Aug. 10, 2008

Fight For The Truth

Erin Moriarty On The Latest Chapter In The Marty Tankleff Case

    • Marty Tankleff was a teenager when he was convicted of killing his parents.

      Marty Tankleff was a teenager when he was convicted of killing his parents.  (CBS/48 Hours)

    • Tankleff, surrounded by family and friends, after his release from prison.

      Tankleff, surrounded by family and friends, after his release from prison.  (CBS)

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  • Video Det. McCready On Tankleff Case

    James McCready, the lead detective in the Tankleff murder case, talks about the investigation and his interrogation of Marty Tankleff.

(CBS)  Eleven years later, Jay Salpeter, a retired New York City police detective, stepped in. Salpeter believes Marty's alleged confession was coerced, and he is not alone. Richard Ofshe, an expert in interrogation tactics, is working on Marty’s appeals.

In Marty's case, Ofshe says the teenager was tricked into doubting his own memory. "He knows he didn’t do it but he's confronted with a police officer who's lying to him, and skillfully lying," he says. "All of a sudden there is a way of reconciling it. And that is you had a blackout, because of some psychological condition you got that impairs your memory."

False confessions do happen: 25 percent of the people who have been exonerated with DNA evidence had confessed to crimes they did not do.

Ofshe is convinced Marty’s confession is false because it doesn't match the crime scene evidence. For example, Marty allegedly told police that he used a barbell and kitchen knife as murder weapons; but not a trace of blood was found on them, even when they were microscopically examined.

"If he cleaned off the weapons, why wasn't any blood found in the plumbing?" Moriarty asks McCready.

"Every confession does not have 100 percent of the truth in it. Because they don't give you the whole truth," he says.

The forensics team found bloody glove prints at the scene, but Marty never mentioned wearing gloves, and those gloves were never found.

McCready says he doesn’t know what happened to the gloves and that it doesn’t concern him.

Salpeter conducted his own investigation, and, with old fashioned leg work, tracked down a man who would unravel the entire case.

McCready refused to re-consider his initial conclusions, even when the crime scene evidence raised doubts.

"Once you have that confession aren’t you caught? Because you can’t bring anyone else to trial once you have that confession," Moriarty asks.

"Well, I'm not taking a confession from an innocent man. I would never do that," McCready says.

But at the time of Marty's arrest, McCready and his fellow detectives in Suffolk County, New York, had an astonishingly high confession rate - 94 percent - so high, a state commission said it provoked skepticism. McCready defends his work. "Homicide squad is sort of the crème de la crème, if you will," he says.

But in Marty’s case, says Salpeter, McCready was simply wrong. "The forensic work does not fit the story," he says.

Salpeter says it was a man named Glenn Harris who gave him the break in the case. A career criminal serving time for burglary, Harris says after 14 years of silence, he was ready to admit his involvement in the Tankleff murders.

Continued



Produced By Gail Zimmerman
© MMVIII, CBS Interactive Inc. All Rights Reserved.
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Add a Comment See all 40 Comments
by Stoney13 August 25, 2008 6:26 AM EDT
lo1411,

Let''s see what kind of detective I am! I think "lo" stands for Law Officer, and "1411" is your badge number!

This kid is SOOOOOO innocent! The fact that one of your fellow officers is getting called on to the carpet for this must REALLY get to you! Well, brother that is the wrong way to think!

Because of McCready''s sloppy, heavy-handed, and arrogant behavior, a jury might let a guilty person go! Perhaps a scared kid out there will decide he has nothing to lose and go down shooting and take a fellow officer with him!

