This man belongs in prison: Former IFPD Detective, and I.F. Mayor, Fuhriman. |
There are abundant
reasons to be grateful that we do not live under the Old Testament
“lex talonis” legal covenant, and one compelling reason to lament
that this is so: Under the system of justice described in the Book of
Deuteronomy, a lying police officer and corrupt prosecutor who
falsely convicted an innocent man would be required to suffer the
punishment intended for their victim.
Under that legal
principle, former Idaho Falls Police Detective Jared
Fuhriman and former
Bonneville County District Attorney Kip Manwaring would be
serving a sentence of 30 years to life for the
wrongful murder conviction of Christopher Conley Tapp.
Former DA Manwaring. |
Angie Dodge was
murdered in her Idaho Falls apartment on or about June 13, 1996. The
perpetrator entered the apartment without forcing entry, and was
strong enough to overcome the determined resistance of an athletic
woman who was six feet tall and weighed roughly 180 pounds (the
victim’s body displayed “defensive wounds”). Although there was
semen deposited on the victim’s upper torso, a post-mortem
determined that she had not been raped. The crime scene evidence made
it clear that this abhorrent act was carried out by a lone
perpetrator. That evidence also excludes Christopher Tapp as a
legitimate suspect.
Tapp
has been imprisoned for nineteen years
-- nearly half his life -- for a murder he didn't commit,
after being forced to confess through a month-long ordeal of
protracted interrogation involving of threats and psychological
duress.
This is the conclusion of a non-profit activist organization called
"Judges for Justice," a group of retired judges and
criminal
investigators
who review suspected cases of wrongful conviction.
A newly released
video documentary by the group, which is available on YouTube,
analyzes the methods used by Idaho Falls Police Detective Jared
Furhiman and
his colleagues to suborn Tapp into ratifying false accusations against a friend -- and then to make a false confession. Somber in tone and
devoid of sensationalism, the Judges for Justice documentary deserves
at least as much attention as the Netflix investigative series
“Making a Murderer.”
Tapp lived in the
same neighborhood as the victim and considered her a friend. He also
knew Ben Hobbs, the Idaho Falls resident selected by the IFPD as a
suspect after he was arrested in Ely, Nevada for raping a woman at
knife-point. When he was brought in for questioning, Tapp was told
that he was being treated as a witness against Ben. However, a
detailed critique by Judges for Justice investigator Gregg McCrary, a
former FBI Supervisory Special Agent, points out that Detective
Fuhriman and his associates treated him as a suspect from the very
beginning.
Tapp during an appeal hearing. |
“Tapp was the
subject of nine interrogations over three and a half weeks, for over
20 hours,” notes McCrary. “Detectives refused to accept Tapp’s
repeated denials of involvement, arresting and jailing him when he
did not implicate Hobbs, then releasing him when he did so.”
The method used to
interrogate Tapp, commonly called the “Reid Technique,” has
frequently been used to manipulate suspects into false confessions.
Even so, Joseph Buckley, President of the John E. Reid &
Associates consulting firm, emphasizes that interrogators taught to
use this method are advised that “they should not try to talk a
suspect into believing that they committed the crime.”
This is precisely
what the IFPD investigators did under the direction of Detective
Fuhriman. McCrary observes that Fuhriman and his comrades ran the
table of methods expressly prohibited by the Reid Technique, such as
“threatening inevitable consequences”; “making a promise of
leniency in return for the confession”; “denying a subject their
rights”; and “conducting an excessively long interrogation.”
The
only evidence against Tapp is the confession he has since recanted.
An abundance of physical evidence was deposited by the killer at the
scene, including semen, hair, fingerprints, and skin cells. None of
it offers a match to Tapp.
Carol Dodge, the
mother of the murder victim, has spent decades trying to learn the
truth about what happened to her daughter and has become one of
Tapp’s most outspoken advocates – primarily because she wants
investigators to identify and prosecute the man who actually
committed the crime. On her own initiative and at her own expense,
Mrs. Dodge collected and reviewed scores of hours of video-recorded
interrogations, which left her convinced that Tapp had been
railroaded -- and also left her mortified by the knowledge that her
daughter's killer was left at large.
"I am at the
mercy of the city of Idaho Falls and the prosecution to find the one
and only killer of my daughter," Mrs. Dodge despairingly
observes. "They need to do their job."
Tapp became
entangled in the investigation not only because he was a friend of
the man originally suspected of the murder, Ben Hobbs, but also
because he was known to lead investigator Detective Fuhriman. Before
his promotion Fuhriman was a resource officer and DARE instructor at
Idaho Falls High School, where he had become acquainted with his
future victim.
On January 6, 1997 –
six months after Dodge was murdered, Hobbs was arrested for rape in
Ely, Nevada. Once the Idaho Falls Police – who had not been able to
make any headway on the case -- settled on Hobbs as a suspect, notes
a
report compiled by Judges for Justice,
“they stopped looking for suspects and worked to extract a
confession.”
