Inge Sebyan Black Read online

  That is true. But I learned in TV news that a videotape is worth a million

  words when it shows the body language of a smirk or arched eyebrow, the

  physical and verbal gyrations of an agonized confession, a vocal tone of arro-

  gance or sarcasm, or the hysterical sobbing of an interviewee repenting their

  criminal deeds. There is no substitute for an effective investigative interview

  of a human being.

  Many years ago, I investigated a powerful politician who was lining his

  pockets with graft and was introducing legislation that benefited his hidden

  Preface

  xxi

  personal financial interests. The documents I collected laid out the facts in

  great detail. But it was the TV investigative interview, in which the politi-

  cian nonchalantly and flippantly admitted his misconduct without any vis-

  ible remorse, that told the full story and gave it life. His political career fizzled quickly after the TV audience saw and heard his performance.

  So what are the traits of truly great investigative interviewers? They have

  constant curiosity and an unquenchable thirst for knowledge. They prepare

  for an interview by researching in advance as much information as possible.

  They know what the answers to questions are likely to be before they are

  asked. They know that asking obviously well-informed questions helps cre-

  ate a sense of intimacy and often throws the people being questioned off bal-

  ance by signaling that the interviewer is not to be taken lightly. They know

  how to quickly establish rapport and personal chemistry with the interview

  subject, then ask a blend of both open-ended and pointed questions with

  impeccable and precise timing while carefully listening to the responses

  to achieve successful results. They are excellent listeners of the spoken word

  and observers of unspoken body language. They can be simultaneously both

  gentle and tough questioners. They have a taste for going for the jugular

  while instinctively knowing when to back off or shift gears if the interview

  takes unexpected and useful turns. And they know how to keep their own

  emotions in check while hearing the most graphic and disturbing

  revelations.

  Investigative interviewers usually make their biggest mistakes when they

  become impatient and try to speed up interviews to get key information.

  A skilled interviewer understands the value in taking plenty of time to listen

  and elicit information. Speeding up the process usually creates more prob-

  lems than it solves, especially when interview subjects lose their comfort

  zone and begin to evade or clam up.

  Skilled interviewers also know when to ask a pointed question and then

  shut up. Staying silent often causes an interview subject to fill in the uncom-

  fortable gap by carrying on the conversation and inadvertently disclosing

  valuable information. Most people need some time to grapple with their

  thoughts and develop a response. Often a gem pops out of the interview sub-

  ject’s mouth just because the questioner was silent.

  The best interviewers always invite the last word from those being ques-

  tioned. They ask whether there is anything else that should be discussed or if

  there is any question the other person would like to ask. Sometimes an unex-

  plored angle reveals the most useful information. These techniques and

  much more are explained in depth in The Art of Investigative Interviewing.

  xxii

  Preface

  Investigative interviewing skills are not easy to acquire. It takes years of

  practice and experience to perfect them. As a veteran investigative journalist

  and private investigator, I say without reservation that this book will

  help you. Study it carefully and keep it handy for future reference. I am con-

  fident that the knowledge gained from studying The Art of Investigative Inter-

  viewing will greatly help shorten the learning curve for you to become a

  master of the art.

  Good luck in your continuing search for truth and justice.

  Pat Clawson

  Private investigator former investigative reporter for CNN

  and NBC News, Flint, Michigan, and Washington, DC

  INTRODUCTION

  When I was approached to write this third edition of The Art of Investigative

  Interviewing, it seemed more than a coincidence. Charles Yeschke, author of

  the first and second editions, had been a friend and mentor to me for over

  25 years. For many years Chuck and I were both involved members in the

  Minnesota Chapter of the American Society for Industrial Security (ASIS)

  International. In my young career, I had attended one of Chuck’s classes on

  interviewing, and he autographed his first edition of this book for me.

  Chuck went on the write the second edition. I felt honored and privileged

  to be asked to write this, the third edition, because of the connection I had to both Chuck and to the subject matter. The title, The Art of Investigative Interviewing, is so significant and relevant because interviewing is indeed an art.

