“Mr. Big” Interrogation: An Adolescent Case Study

leaky20 (65)in #philosophy • 9 years ago

Warning Contains Graphic Content

Concerns over the “Mr. Big” technique are highlighted in the case of R v. NRR, (2013) in which an adolescent delinquent confessed to the crime of double homicide murder while unknowingly engaged in a “Mr. Big” operation. During a preliminary court examination, NRR’s defence argued that the statements made to Mr. Big were inadmissible on the grounds that they were false and that they were obtained in a way that violated NRR's constitutional rights. Luckily for NRR, the presiding judge agreed. Not only did the operation violate NRR constitutional rights to liberty and protection against self-incrimination, but it also highlighted concerns of process abuse by state officials. The police officers exploited the youth’s vulnerabilities which raised concerns over long term psychological trauma for the youth.

The Homicide (Graphic)

RCMP officers located the deceased body of Mr. Boenke on the lawn between two trailers. The body was found to have three .22 calibre gunshot wounds, one to the shoulder, one to the forehead and one above the left eyebrow which inevitably caused Mr. Boenke’s death. The body also sustained blunt force trauma wounds to the back of the scalp which fractured the skull. The body of Ms. Trudel was found in the kitchen of her trailer. Her body was found to be lying on the floor with her head in a large mixing bowl that contained a large quantity of blood. A bottle of bleach and a full size axe lay beside her. Blood smeared the door window and other parts of the trailer. Like Mr. Boenke, Ms. Trudel sustained several gunshots to the head and blunt force trauma wounds that fractured her skull.

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The Suspect

NRR was a 16 year old adolescent who was charged with second degree murder for the homicides of Mr. Boenke and Ms. Trudel. NRR confessed to the crime while unknowingly engaged in a “Mr. Big” interrogation operation. NRR became the subject of the operation after suspicion homicides fell on him and his accomplice ADS and after their preliminary trial. During a police interrogation at the initial time of his arrest, NRR repeatedly denied any knowledge of the homicides. At the time of the operation NRR was a ward of the state and was currently residing in a facility meant for troubled youth.

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NRR’s psychological assessment concluded that the youth had a history of trauma, that he was immature socially and that he was vulnerable to manipulation. He had a desire to fit in with his peers and was classified as a people pleaser by a clinical psychologist. Growing up NRR had experienced many occasions of verbal and physical abuse and he was exposed to domestic violence which left him with clear and evident fears of abandonment and rejection. He was sexually abused by an uncle and had a strong fear of older men. NRR moved between several foster homes growing up and overall his life up until the point of the “Mr. big” operation, was one of social isolation, rejection and abandonment.

The Mr. Big Operation

After the judge stayed the proceeding against the accused, a “Mr. Big” operation was carefully tailor to NRR’s specific vulnerabilities and implemented shortly after. The operation took 5.5 months, involved 6 RCMP officers and 29 scenarios and cost approximately $205,551.00

Over the course of several months NRR was befriended by several undercover officers claiming to be a part of a larger criminal organization. He was put up in a nice hotel with sufficient groceries. He was taken out for dinner and he was paid generously for completing minor work tasks. The officers often spoke about a promotion within the organization and further financial rewards. During conversations with the officers the homicide of which NRR was accused, was often brought up and he was periodically lead to the original scene of the crime. During such outings, NRR often spoke of the fact that he was the subject of the investigation and was being charged with the crime. However, he never actually admitted to committing it. It wasn’t until later, at the time of his promotion and his meeting with Mr. Big, that NRR confessed.

The Confession (Graphic)

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NRR stated the he and his friend ADS broke into several trailers and stole a duffel bag full of “stuff,” including a .22 caliber pistol. He said that they were in the middle of robbing Ms. Trudels trailer when they heard a phone ringing outside. The boys went out and NRR beat the “old guy” with a 2x4 and then shot him in the head right between his eyes. He then hit him with the flat side of an axe and the head exploded with blood everywhere. NRR stated that he then shot Ms. Trudel in the chest, dragged her body into her trailer and put her head in a bowl. To throw off the police, he dipped the axe in blood and swung it several times to spray blood on the ceiling. He then he used bleach to clean the gun and axe. He stated that the woman’s freezer was full of crack cocaine, that the boys wore plastic baggy things over their shoes and that they wore a “bunny suit kind of thing.” NRR’s story changed on several occasions when talking to the undercover officers.

Exploiting NRR’s Vulnerabilities

Arguably the most disturbing aspect of the case is the fact that the state may have acted in a way that was abusive towards NRR and that there was a chance that the operation inflicted long term psychological damage on the adolescent. Though the officers likely did not know the extent of NRR's troubles, it is reasonable to conclude that the that they were aware that he was a troubled and vulnerable adolescent.

When discussing the “Mr. Big” operation with the clinical psychologist, she stated that when put in such a scenario, NRR would likely be agreeable to the officers and tailor his statements to what he thought they wanted to hear. The psychologist also stated that NRR would likely fear being rejected and abandoned and that the operation would probably have a future psychological impact on his ability to trust others.

The “Mr. Big” operation appealed too many of NRR’s characteristic vulnerabilities. For instance, the officers instilled in NRR a strong sense of trust and friendship, which are both important human needs that NRR longed for. NRR was an individual who received very few opportunities in life, who had no job prospects and who had never experienced the love, care and support of a real family. All of these vulnerabilities were exploited by the officers. NRR was provided with high paying job that required little effort. He was given groceries and put up in a hotel room which he could reside in and use to entertain his friends. NRR was taken out for dinner on many occasions and even on new and exciting experiences such as his first rock concert, snowboarding trip and hockey game. NRR was also made to believe that the undercover officers were his friends and that they truly supported and cared for him. They bought him a beer at a hockey game despite the fact that we was a minor. On several occasions NRR showed the officers reciprocal affection and shared with them some deeply personal aspects of his past, such as the fact that he was sexually assaulted by an uncle. However, despite NRR’s trust in the officers and his beliefs that they supported and cared for him, he was inevitably betrayed by them.

Despite the fact that the state was NRR’s legal guardian and held a responsibility to protect him, it none the less acted irresponsibly by allowing him to be the subject of a highly deceitful operation. The procedure not only provided a perfect scenario for NRR to falsely confess to a crime, but it also likely resulted in long term psychological damage for the adolescent.

The Judges Decision and Court Ruling

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The judge determined that even though the “Mr. Big” interrogation technique is considered non-custodial, NRR was in fact functionally detained by the state throughout the operation. For that reason NRR’s Charter rights were in effect and he should have been privy to the safeguards commonly used during in-custody interrogations. For instance, he should have been informed of his right to counsel and his right to not self-incriminate. The judge also determined that the statements made by NRR to police were coerced and grossly unreliable. Though NRR was not threatened by the undercover officers or fearful of harm, he was persuaded by expectations of significant rewards and benefits. NRR statements were made in a situation in which he could not see a downside to confessing and therefore held the notion that only positive outcomes would result by doing so. Furthermore, NRR’s statements did not align with evidence from the case nor with statements made by his accomplice ADS, who was also the subject of his own “Mr. Big” interrogation. DNA, gunshot residue and fingerprint evidence did not align with NRR and his confession contained several inconsistencies to other forensic evidence. NRR’s story also changed on several occasions when its credibility was challenged by Mr. Big and upon reviewing the transcripts and police reports, the judge determined that it seemed very likely that NRR attempted to tailor his story in a way that would impress and appease the organizations leader. For these reasons, the judge considered NRR’s statements to be unreliable and likely even false.

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