Reasons for Suspicion
an essay by Sam Redman
Unnecessary complication
What has always been troubling
is not that Joran van der Sloot and the Kalpoe brothers first lied about
dropping Natalee Holloway off at the Holiday Inn. It is reasonable to understand
anyone wanting to avoid "embarrassment" after having done something uncouth.
Leaving a girl alone on the beach in the night is ungentlemanly by most
standards and not something a young man would want family and friends to
know about. Aruba is a vacation paradise, and beaches are frequented
at all hours of the night. So, it might be logical to assume that
a girl left alone, even in the wee hours of the morning, would have been
just fine, might have met up with someone else and eventually would show
up. Therefore, a reasonable person might assume that no harm would
come from providing a simple, but more "respectable," explanation, that
she was taken to her hotel. Girls on vacation often connect with
others on the island and often spend the night in unplanned places. So,
it is not a stretch of credibility that the girl could have been expected
to show up later on her own. Under ordinary circumstances such a
cover story would be have been a harmless tale.
But, what is bothersome is
that this "cover" story, this lie, was too complicated. It is too
detailed, too convoluted to be excused as just an off-hand explanation
given to avoid embarassment. They all told a lie with so many unnecessary
details. We heard that she fell upon getting out of the car, that
Joran went around to help and that Natalee said she didn't want assistance.
Then, they added the security guard scene, complete with a description
of the clothing. It is all so unnecessarily compounded. If there had been
a simple story, such as, "We dropped her at the Holiday Inn and waved good-bye,"
that would fit the format of an "I-don't-want-to-look-bad" excuse.
Once we find that this "story" was a lie, however, the question immediately
becomes, "Why was the lie so complicated?" Experienced interrogators know
that such a complicated lie often provides valid reasons for suspicion
of something hidden. A complex lie, when a simple one would have
sufficed, is often an indication that the prevaricator is wanting to convey
information to explain away circumstances which might come out later, such
as an injury subsequently discovered on the body of a victim. "She
fell when getting out" might have been offered to provide a reason for
an head contusion or cut, which might have been anticipated as being discovered
later in an autopsy.
Failure to correct quickly
Irrespective of a cover
story being logically excusable and told "just out of embarrassment," when
Natalee didn't show up after a day, anyone with scruples would have
told then what really happened. A, "keeping up my reputation"
excuse, with a rapid correction after a day passed, might be explained
as "17 year old" thinking. The key for forgiveness is "instant" correction.
Doing the right thing cleanses. But, the grace period would be a
matter of hours. Don't forget, all three knew they were preserving
a blatant lie, while people were desperate to find her, while they knew
police were investigating. Anyone would know; time is critical in
finding a missing person. It is obvious that the three intentionally and
knowingly misdirected the police in the most crucial point of the investigation.
Plus, they misdirected for a very long time; at least nine days. Why did
they do that? That remains the burning question.
It is reasonable to expect
a moral compass
So, applying reasonable
standards, most would expect them to have had the proper "moral compass."
It would take a certain, determined callousness not to fix the falsehood
with the truth, when things looked worse than they originally thought.
Certainly, after 24 hours, someone who knew that her family had been to
Joran's home would feel an obligation to want to help find her. What
motivation would have kept anyone from telling the police, as well as everyone
looking, that the original story was completely not the truth? It
is reasonable to think that, of the three, at least one would have wanted
that search to have begun in earnest from the last location where she was
seen.
So, the lie wasn't
told simply and, most important, the lie wasn't abandoned quickly.
It was only after ten days had passed and they were arrested and shown
the surveillance video tapes from the Holiday Inn. You have to ask,
"Why?"
For at least nine days the three intentionally
misdirected the police. Why?
Perhaps they knew a search
would be futile
Why would someone not feel
the urgency to reveal the truth about where they left a missing girl?
If you left her on a beach and she hadn't shown up after a day, wouldn't
you want to get teams searching from that location? Perhaps,
they didn't because they knew it was futile. We know for certain
that none of the three showed any true desire to help look for Natalee.
They would have corrected their deception. They would have helped in the
search. Instead of helping to findher, they repeatedly (by Joran's
admission) met at Joran's house to firm up their "story." Was it because
they knew full well that there was no emergency? A reasonable explanation
is that they all knew she was already dead. Maybe they knew that
her body was not even on the island. It is hard to explain any other
way: three people not feeling any compulsion or compassion to want to help
in her search. Where was she was last seen? What did you see in the
area? What are other details that needed to be told? Once they knew
she had been gone way too long to have just "slept in," unless they had
reasons to know a search would be in vain, they would have been out there,
showing right where they left her and then helping in the search.
.
Perhaps they needed time
to cover a crime
Coupled with knowing there
was no urgency, not coming forward quickly, fits a pattern of criminal
behavior where activivites are done to delay, to allow a crime scene to
be cleaned, a body disposed, evidence to be destroyed.
Perhaps they wanted even
more time
They secured more time by
allowing the Security Guards to remain in jail. That is undisputed.
This sequence is probative that they were securing time before revealing
the truth (or what they say is the truth). Was it to cover their tracks?
It is problematic because it fits into the "modus operendi" of a criminal
"buying time," delaying for his own self interests. Allthough they
didn't specifically frame the guards, they didn't jump to their defense
when those two were arrested. Common respect for one's fellow man, being
falsely accused, should have motivated them to instantly tell their beach
story (assuming even that's the truth) abandoning the Holiday Inn prevarication.
What reason did they have to prolong that situation? Why did they
need more time?
Four concerns which warrant
suspicion of wrong doing
1. Unnecessary complication
(for someone just telling a fib to spare embarrassment).
2. Not correcting the story
when it was apparent she wasn't coming back after a full day.