  When I started my career in security management after studying both law

  enforcement and criminal justice, most of my peers and definitely most of

  my predecessors had came from either a military background or a law

  enforcement background. The interviewing techniques used through the

  1980s, which incorporated coercion and confrontation, are definitely differ-

  ent from the communication techniques used in 2013. Investigators in the

  corporate and private sector did not have to use the Miranda warning (since

  1966 it had become the practice of police investigators to read suspects their

  rights before questioning). Over the years I trained in both the Reid tech-

  nique of interviewing as well as the Wicklander-Zulawski approach. Over

  years of experience and training, skilled interviewers fine-tune their skills,

  along with honing their personal styles, to become successful interviewers.

  My philosophy is to approach each interview with the knowledge that

  there is a high probability that you may only get one chance to interview

  your subject and to be fully prepared so that it can be successful in giving

  you whatever information you are searching for.

  My goal in writing this book is to pass some of the skills I have learned

  through the years onto new interviewers or those who only rarely conduct

  interviews but who need the information as much as skilled interviewers do.

  Interviewers have to draw on elements from psychology, philosophy, and

  sociology as well as from their own personal empathy, respect, and compas-

  sion. We discuss all these elements throughout the book, along with the

  importance of preparation and determining the goal of each interview.

  xxiii

  xxiv

  Introduction

  We also discuss other factors that should be considered, such as the setting,

  location, and intensity of the interview.

  Each interviewer brings unique skills to the task because of his or her

  personality and experience. Interviewing is indeed an art because each of

  us is unique in how we conduct interviews.

  Inge Sebyan Black

  1

  CHAPTER

  So You Want to Be an Investigative

  Interviewer?

 
; INTERVIEWING, INTERROGATIONS, AND INVESTIGATIONS

  There are hundreds of books on interviewing, interrogations, and investi-

  gations for law enforcement, but if you are in the private sector or work

  for a corporation, there are differences. Those differences can often work

  in your favor. This book is written for those of you who will conduct inter-

  views outside of a law enforcement environment. The one big difference in

  the United States is that if you are in the private sector, you are not required to read the Miranda warning before questioning a suspect. We also have no

  time restrictions when talking to employees about company business. We

  also have access to employees’ company computers, company cell phones,

  or any other equipment that is owned by the company, without a search

  warrant.

  In the chapter ahead, we discuss the Miranda warning questions and

  answers, interviewing techniques, deception, and evidence. In this chapter

  we examine what it takes to be an investigative interviewer and some helpful

  tips for when the time comes to conduct that first interview. You might not

  be a private investigator; you could be a human resource specialist, asset pro-

  tection associate, insurance investigator, loss prevention officer, security

  director, or owner of a business. If you take away anything from this book,

  the author hopes it will be an understanding of the importance of preparing

  for an interview and how in these times, research is infinite and critical to a

  successful interview. That first interview might be the only chance you’ll

  ever have to talk to your interviewee. As a private investigator, one shot

  may be all you’ll get.

  Investigative interviewing is definitely an art. It is an art because no two

  people are the same, which translates into every interviewer having unique

  mannerisms and techniques. Each will bring to the process different compo-

  nents, including personalities, traits, and styles. Individual style will be determined by the interviewer’s work experience, personal life experience, and

  training. There are as many variables as there are individuals. No one can tell

  you what to do, what to ask, or what to say. What I can tell you is that with

  1

  2

  The Art of Investigative Interviewing

  training and practice, you can be a successful interviewer. Through practice,

  you can perfect your individual style. All of the suggestions and descriptions

  in this book are just that—suggestions. They represent one or two individual

  styles, but not yours. Your style is unique to you.

  In this first chapter we discuss some tools that I have personally found to

  be useful. You may also find some of these useful, or maybe they won’t apply

  to the interviews you conduct, or maybe they simply don’t work with your

  personality. In Chapter 6 we discuss differences between public and private

  interviewing, and in Chapter 11 we look at questioning techniques.

  BENEFITS OF BEING A NOTARY PUBLIC

  One investigative interviewing tool is obtaining authorization as a notary.

  Depending on the country you live or work in, this might not be possible.

  In Canada, being a notary varies among provinces and territories and the

  process can take years. For example, in Quebec and Manitoba, only individ-

  uals with law degrees can apply to be notaries. In British Columbia, an appli-

  cant only has to have taken a university course. In Ontario, they allow both

  lawyer and nonlawyer notaries public, but if you are not a lawyer, there is a

  three-year term appointment and application is through the attorney gen-

  eral’s office. In the United States, a notary public is someone appointed

  by a state government. In 32 states, the main requirement is to fill out a form

  and pay a fee, whereas other states have restrictions on applicants with crim-

  inal histories. In 18 states, applicants have to take a course, pass an exam, or both. These are just a few examples of how becoming a notary will vary by

  locale.

