know is that this time it was different. the governor, in fact, ordered a new investigation. just before christmas 2015, we were there when the call came from the governor's office. >> it's steve. >> there it was, finally, the words he had been hoping to hear, year after year after year. robert davis was about to be set free. >> i'm elated. just in time for the holidays. today is robert's mother's birthday.
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come on, sandy, pick up. sandy, it's steve. set another plate for tonight's dinner. i'm going up to pick robert up. >> oh, my god! >> this will be the last time i ever see this prison. >> at last, the final drive to robert's prison, with the news that both had dreamed of for all those years. >> hey, robert! how are you feeling? >> i'm elated. words can't describe it. words cannot describe it. i'm just so happy. if it wasn't for that man fighting for me right there, i wouldn't be out right now. and this is just overwhelming right now. i'm outside of these fences, man! hello? i'm just getting ready to pull
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out. yeah. it's unreal, mom. as long as this ain't a dream, i'm leaving right now. >> and that very night robert was together again with his mother, his brother, and freedom. >> this is my boy. he's home. >> how does it feel out here? >> it feels great, man. >> a few weeks later we came to see robert here in his new apartment in charlottesville, virginia. his very own apartment. in which he tells us there is no room for bitterness. there's too much to do. >> so, here we are. >> yep, this is my humble home. >> not bad. >> yeah. >> how does it feel? >> it feels great, man. i haven't stopped smiling since i've come home.
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>> you can tell. what are you planning to do with your life now? >> get a job and thrive. i got this opportunity and i don't want to squander is, it, you know. >> he's got a job. working in a neighborhood deli. and he lives under the protective eye of the man who never stopped trying to prove his innocence. and who hasn't stopped yet. robert's pardon was conditional. meaning he has a parole officer, an ankle bracelet and still a record. >> i don't think the final chapter has been written on the robert davis story. this governor expressed to me that the door was open for a reconsideration toward an absolute pardon, which would erase, expunge his conviction. >> so he would no longer have a record, like he had never been arrested at all? >> and that's a possibility down the road. >> which, said laura, is about
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the least robert deserves. robert and untold others now languishing in american prisons, who confessed under duress. to something they didn't do. >> slowly, these stories are beginning to make headlines, and so now we see, eyes are beginning to open, questions are beginning to be asked around the country, and that is what happened in robert davis' case. >> one night of your life made a hell of a difference, didn't it? >> yeah. >> it's a small town. have you ever run into randy snead? >> he lives here. but i haven't run into him. if i were to see him walking down the street, i would probably just keep walking, because i don't really have nothing to say to him. except for i told you so. i told you that i was innocent. >> so he was. so he is.
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that's all for this edition of "dateline extra." i'm tamron hall. thank you for watching. it's never good news when the phone rings at 5:00 in the morning. i knew something wasn't right. he just began sobbing and saying no, no, something horrible must have happened. >> it was just before midnight when the shooting started. >> shot multiple times. he was on the ground face down. >> a man was dead, but not just any man. >> how do you kill

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