They did this
despite the fact that they had known about a much better suspect
since the previous September.
At about 3:00 a.m.
on June 13, 1996, Angie
Dodge’s neighbor John Browning received a visit from a fellow
tenant of the Woodruff Apartments. In a subsequent affidavit
Browning recounted that the visitor, who asked for a cigarette, “had
blood on his clothes, scratches on his face and a rug burn on his
chin…. I remember seeing tape on his wrists.” Browning’s
ex-wife Gentri, who was never interviewed by police investigators,
later identified the man in a photograph taken in 1988.
The man in that
photograph is not Chris Tapp.
Browning himself was
approached at work by a plainclothes police officer in September
1996, and provided a detailed description of the blood-spattered
visitor. This included the fact that he was often seen riding a black
motorcycle with speakers attached by bungee cords. Once again, Chris
Tapp is not a match for this description.
Police
reports frequently mentioned a convicted rapist named Jeffrey Lynn
Smith, who did
match the visitor’s description.
For reasons never explained, the IFPD decided not to pursue that
lead. For reasons that are eminently explicable and legally
indefensible, the Bonneville County DA’s Office withheld those
facts from Tapp’s defense attorney, thereby committing a Brady
violation that by itself is sufficient to vacate the conviction –
or at least dictate a new trial.
After Hobbs was
arrested, he adamantly insisted that he had nothing to do with the
killing of Angie Dodge. When the available physical evidence
eliminated Hobbs as a suspect, the IFPD's theory expanded to include
a second man named Jeremy Sargis, and eventually a third,
never-identified man. Fuhriman sought to elicit from Tapp testimony
that could be used against Hobbs and Sturgis, feeding him details
about the murder and the crime scene and often misrepresenting the
evidence. After DNA tests disqualified both Hobbs and Sargis,
Fuhriman – no doubt acting under pressure from his superiors and,
most likely, his own ego – framed Tapp for the crime.
Tapp had been
carefully beguiled into believing that he was helping the police
learn the identity of the degenerate wretch who had murdered a
friend. He was shocked and disoriented to learn that another friend
was the perpetrator – and then terrified to discover that he could
find himself in prison, or facing execution, for the crime unless he
perjured himself. What he never realized until far too late was that
his captors were playing a cynical game of musical chairs, and that
he was the one left standing when the music stopped.
At first, Tapp was
offered an immunity agreement in exchange for testifying against
Hobbs. The prosecutor revoked that agreement after the story Fuhriman
had fed to Tapp was discredited by physical evidence. Tapp continued
to deny any knowledge of, or involvement in, the murder, and Fuhriman
continued to escalate his demands that Tapp ratify various theories
of the case.
During the initial
sessions, Tapp was interrogated without the benefit of an attorney.
After his mother intervened to obtain an attorney for him, the police
arrested Tapp on a charge of "accessory to a felony" -- on
the basis of his agreement with a false narrative they had dictated
to him. Tapp was held for six days, then interrogated until he broke
and provided them with the spurious confession they sought in the
belief that this was the only way he could avoid the gas chamber. At
one point, as the emotionally battered suspect refused to admit to a
crime he didn’t commit. Fuhriman – a prominent leader in the lay
priesthood of the Mormon Church – invoked the concept of religious
absolution, insisting that Tapp would receive some kind of divine
favor if he agreed with the false narrative being imposed on him.
“This is a false
confession,”
summarized McCrary of Judges for Justice in a 2014 report to the
Bonneville County Prosecutor’s Office.
Fuhriman and his colleagues “manipulated Mr. Tapp through a series
of explicit threats and promises, used false evidence ploys, asked a
host of leading questions and continually contaminated the
interrogation by disclosing nonpublic details of the crime and crime
scene while naming suspects speculatively, all of which was
improper…. These detectives never attempted to validate Mr. Tapp’s
repeated denials. The detectives had prematurely moved from an
evidence-based investigation to a suspect based investigation, with
only mere speculation linking their favored suspects to the crime and
crime scene.”
Rather than pursuing
leads in the search of the truth, Fuhriman and his cohorts, who
displayed “tunnel vision, confirmation bias, group think,
organization momentum, and belief perseverance,” are guilty of what
Judges for Justice describes as “noble cause corruption” – the
belief that the virtuous end of punishing a hideous crime justified
the use of dishonest and criminal means.
Last
April, the Bonneville County Public Defender’s Office filed a
petition for post-conviction relief,
on Tapp’s behalf, citing the fact that DNA evidence collected at
the scene excludes Tapp as a suspect. Three years earlier, a previous
petition was denied by Idaho Seventh District Judge Joel Tingey, who
claimed that Tapp hadn’t proven that he was in police custody at
the time he made the indisputably false confession.
