Police would be required to videotape the confessions of those arrested for the most serious felonies under a bill approved by the state Senate tonight.
The measure would create a legal presumption that a confession is inadmissible unless recorded. To overcome that presumption, the bill says there must be "a preponderance of ... evidence that the statement was voluntarily given and reliable, based on the totality of the circumstances."
It would only apply to Class A and B felonies, as well as capital felonies--the most serious categories of crime.
Proponents say the policy will lead to greater accountability and lead to more reliable confessions that will stand up better in court. "A recorded confession leaves no doubt as to its authenticity and the good conduct of the police officers who heard it,'' Sen. Eric Coleman, D-Bloomfield and co-chair of the legislature's judiciary committee, said in a statement. "This measure will make our criminal justice system more reliable and transparent.''
Sen. Edward Meyer, a Democrat from Guilford, said he was initially opposed to the idea. He said he was worried impromptu confessions would be deemed inadmissible in court if they were not videotaped.
Meyer cited the Cheshire murders, and the fact that suspect Steven Hayes blurted out "it all got out of control" when he encountered the first responding police officers. But Meyer said he became a supporter of the bill when he was assured that an exception would be made for such spontaneous confessions.
Municipal officials had argued that if the state imposes the recording requirement, it should provide funds for local departments. But proponents said many departments already have the technology and besides, it would not be that costly.
The bill still needs the approval of the House of Representatives. If it clears that chamber and is signed by Gov. Dannel P. Malloy, it would take effect on Jan. 1, 2014.
