Wednesday, December 07, 2005

CHICAGO, Illinois (AP) -- Even now, years later, the mug shots are jarring.The murder suspect wears a red-and-purple T-shirt with a playful animal design. His height and weight: 4-foot-7 and 70 pounds. This suspect has almost no history. He has never held a job. He has no need for a Social Security number. He isn't even halfway through elementary school.He's just 8.The child, identified in court documents as E.H., was charged, along with his 7-year-old playmate, with the slaying of an 11-year-old girl, Ryan Harris. The 1998 case captured national headlines as the two became among the youngest children in the nation ever formally accused of murder.While the charges quickly unraveled, the two boys eventually turned the tables on their accusers. City pays $11 millionAfter seven years, a final agreement has been reached in civil cases that charged the city and the police with wrongful arrest.Last month, the city approved a multimillion-dollar settlement of one suit, having ordered its lawyers to negotiate an agreement even as a jury trial was nearing its end. An earlier case was resolved out of court.Nearly $11 million in taxpayer money, including legal fees, has been paid to close what an alderman called the "one of the most shameful episodes in our city's history."And yet, in settling, the city admitted no wrongdoing. No police were sanctioned.Case shows what can go wrongThis was not the first time children have been wrongly accused or confessed to something they didn't do.But the case offers a rare glimpse into how it can happen -- what detectives may say and do behind closed doors, and how a harrowing journey from a police station to the courts and a psychiatric hospital can change the lives of two little boys.E.H., a high school freshman, turns 16 this month. When he took the witness stand for the civil case in August, he didn't look at the jury. Nor did he glance at two men sitting at the defense table: James Cassidy and Allen Nathaniel, the detectives -- the former retired, the latter still on the force -- accused of framing him.Nearly half his life had passed since news helicopters had buzzed over his house and he was called "little killer."He recalled the day when he rode bikes with friends, including Ryan Harris, and watched her enter a red car with two men. Then he ended up at the police station, where he assumed he'd look at photos to try to identify them.Instead, police surrounded him and showed him a photo of a badly beaten body in a weed-filled lot; Ryan Harris' panties were jammed down her throat, leaves stuffed in her nostrils."They were hollering at me, asking me if I killed her," the boy told his lawyer, Andre Grant, in a near whisper."Did you tell them you killed Ryan Harris?' Grant asked."I said I didn't do anything," he answered."Were you afraid?""Yes."'Confession' challengedThe charges against E.H. depended largely on the purported confession of his friend, identified as R.G., who was questioned separately. According to police, the 7-year-old said he threw a rock at Ryan, and she fell off her bike and hit her head. Then, he allegedly said, he and E.H. dragged her into a wooded area, where R.G. stuffed the girl's underwear in her mouth.Attorneys for the boys have long ridiculed that claim, noting R.G. had a serious speech impediment and could barely string two or three words together -- much less a 16-sentence confession."To say that he could tell a story from start and to finish was patently absurd," argues Jan Susler, a lawyer for R.G. "These two little kids were scared out of their brains."It's not difficult for police officers to shape a kid's message, says Stephen Ceci, a professor of developmental psychology at Cornell University and an expert on child confessions. "They're putty in the hands of a powerful adult authority figure," he said.In this case, the boys were questioned without lawyers or family in the room. Their statements were not recorded. And from the moment they walked out, both denied they'd ever confessed.'Good boys don't lie'"I didn't do it, Grandma," R.G. repeatedly said after the interrogation, during which police held his hand and bought him a Happy Meal and a toy car.At the time, the detectives, Cassidy and Nathaniel, were praised by police for having "performed magnificently" in cracking what had become a "heater" case, with heavy public and political pressure for an arrest.Seven years later, the detectives defended their actions, saying both boys had implicated themselves. But the detectives also made some troubling admissions.Cassidy testified he hadn't reviewed the files, yet still managed to get a confession on his first day on the case -- though dozens of investigators had been working on it for weeks.He acknowledged that E.H., a second-grader, probably didn't understand his version of Miranda warnings. Cassidy called them "kiddie rights" and they included the admonition: "Good boys don't lie."Officer's troubling historyThis wasn't Cassidy's first controversy involving a child suspect. In 1994, he said an 11-year-old boy blurted out that he had killed an elderly neighbor. The boy tried to recant, but was convicted. In 2002, a federal judge tossed out the murder conviction, saying the arrest was illegal and the confession coerced. The young man sued; the case was settled out of court. In the Harris case, it took police about a month to rule out the boys and drop charges. DNA led authorities to a convicted sex offender, Floyd Durr, who awaits trial in Ryan's murder.By then, the boys had spent about a week in a psychiatric hospital. Their parents said they were told if they didn't consent, they'd risk losing them to state custody.Both families have moved away. But years later, they'd argue, scars remain.Lost innocenceOne of E.H.'s lawyers, R. Eugene Pincham, says, "This will be with him the rest of his life."A photo of E.H. as a beaming 8-year-old clutching his cat was flashed on a courtroom wall for the jurors.Then came the witnesses: the boy's mother, teachers and a psychiatrist claiming he went from being a chatty, sociable kid at the top of his class to a recluse with poor grades who rarely strays from his porch."Do you go out a lot?" Grant, his lawyer, asked the teen."It's safer in the house," E.H. replied."Do you have bad dreams?""Sometimes.""About what?""The police station and the psychiatric hospital."City attorneys argued the boy's troubles stem from a chaotic family life that has included occasional contact with the police as well as a fire that killed five relatives. They also presented a psychologist, who said his arrest had not caused permanent psychological damage.Experts, such as Ceci, say children can be resilient and rebound from the most traumatic events.But R.G. hasn't, according to his lawyer, Susler. She says the boy, now 14, wet his bed for years, chewed his fingernails until they were bloody and infected, banged his head on the floor and refused to sleep in his own bed, curling up in the hallway outside his parents' room.R.G.'s family was affected, too, she says, citing stress from the boy's arrest as contributing to his parents' divorce.R.G. is a freshman in a therapeutic high school who takes antidepressants and receives psychological counseling, Susler says. Because his mother didn't want to expose him to a trial, his family settled out of court for $2 million this year -- a sum one alderman said should have been increased fivefold.Lawyer: 'Systemic' police misconductFlint Taylor, R.G.'s lawyer, says even though just two detectives were named, this case showed "systemic misconduct" from the top to the bottom of the police department.When two tiny grade-school-age boys were brought in for questioning, he says, "No one said, 'Show me how these kids could have done that."'"No one was ever disciplined for it," Taylor adds. Everyone walked away."Police declined comment.E.H.'s family settled for $6.2 million. His grandmother, Rosetta Crawford, told reporters the trial, before being curtailed, had shown her grandson wasn't responsible for Ryan's murder."It wasn't about the money," she said, but instead about sending a message, in hopes of preventing police from handling child suspects this way again.Case inspired changesThe case did inspire changes in the law: Today, kids under age 13 charged with murder or sex crimes must be represented by a lawyer during a custodial interrogation. In addition, Chicago police now require a parent or guardian's presence when kids under age 13 are held for questioning on felony charges.Illinois also mandates taping of interrogations in homicide casesThese are positive steps that make this a watershed case, says Steve Drizin, director of the Center on Wrongful Convictions at Northwestern University and expert on juvenile justice. "Whether the legacy is strong enough to prevent this from happening again, only time will tell," Drizin says. He pauses, then adds: "I think it could happen again in a heartbeat."Copyright 2005 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

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