RE:"Pretext" telephone calls

["Rob Zucco" <rzucco@xxxxxxxxxxxxx>]

Regarding this thread:

I am a prosecutor from New York State who specializes in child matreatment/abuse prosecution.  The investigative tool described is completely legal in most states.  "My" investigators have used it many times in cases I have prosecuted, with excellent results.  The "pretext" must be such that it would not lead a reasonable, innocent person to falsely confess.  (An example is for the victim to call the suspect and tell him that "mom found my diary... it tells everything about what we did.  She says she is going to the police.  What should I tell them?")

We have a rule that the victim must be linked up to a therapist who approves the child (usually an adolescent) being involved in such a "trick" from the child's mental health perspective.  Also, care must be taken in preparing the child for testimony, so that she does not believe that it is "okay" to lie.

If anyone is interested in court cases approving this procedure in New York, e-mail me and I will provide the citations.

Robert A. Zucco
Assistant District Atorney
Niagara County, New York State, USA