  Being able to interview a subject, take a statement, and notarize it elim-

  inates the consequences of what could happen if the interviewee refuses to

  meet with you again. Being a notary ensures that the interviewee’s statement

  and signature are captured the first time. You also do not need to be con-

  cerned about having a witness who is also a notary with you. Meeting and

  interviewing someone that first time might very well be the last time. If you

  are with a law enforcement agency, you will likely find it easier to see and

  interview someone multiple times, but in the private sector this is not always

  the case. In many interviews I have done as a private investigator, once I

  finished and have left the interviewee, something happened. That some-

  thing was that the interviewee suddenly realized that the information he

  gave me might affect a relationship, a job, or his family or might affect

  the interviewee himself in another way. Interviewees will likely realize that

  So You Want to Be an Investigative Interviewer?

  3

  they should not have talked to you. They have second thoughts, and when

  you go back to have them sign the statement, they suddenly can’t remember

  that they said anything and refuse to sign the document.

  The case that led to my becoming a notary was a sexual harassment and

  assault case that I worked on for my client, the lawyer representing the vic-

  tim. The key witness, who could substantiate the victim’s story, agreed to

  talk with me and provided information that would prove the victim’s story.

  The witness opened up and gave pertinent details of what he knew and saw.

  I was not a notary at this time (in 1994). I returned to the corporate office of the business involved, and the witness refused to sign or notarize the statement he’d made. He stated that after he spoke to me the first time, he real-

  ized that since he still worked at the company, he couldn’t risk his job by

  giving such a statement and refused to meet with me again. Of course, this

  adversely affected the victim’s case, and we had to look at alternatives to help support and win the case. This is when being a notary is invaluable.

  As a notary, you interview, obtain answers pertinent to the case, and

  write (in complete, clear, detailed sentences) the described facts as they were

  told to you, read the statement to the interviewee, and verbally verify what

  they told you. If the statement is correct, the interviewee needs to sign and

  date the document, at which time you will notarize it. I can’t tell you the

  number of cases that I successfully concluded because of the handwritten,

  notarized statement. Another case involved three individuals who had

  assaulted another individual and had bribed and threatened approximately

  six witnesses. I interviewed all the witnesses, who eventually lied on the

  stand in court. However, I had taken all of their statements by hand and

  notarized them, and the case was won based on these statements. Since this

  case, I am always prepared for the reality that I may have just one shot at

  interviewing someone. Assuming that you might have only one interview

  with your subject will force you to be fully prepared when you conduct your

  research, plan your questions,
set the timing and setting, and finally, get the

  interview.

  Another tool that may be available to you, depending on local and state

  laws, is to tape record your interview. You will have to examine the laws in

  your state. In Minnesota, only one party needs to know that the conversa-

  tion is being taped. In some states, all parties must be advised. I have often

  taped interviews, not necessarily because I needed recordings or was

  required by my client to do so, but if the interviewee later disputes in court

  what they said, the interviewee has committed perjury. When you are alone

  interviewing, this technique may help protect your integrity. Your client

  4

  The Art of Investigative Interviewing

  may or may not want to be advised of your intent to record interviews.

  I suggest you research your local and state laws and discuss this possibility with your client when you initially take a case and prior to taping the interview.

  My experience is that attorneys have not always agreed with this practice.

  The other benefit of tape recording interviews is that you don’t have to worry

  about taking notes continuously, which means that you can concentrate on

  being an active listener. Recording interviews may also assist you in analyzing

  them for signs of deception.

  RESEARCH TOOLS

  Research is an extremely significant tool in the current Internet era. Never

  underestimate what research can do for your interview. Every investigator

  has favorite Websites and ways to research. This is a technique you will

  develop over time. I prefer to run a background check on my interviewee

  using TLOxp, an online investigative system that provides public and private

  records, helps with identity authentication, aids in fraud prevention and

  detection, and analyzes millions of records at a time. I rely on this as my first step; it allows me to look over individual assets and records to help me determine what else I would like to research or spend time on. This is only one

  example of a tool that some investigators use. The ones you choose will

  likely depend on what your client uses or has access to. Some firms already

  have license agreements with an investigative system. It may also depend on

  whether you have the necessary licenses and background for a particular