Judge throws out child abuse confession, because defendant did not understand

Wednesday, January 17th 2001, 12:00 am

By: News On 6

Tulsa's growing Hispanic population means new challenges in communication for the police and courts. Child abuse detectives are especially frustrated by one recent case where a judge threw out a Spanish-speaking man's confession.

Tulsa Police detectives say it's a heart-breaking case. A four-year old boy told them in detail, how a family friend repeatedly raped him. The investigation led officers to Efrain Escobar, a man who'd been in the U-S only two months, and who was living with the boy's family.

A police memo says a Spanish-speaking officer spent "approximately 15 to 20 minutesâ€ going over "Miranda" rights with Escobar before questioning him. Detectives say they "asked him 8 or 9 timesâ€ if he understood what was being said to him, and that he didn't have to talk" to police. Escobar answered yes to all the questions, and agreed to talk.

Officers then videotaped Escobar's confession. However, when it came time to take the case to court, Judge Jesse Harris threw out the confession. "There is no doubt in my mind he understood everything we were saying to him about his rights,â€ said detective Chris Witt. â€œAnd that wasn't just my opinion, but the prosecutor's, and the three other officers in the courtroom with me."

Judge Harris told The News on Six by telephone that a court certified interpreter watched the videotape, and testified that the officer used a combination of Spanish, Portuguese and made-up words during the questioning. Based on this testimony, Harris didn't believe Escobar fully understood his rights. "He might've known the word lawyer, but as far as knowing his statements would be used against him in a court of law, that he did not understand," explained public defender Peter Astor.

Without the confession, and since the victim was too sensitive to testify, the District Attorneyâ€™s office was forced to offer a plea bargain. Two life terms was reduced down to 25 years. Detectives say the irony is Judge Harris using through an interpreter, walked Escobar through a laundry lists of rights about giving up a jury trial, and appealing. He also accepted Escobar's yes answer.

Harris says the difference is clear. He used a court certified interpreter who spoke Spanish only, not a combination of Spanish and other languages mixed together. Detectives say it wouldn't have mattered in this case, but in future cases, they hope all standard police forms about rights, search warrants and affidavits will also be printed in Spanish. Then there will be no question that the accused understood his or her rights under the law. Harris will sentence Escobar next month.