One McCready undoes the work of a hundred decent, honest officers! And I know same damned fine men who chose to wear the badge! McCready sullys their name! Think about that before you give your loyalty to an officer who doesn''t deserve it!
Reply to this comment
by davidj121 August 14, 2008 12:38 AM EDT
McCready is one stubborn ignorant stupid idiot. Why on Earth would marty tankleff kill his parents. there is no motive whatsoever. yet, there is a shady guy that owes seymour tankleff 500 grand. a 5th grader could put this one together. shouldn''t they teach detectives about motive and how it figures into crime ? what a ******* ! that guy belongs behind bars.
Reply to this comment
by godsfiddler August 11, 2008 4:15 PM EDT
James McCready is nothing more than an a hole con artist, and was probably the one counseling the actual killers.
Reply to this comment
by godsfiddler August 11, 2008 3:52 PM EDT
I wonder if McCready was part of the crime...as well as the three other guys.
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by godsfiddler August 11, 2008 3:51 PM EDT
Such a shame that all three guys are free men. McCready needs to be in prison for his ***.
Reply to this comment
by pfd572 August 10, 2008 3:12 AM EDT
lo1411 and lovetoread1: you might want to take the time to learn about the volumes of false and coerced confessions; the hundreds of innocent people who have been released after DNA evidence analyzed (an example of how the courts and law enforcement CAN err); the forensic evidence that was suppressed that almost entirely clears Marty; the State Commission''s investigation into probable misconduct by law enforcement, etc. Its EXTREMELY naive to think that police and the courts never make a mistake, are alway honest and never have an agenda at others expense. I am relieved that, at least in this case, the system eventually, but way too long after the fact, got it right. (the only motive the police and prosecution could come up with was money he would inherit; if they had checked they would have found out he wouldn''t have access to any inheritance, regardless of his parents alive or dead, until he was 25, eight years after their murder - this is no motive)
Reply to this comment
by tboetj7 August 10, 2008 1:20 AM EDT
It is an outrage that Jerry Steuerman is a free man. He gets to retire in Florida. Shouldnt he at least be on trial?
Reply to this comment
by wr_rodgers January 28, 2008 8:15 PM EST
Not only was the detective wrong in how he pursued this case, but so was the jury. The detective should be immediately suspended and then brought to trail. If found guilty he should be required to spend at least 17 years in prison. How in the world can our justice system move so slowly - 17 years ago they were investigating the detectives handling of this case and still today no ruling has come forth. This detective is most likely continuing to send innocent people to prison because he lies, hides the facts and makes every case into what he wants it to be? The jury that served on that case should feel ashamed for being so hoodwinked.
Reply to this comment
by pfd572 January 28, 2008 6:00 PM EST
lo1401

Learn before you speak. There a numerous, documented, authorized and proven examples of people confessing to crimes they didn''t commit. Extended hours of intense, threatening questioning by police, sleep depredation, threats, mind games, lack of food, fear and intimidation by/of authority,etc. all contribute to conditions where people have confessed. Especially younger people. Marty NEVER signed a confession, he said if he did it he must have been having a blackout because he didn''t remember, etc., and IMMEDIATELY rescinded his confession. There was absolutely no evidence other than his physical presence in the house, his own home, and his demeanor. People react to horror in different ways, shock sets in and shock of this nature causes the body/mind to shut down as a way of self-preservation. You need to know of which you speak or you do more harm.
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by lovetoread1 January 28, 2008 12:57 AM EST
Did Erin actually read the police report? Marty has received a get out of jail free card for murdering his parents.
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by jojosmom1 January 28, 2008 12:42 AM EST
lo1411 ....Apparently you have no clue what your mind can believe under stressful circumstances. If you are told something over and over, you can start to believe it. Why don''t you keep an open mind and think about how they interrogated him. He is not the first person to ''confess'' to a crime he did not commit! How anyone can watch that and believe with out a doubt that he was guilty, astounds me. Is that not a juror''s job? Without a doubt? Seems to me there was plenty to doubt here.
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by jojosmom1 January 28, 2008 12:41 AM EST
lo1411 ....Apparently you have no clue what your mind can believe under stressful circumstances. If you are told something over and over, you can start to believe it. Why don''t you keep an open mind and think about how they interrogated him. He is not the first person to ''confess'' to a crime he did not commit! How anyone can watch that and believe with out a doubt that he was guilty, astounds me. Is that not a juror''s job? Without a doubt? Seems to me there was plenty to doubt here.
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by davidj121 January 27, 2008 10:18 PM EST
I am sick after watching this show. McCready is one of the dumbest , most stubborn idiots I have ever seen. I don''t understand how a jury could have convicted this kid when there was no physical evidence and he had no motive. Why on Earth would he have done that ? That police officer''s refusal to investigate Steurmann is shameful. A young man lost 18 years of his life and he can never get that back.
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by animemom-2009 January 27, 2008 8:50 PM EST
I believe this is such an injustice. These law enforcement officers and elected officials have sworn to protect and serve. Why did they not protect this 17 year old boy who had apparently just been traumatized by the loss of his two parents? Instead they bombarded him in the interrogation room without an attorney or another family member present on his behalf. Later, when other witnesses and evidence came forward, instead of keeping an open mind they turned a blind eye. Also, if detective McCready is "better than the polygraph machine" why isn''t he sought out by every law enforcement agency in the country? I think detective McCready should take a polygraph examination administered and read by Mr. Jack Trimarco. After all, detective McCready has admitted to lying to 17 year old Marty Tankleff during his interrogation to extract a confession out of him and detective McCready hides behind the United States Supreme Court to justify his lying. I wish Marty and his family all the luck in the world. With people like this protecting and serving our great nation they will need it!
Reply to this comment
by staylor31549 January 27, 2008 4:40 PM EST
I was interested in watching the show because of the injustice that has been done to another teenager. I wanted to share that information:

Learn about 15-year-old Latino honor student named Efren Paredes, Jr. who was wrongly convicted in 1989 for a murder and armed robbery he did not commit; a crime to which others plead guilty. Efren had no criminal record previous to his arrest for this crime.

One of the individuals who pled guilty to the case for which Efren was arrested owned the murder weapon, was found in possession of the weapon after the crime occurred, owned the car used in the commission of the crime, and was found in possession of money from the crime. His brother also admitted to being at the crime scene. All admittedly guilty parties to committing the crime have served their prison sentences for this crime and been released.

The case against Efren was entirely circumstantial. There was no physical evidence linking Efren to the crime, no eyewitnesses to the crime, and Efren was home when the crime occurred. He was arrested, tried and convicted in a three month period and was subsequently sentenced to three life sentences. Efren is now 33-years-old.

Please visit www.4Efren.com to learn more about this injustice and egregious human rights violation.
Reply to this comment
by staylor31549 January 27, 2008 4:40 PM EST
I was interested in watching the show because of the injustice that has been done to another teenager. I wanted to share that information:

Learn about 15-year-old Latino honor student named Efren Paredes, Jr. who was wrongly convicted in 1989 for a murder and armed robbery he did not commit; a crime to which others plead guilty. Efren had no criminal record previous to his arrest for this crime.

One of the individuals who pled guilty to the case for which Efren was arrested owned the murder weapon, was found in possession of the weapon after the crime occurred, owned the car used in the commission of the crime, and was found in possession of money from the crime. His brother also admitted to being at the crime scene. All admittedly guilty parties to committing the crime have served their prison sentences for this crime and been released.

The case against Efren was entirely circumstantial. There was no physical evidence linking Efren to the crime, no eyewitnesses to the crime, and Efren was home when the crime occurred. He was arrested, tried and convicted in a three month period and was subsequently sentenced to three life sentences. Efren is now 33-years-old.

Please visit www.4Efren.com to learn more about this injustice and egregious human rights violation.
Reply to this comment
by staylor31549 January 27, 2008 4:39 PM EST
I was interested in watching the show because of the injustice that has been done to another teenager. I wanted to share that information:

Learn about 15-year-old Latino honor student named Efren Paredes, Jr. who was wrongly convicted in 1989 for a murder and armed robbery he did not commit; a crime to which others plead guilty. Efren had no criminal record previous to his arrest for this crime.

