Self-Incrimination and Mind Games; The Interrogation of Minors

Self-Incrimination and Mind Games; The Interrogation of Minors

Robert C. Phillips
Deputy District Attorney (Ret.)
January, 2016

Thirteen-year-old Elias V. lived with his parents in an apartment complex in Santa Rosa.  His friend, nine-year-old Hector T. and Hector’s three-year-old sister, A.T., lived across the hall.  On October 6, 2012, the three of them were in a bedroom in Hector’s apartment playing video games; Hector sitting on the floor and Elias on the bed.  A.T. was also on the bed. 

At some point Hector’s mother, Aurora, interrupted their privacy, entering the room just as Elias was attempting to help A.T. remove her pants.  When Aurora asked what was going on, a “surprised” and “scared” Elias responded that A.T. had asked him for help taking her pants off so she could go to the bathroom. 

Neither Aurora nor Hector saw Elias actually touch A.T.  But later, A.T. told Aurora and others that Elias had “touched me.”  Aurora did not contact the Sonoma County Sheriff’s Department, however, until October 23, some 17 days after the incident.  During that 17 days, some altercations between Hector and Elias’ respective fathers occurred.  Also, the landlord got reports that Aurora’s friends and relatives were drinking and partying too much, causing disturbances and other problems in the apartment building. 

Aurora and her family were told on October 22nd that they were being evicted.  The next day Aurora reported the incident between Elias and A.T. to the sheriff.  Elias’ attorney later argued that Aurora had concocted the charge against Elias and contacted the sheriff only because she had just learned that the landlord intended to evict her family, and ....

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