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Tricks are for Cops

Police used deliberate deception in getting alleged rape victim to recant.

1) The section of Det. Thomas Woodmansee's police report that deals with Patty's confession.
2) Attorney Hal Harlowe's brief in support of his motion to suppress.
3) An attached statement from Patty's ophthalmologist.
4) Judge Aulik's ruling.

1) The section of Det. Thomas Woodmansee's police report that deals with Patty's confession.
Page 43 of 49

Case No: 33210
Confession by PATRICIA [redacted]
On 10/2/97, at approximately 6 pm, Patricia [...] came to the Detective Bureau per my request. Det. [Linda] Draeger and I then escorted [Patty] to an interview room where we spoke to her alone.
I then told [Patty] that I had completed my investigation and I told her, "I know who did this" to which [Patty] responded by saying, "but no proof'. I then told [Patty] that I believed she had made a false allegation and that she had lied about the incident and that there was no sexual assault or suspect. I observed [Patty] to begin to breath extremely heavy when I confronted her with this. She stated to me, "I'm not changing my story. I can't believe this. I'm scared to sleep in my room". She stated that "there was someone in there, he was in there a long time". I explained to [Patty] that there was a great deal of inconsistencies and lack of evidence and that I was convinced that she made this up. I told [Patty] that I had put a great deal of work into this case and that several other cases that I was assigned had to be put on hold because of this allegation. [Patty] responded by saying, "I know, I know it was for nothing".
[Patty] then stated that she wanted a lie detector test or maybe placed under hypnosis. Det. Draeger told her that she could hire a polygraph examiner, but we did not need to because we knew that she was lying to us about this incident. I told [Patty] that there were numerous inconsistencies and discrepancies in her account of the incident, including the fact that she claims not to have been able to see the suspect, yet her vision is not nearly as impaired as she had originally indicated. I told [Patty] that her vision does not even appear to be noticeably bad to me and she stated "I don't think it is that bad".
I told [Patty] that she needed to tell us the truth and put an end to this. She stated to me, "what do you want to hear? I'll say whatever you want". I told [Patty] that I wanted to hear the truth so that we could stop this. She stated, "If you're going to drop it, I'll say whatever you want". Detective Draeger then told [Patty] that she believes that [Patty] owes me an apology for lying to me and causing me to expend a great deal of effort and time in investigating this case. [Patty] responded by saying, "You're right, I'm sorry", as she looked directly at me. I continued by telling her that I wanted the truth and asked her why she made this up. I asked her, "Do you believe that I know this is a lie", to which she responded by saying, "yeah". [Patty] then responded by saying, "Okay, I'm lying". I asked her why and she stated she did not know why. I told her I found it difficult to believe she would not have a reason for making this up and she stated, "I'm honest, I don't really know why". I asked [Patty] at what point did she decide in her mind to make this up or was it spontaneous. [Patty] stated, "I'm sorry, I'm very sorry, I didn't mean for this to happen". I asked [Patty] if she has ever told anyone else that she was lying about this incident and she stated she did not. I asked her, "Did you ever consider telling me that you're lying" and she stated, "no". I asked [Patty] at what point specifically did she decide to make up the incident and she stated that she decided this in the morning that she reported the assault.
Det. Draeger and I then asked [Patty] at what point did she decide to name [redacted] as the suspect and why did she do this and she stated, "I honestly don't know". We asked [Patty] if her sister [redacted] had planted [redacted] in her mind for naming him as a suspect and she stated she did not know.
I asked [Patty] if she cut herself with the knife and she stated that she did. I asked her where the knife came from and she stated "the knife came from the kitchen". I asked her if she cut herself only once or if she cut herself more than once on her finger where she received stitches. She stated that she cut herself only one time on her hand and then put her hand by the pillow. I asked [Patty] if she cut herself or marked herself on the neck with the knife by pushing it or dragging the knife against her neck and she stated that she dragged the knife against her neck. I asked her where the knife was now and she stated, "I don't know what I did with it". [Patty] then told Det. Draeger and I, "I wish I were dead".