Convenient timing: Mayor Fuhriman announces his "memory" disorder. |
Significantly, Jared
Fuhriman, who had twice been elected Mayor of Idaho Falls by the time
Tapp filed his first petition for relief, wasn’t able to offer
testimony on the basis of the
unexpected but conveniently timed appearance of a “memory
disorder.”
Although he clearly harbored political aspirations beyond Idaho Falls
City Hall, Fuhriman declined to run for a second term after NBC
Dateline broadcast a program devoted to the Chris Tapp case, and has
apparently retired from public life.
Judges for Justice
has slammed the Idaho appellate court system for its
refusal to reconsider the case,
a decision that appears to be motivated by a desire to protect the
personal and institutional reputations of those responsible for
sending an innocent man to prison – and allowing a murderer to go
free.
Tapp will not be
eligible for parole until 2027. One condition of parole would
be that he admit to the crime – and pass a polygraph examination
certifying that his confession is sincere. Ironically, Tapp was
maneuvered into a false confession with the help of IFPD Detective
Steve Finn, a polygraph examiner who conspired (no other word is
suitable) with Fuhriman to manipulate the suspect into falsely
incriminating himself.
One detail in the
story concocted by Fuhriman that betrays its origins in his
imagination is the claim (noted in McCrary’s report) that “Hobbs,
tap and UNSUB were under the influence of a significant amount of
marijuana” at the time they supposedly gang-raped and murdered
their victim. Fuhriman, it will be recalled, was a DARE instructor
paid to peddle “Reefer Madness”-grade prohibitionist propaganda.
It is doubtful that
even Harry
Anslinger, the deranged and race-obsessed grandfather of the Drug
War, would credit the idea that young men blitzed on weed would
rape, strangle, and mutilate a young woman. In fact, by the 1950s
Anslinger’s chief objection to marijuana was that consuming it
would leave young men too torpid and pacifistic to take up arms
against the Commies. Fuhriman’s view of marijuana as a Satanic
Communist Demon Weed capable of turning upright young men into
murderous sex fiends was about seventy years behind the
prohibitionist curve, but it still played well in Puritanical
southeastern Idaho.
The methods used by
Jared Fuhriman and his comrades to extort the false confession from
Tapp were broadly congruent with those employed by child sex
predators to groom and exploit their victims. Although no physical
violation was involved, the Idaho Falls Police Department gang-raped
Chris Tapp, which is an on-going offense while that innocent man
remains in prison and a protected murderer -- assuming he hasn't paid his debt to nature -- continues to walk free.
This week's Freedom Zealot Podcast also examines the wrongful conviction of Christopher Tapp:
Dum spiro, pugno!
Dum spiro, pugno!
Will, Anthony Gregory wrote the perfect companion piece to your own excellent articles : https://mises.org/library/law-enforcement-socialism I'm sure you have read this but for the benefit of your reader's the link is https://mises.org/library/law-enforcement-socialism. Anthony explains that the judiciary, the assemblage of police, prosecutor, courts, and prisons produce such a horrible product because the judiciary is a socialist enterprise. Political control blocks customer's normal consumer power, their normal ability to vet competing services in a free market subscribing with the good providers while cancelling subscriptions with the bad. In addition to Anthony's great analysis there is also the historical origins of the judiciary. The 'business model' of the medieval European aristocracies was plunder: Organize an army bigger than competing feudal warlords, seize territory, establish yourself as the monopoly plunderer. In time the judiciary replaced the army as a more effective administrator and organizer of plunder in already conquered territories. At the same time in Western Europe the idea of individual rights begins to emerge independent of and adversarially to the judiciary. Magna Carta put restraints on King John's taxation of the barons. Habeas Corpus amounts to resistance to the judiciary. 1776 was a tax rebellion and struggle for enhanced individual rights waged against the British judiciary then operating in the colonies. Now the judiciary was not dismantled in the revolution of 1776. Anthony Gregory's free market justice and security regrettably did not emerge to replace it. Rather its control simply passed from the British monarchy to the victorious American political class. Under control of the American political elite, the judiciary readily went on to enforce slavery, readily enforced and affirmed Jim Crow (Plessy Ferguson SCOTUS 1896), readily fell in line with political classes Prohibition and subsequent War on Drugs. The history of the Judiciary for its thousand year existence has been the history of a subject people under domination of a political elite. And so the articles you write so well are if you like the predictable consequence of a judiciary whose origins lie in the bureaucratization of plunder in medieval Europe. I don't see how one can ever hope to reform the judiciary. Rather its a question of consumers connecting the dots, of grasping that the great material wonders delivered by the free market and private enterprise could likewise be delivered in the realm of security and justice once these services are likewise brought under free market consumer control.
ReplyDeleteConsumers?Last I checked I am a HUMAN.
ReplyDeletethe definition of hu-man is monster.
ReplyDelete