One of the individuals who pled guilty to the case for which Efren was arrested owned the murder weapon, was found in possession of the weapon after the crime occurred, owned the car used in the commission of the crime, and was found in possession of money from the crime. His brother also admitted to being at the crime scene. All admittedly guilty parties to committing the crime have served their prison sentences for this crime and been released.

The case against Efren was entirely circumstantial. There was no physical evidence linking Efren to the crime, no eyewitnesses to the crime, and Efren was home when the crime occurred. He was arrested, tried and convicted in a three month period and was subsequently sentenced to three life sentences. Efren is now 33-years-old.

Please visit www.4Efren.com to learn more about this injustice and egregious human rights violation.
Reply to this comment
by staylor31549 January 27, 2008 4:39 PM EST
I was interested in watching the show because of the injustice that has been done to another teenager. I wanted to share that information:

Learn about 15-year-old Latino honor student named Efren Paredes, Jr. who was wrongly convicted in 1989 for a murder and armed robbery he did not commit; a crime to which others plead guilty. Efren had no criminal record previous to his arrest for this crime.

One of the individuals who pled guilty to the case for which Efren was arrested owned the murder weapon, was found in possession of the weapon after the crime occurred, owned the car used in the commission of the crime, and was found in possession of money from the crime. His brother also admitted to being at the crime scene. All admittedly guilty parties to committing the crime have served their prison sentences for this crime and been released.

The case against Efren was entirely circumstantial. There was no physical evidence linking Efren to the crime, no eyewitnesses to the crime, and Efren was home when the crime occurred. He was arrested, tried and convicted in a three month period and was subsequently sentenced to three life sentences. Efren is now 33-years-old.

Please visit www.4Efren.com to learn more about this injustice and egregious human rights violation.
Reply to this comment
by staylor31549 January 27, 2008 4:38 PM EST
I was interested in watching the show because of the injustice that has been done to another teenager. I wanted to share that information:

Learn about 15-year-old Latino honor student named Efren Paredes, Jr. who was wrongly convicted in 1989 for a murder and armed robbery he did not commit; a crime to which others plead guilty. Efren had no criminal record previous to his arrest for this crime.

One of the individuals who pled guilty to the case for which Efren was arrested owned the murder weapon, was found in possession of the weapon after the crime occurred, owned the car used in the commission of the crime, and was found in possession of money from the crime. His brother also admitted to being at the crime scene. All admittedly guilty parties to committing the crime have served their prison sentences for this crime and been released.

The case against Efren was entirely circumstantial. There was no physical evidence linking Efren to the crime, no eyewitnesses to the crime, and Efren was home when the crime occurred. He was arrested, tried and convicted in a three month period and was subsequently sentenced to three life sentences. Efren is now 33-years-old.

Please visit www.4Efren.com to learn more about this injustice and egregious human rights violation.
Reply to this comment
by staylor31549 January 27, 2008 4:37 PM EST
I was interested in watching the show because of the injustice that has been done to another teenager. I wanted to share that information:

Learn about 15-year-old Latino honor student named Efren Paredes, Jr. who was wrongly convicted in 1989 for a murder and armed robbery he did not commit; a crime to which others plead guilty. Efren had no criminal record previous to his arrest for this crime.

One of the individuals who pled guilty to the case for which Efren was arrested owned the murder weapon, was found in possession of the weapon after the crime occurred, owned the car used in the commission of the crime, and was found in possession of money from the crime. His brother also admitted to being at the crime scene. All admittedly guilty parties to committing the crime have served their prison sentences for this crime and been released.

The case against Efren was entirely circumstantial. There was no physical evidence linking Efren to the crime, no eyewitnesses to the crime, and Efren was home when the crime occurred. He was arrested, tried and convicted in a three month period and was subsequently sentenced to three life sentences. Efren is now 33-years-old.

Please visit www.4Efren.com to learn more about this injustice and egregious human rights violation.
Reply to this comment
See all 40 Comments
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