I then asked [Patty] to estimate the number of times she spoke to me and lied to me. She stated that she saw me three different times. I asked her, "so every time you saw me, did you lie to me every time", to which she responded by saying, "yeah". [Patty] continued having a difficult time explaining why she made the false allegation after she admitted that she did lie. We asked her if she had attempted suicide the morning of this incident and she stated she had not. Det. Draeger asked her if her being on Prozac had an impact on her and she stated that Prozac isn't a mood altering drug and it did not. I explained to her that I wanted to put a reason in my report as to why she made this up so it did not look like she was doing this for no real reason and she stated, "I'm sorry, I just can't". [Patty] continued to have difficulty in explaining the reasons why she did this and would go back and forth in stating that she made it up and then still believed that someone did break into her apartment. At approximately 7:95 pm, we took a break and Det. Draeger and I left [Patty] alone in the interview room.
At approximately 7:10 pm, we returned to the interview room and I provided [Patty] with another cup of coffee. Det. Draeger then asked [Patty] some questions, including questions about when [Patty] told me she had hid in the closet, was that a lie, and [Patty] stated that it was a lie. Det. Draeger asked [Patty] if she was the one who dumped the perfume on her bed and she stated, "I dumped the perfume on the bed". We asked [Patty] if she knew she was going to lie about this when she woke up and she stated, "Yeah". We asked her if she was planning to lie to the police even prior to waking her daughter up and then called the police and she stated that she was. We asked her, since there was no one in her room that woke her up, if it was her alarm clock that woke her up that morning and she stated, "I think so". Det. Draeger asked her what she did after the alarm went off and [Patty] stated, "Probably got up and smoked a cigarette, cause I usually do". [Patty] stated that the TV was on when she woke up.
Det. Draeger then asked [Patty], "Did you absolutely lie about this and plan to lie to the police about this" and [Patty] stated, "Yeah". We then asked [Patty] if she did plan to lie about this, why is it so difficult for her to give us a reason, to which she responded by saying, "I can't". Det. Draeger then asked [Patty] if she "just wanted the attention" and [Patty] responded by saying, "apparently". Det. Draeger asked [Patty] if she was seeking attention from her relationship with her sister [redacted] and she stated, "no". She asked her if she was seeking attention from her relationship with her boyfriend [redacted], to which she stated, "no". We asked her about her daughter and she stated "no". Det. Draeger asked [Patty] if this had hurt her relationship with her daughter and she responded by saying, "not really". Det. Draeger then asked her if she felt closer to her daughter the morning of the assault and [Patty] stated, "yeah".
Det. Draeger also asked [Patty] whether the Prozac had an impact on her making this story up. [Patty] stated, "it's not a mood altering drug. I've been on it for years". She stated she takes it every day and she does not believe this impacted her concocting this story.
I asked [Patty] how she felt right now at this moment and she stated, "pretty bad and sad". I asked her why she felt bad and sad and she stated, "How many people it's touched". I then asked her what should happen to her for lying to us about this and she stated, "I guess I don't know". Det. Draeger and I then expressed our concern to [Patty] over her present mental state and whether or not she was at risk to hurting herself. [Patty] stated that she was not feeling suicidal at this time. I commented to her about an earlier statement when she disclosed the truth about this and she said something about wishing she were dead. [Patty] stated that she has been seeing a psychologist named Linda Mauston [incorrect spelling], who works at 1400 E. Washington Avenue and that she would like to talk to her this evening about this incident. [Patty] stated she has not seen or spoken to Mauston for several months, however, she would be the best person for her to talk to because she knows her very well.
I attempted to make contact with Linda Mauston but was unable to reach her. I explained to [Patty] that she would not be placed under arrest for obstructing at this time, but I was concerned about just releasing her on her own to go home because it was evident she was feeling upset over disclosing the truth about this incident. I then spoke with the OIC, Lt. Morgan, who concurred that we should take [Patty] to Dane County Mental Health for assessment and determining whether or not she was a risk to harming herself.
At approximately 8 pm, I took [Patty] to Dane County Mental Health. While enroute there, I asked her if she could better tell me why she thinks she made this up and she stated she did not know. I asked her why she made up the story about her going into the closet and she stated, "I don't know, I don't remember why". I then asked her if she really did go into the closet during the morning when she reported the assault and she stated, "no".