3. Not correcting the story
the very moment innocent people were arrested.
4. Prolonging their revealing
of the last place they saw her for up to ten days.
Something bad evidently
did happen
So, because of these concerns
it seems apparent to many that something isn't right. It appears that something
bad did happen. These logical steps cause a reasonable person to now question
the beach story, giving rise to speculation that they chose that place
for the second story as just a more coverable lie. There were no
cameras there to refute it (like the Holiday Inn) and simply it seems to
be more conceivable than the first. But, if the second story is also a
lie, where did they really leave her?
In spite of these concerns,
most people do remain believers in "IUPG" (innocent until proven guilty)
and in needing evidence which convinces beyond a reasonable doubt. Those
very principles may mean that this crime is never solved. It is a basic
tenet of our free society that no one (even the guilty) should ever be
railroaded into a conviction based on hunches and gut feelings. So, we
must direct our efforts toward attempting to sort out facts from theory
and rumor.
However, it is difficult
not to have justifiably strong suspicions of guilt. Certainly, all
the circumstances of the admitted lie make such suspicions credible. What
the authorities need is some evidence. Hopefully, this same position is
shared by the Aruban Police, the Prosecutor and the FBI.
Two exculpatory statements
- are admissible as evidence of guilt
an essay by Sam Redman
There is yet another problem
with the two stories, which is realized with a simple bit of legal deductive
reasoning. While the following discussion may be an exercise in legalistic
logic it can serve to gain a very interesting perspective on why so many
people remain convinced (in spite of no evidence of a crime) that the three
suspects are guilty.
US case law which speaks
to this situation:
"When a defendant voluntarily
and intentionally offers an explanation, or makes some statement before
trial tending to show his innocence, and this explanation or statement
is later shown to be false, you may consider whether this evidence points
to a consciousness of guilt. The significance to be attached to any such
evidence is a matter for you to determine. The instruction
is aimed at pretrial fabrications, and is not generally appropriate for
casting doubt on a defendant's trial testimony."
United States v. Clark,
45 F.3d 1247, 1251 (8th Cir. 1995). |
Both stories are exculpatory
Saying the two versions
are both exculpatory means that both of them taken at face value (by themselves)
are stories which describe no criminal involvement. They serve to clear
the suspect of any wrong doing.
In a criminal proceeding,
if a witness tells one accounting and then recants, and then tells what
he now says is the truth (usually in the face of some evidence from another
source, which would be incriminatory), you look for the reason he told
the first lie. Invariably, the sequence makes sense, because while the
first accounting was exculpatory (describing innocence), the second story
(the truth) will be in some way incriminating (non exculpatory), therefore
explaining or demonstrating the reason or need for the original lie.
So the logic to be applied
is that when you have two stories, and the first one is recanted for the
second, but both are exculpatory, then you also suspect the second, because
a recanted exculpatory alibi should logically be replaced with a story
which confesses to, at least, some criminal activity (for example, accidental
death and hiding a body or something worse).
Where does this logic take
us? It takes us to the understanding that, according to the experiential
record of practiced interrogators, Joran's second story is also a lie or,
perhaps, a partial truth. Maybe he did leave her on the beach. So, that
part would be the truth (making the new story easier to tell and swear
to). The various theories could then apply: Maybe she died accidentally.
Maybe he went back and buried her (maybe with Deepak's help). Maybe, later
he made arrangements (with perhaps a drug acquaintance) to have the body
removed and disposed of at sea. Pure speculation, of course.
It is important to consider
that in the practice of studying testimony and applying logic to the way
witnesses testify, especially concerning their own alibis, suspects who
provide an exculpatory alibi and then recant that story, have traditionally
done so because the truth (which they were trying to hide with the first
story) describes their involvement in a crime.
Joran's wanting to avoid
embarrassment reason for telling his first (now admitted lie) simply doesn't
rise to an appropriate level to assume any kind of logical justification
for providing a such a complicated cover-up story.
Further US case law references
on this subject:
"False exculpatory statements
are properly admissible as substantive evidence tending to show consciousness
of guilt."
United States v. Hudson,
717 F.2d 1211, 1215 (8th Cir. 1983) and cases cited therein.
This Circuit has repeatedly
held that an instruction of this nature:
"is properly given when
a defendant . . . offers an exculpatory explanation which is later proven
to be false."
Wells, 702 F.2d at 144;
Hudson, 717 F.2d 1211;
See also Rizzo v. United
States, 304 F.2d 810, 830 (8th Cir.), cert. denied, 371 U.S. 890 (1962),
and cases cited therein.
See further, Wilson v. United
States, 162 U.S. 613, 620-21 (1896) indicating that such conduct formerly
gave rise to a "presumption" of guilt. |
It is easy to see why so
many people (including the television show talking heads) remain convinced
that at the least the three suspects have not told the whole story and
worse they are covering up for a serious crime which some speculate was
disposing of the victims body after an accidental death and some think
even murder. Hopefully, investigators are not at a dead end. The
best approach in some people's opinion would be attractive awards for people
giving information, which would lead to the arrest and conviction of anyone
who participated in a crime.
Courts in many circuits
have approved giving juries instruction of this nature:
"False
exculpatory statements are properly admissible as substantive evidence
tending to show consciousness of guilt."
See, in addition to the
Eighth Circuit cases cited above,
United States v. Zang, 703
F.2d 1186, 1191 (10th Cir. 1982), cert. denied, 464 U.S. 828 (1983);
United States v. McDougald,
650 F.2d at 533 [noting that such instructions "have long been approved
by the courts" (citing Wilson)];
United States v. Boekelmon,
594 F.2d 1238, 1240-41 (9th Cir. 1979);
United States v. Pringle,
576 F.2d 1114, 1120 (5th Cir. 1978). |
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