Upon arrival at Dane County Mental Health, I met with workers Judy Roethe and Romana Norton and apprised them of the investigation and [Patty]'s disclosing that she had made a false report. I explained that I was concerned that [Patty] had the capability of harming herself, based upon a past suicide attempt, along with her comment about wishing she were dead tonight. I also explained that we were unable to reach [Patty]'s psychologist.
I then sat down with [Patty] and Rothe and Norton and they talked to her about how she was feeling, along with the importance of accepting her responsibility for making this story up. [Patty] stated that she was not worried about hurting herself, but was concerned as to how she was going to disclose this information to her friends and relatives. She stated that she felt it was best for her to talk to her therapist the following day to come up with a plan as to how to approach this situation. [Patty] did acknowledge that she had made the story up to Roethe and Norton. They asked her to call them when she returned home and then to call them in the morning as a verbal contract, to check on her welfare. [Patty] agreed to do this. I then transported [Patty] home.
While enroute to her residence, I asked [Patty] how she was feeling at this moment. She stated, "embarrassed, I don't know what I'm going to say to my family and friends". I asked [Patty] if she would like me to help her in disclosing this information, specifically to her boyfriend, [redacted], and she stated that would be good and she would welcome my help. I asked her if her daughter was going to be upset over learning that she had not told the truth to her and she stated, "she'll be okay". I asked her if she was very close to her daughter and [Patty] stated, "We've really never been close". I then pulled up next to [Patty]'s home and asked her to call me the following day after she had spoken to her therapist. I told her that it was important that she telephone me. I also expressed my concern to [Patty] that she had the ability to recant her confession and that I thought it was important that she talk to people about this as soon as possible. I asked her if she was feeling like hurting herself at all and she stated, "no". [Patty] then stepped out of the vehicle and stated, "Thank you Tom, thank you".
On 10/3/97, as of 7 pm, I did not receive a telephone call from [Patty] or her therapist. I then telephoned her at home and [Patty] stated to me that she was now denying that she had made up the story and that she felt pressured into telling me that she had lied about it. She stated, "I can't say that Tom, I just can't say that". I then explained to [Patty] that she would be charged with obstructing and the department would also be releasing information to the media about this incident to inform the community so that they would know that there was not a suspect at large.
At approximately 11:30 pm, I spoke to [Patty's boyfriend] and he stated that Patty had called him and hung up on him and said there was no physical evidence and that the police did not believe her. [Redacted] stated he is still concerned that [Patty] could inflict harm to herself, based upon his experience with her. I explained to [redacted] that [Patty] had confessed that she had made it up, but then recanted her confession. I told him that he could telephone me if he had any questions or concerns and he stated he understood this.
On 10/7/97,1 spoke to [redacted] and advised him that he was no longer a suspect in this investigation and that [Patty] had confessed that she had made this up. [Redacted] stated he had already heard this thru his girlfriend [redacted] and that he was considering suing [Patty] for naming him as a suspect. I then spoke to [the girlfriend], who was with [the former suspect], and told her that I had received a message to call her. [Redacted] stated that she would like to talk to me about the investigation and I told her that would be fine.
On 10/7/97,1 also spoke with [Patty]'s psychologist, Linda Mauston, and arranged to meet with her at a future date. Mauston stated that she has spoken to [Patty] but this was the first she had heard of [Patty] having claimed to be sexually assaulted.
On 10/10/97, I spoke with the DA's office and advised them that I would be forwarding my report to their office for charges of obstructing on Patricia [redacted]. I also told the DA's office that the Madison Police Department has received repeated calls for concern throughout the community over our inability to apprehend the suspect in this investigation and that we would be releasing information to the media to advise the community that the report was false.
Case status: Referred to DA's office for a charge of obstructing.
SUPERVISORY OFFICER:

REPORTING OFFICER: [signed]______________________ Det. Tom Woodmansee, Detective Bureau
[End of document.]

2) Attorney Hal Harlowe's brief in support of his motion to suppress.
3) An attached statement from Patty's ophthalmologist.
4) Judge Aulik's ruling.


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