Devereaux v. Perez
2000 WL 1781357 (Wash. App. Div. 3)
Devereaux was charged with a large number of sexual offenses
against children. Most of those charges were ultimately dropped. His
case was one of a number of controversial cases involving similar
allegations, many of which were ultimately discredited, against adults in
Wenatchee, Washington.
Devereaux sued a number of state officials. The particular
question in this case was whether several employees of the Department of
Social and Health Services had acted reasonably in their role in the
investigation. Although the DSHS workers were not the initial
interrogators, the court held that "they were aware of the facts and
circumstances that would have led any reasonable investigator to at least
question the allegations against Mr. Devereaux." 2000 WL 1781357 at *10.
One of the children who made (and later recanted) allegations
against Devereaux
"suffered from fetal alcohol syndrome and experienced difficulty
in remembering events. Despite this vulnerability, she was repeatedly
questioned by Detective Perez and, according to her, pressured to make
accusations against Mr. Devereaux."
*3.
It is unclear whether the DSHS workers knew at the time that this
child had FAS, or whether the court was relying on any such knowledge in
holding that the workers may have acted unreasonably.
This case is perhaps more important as an illustration of the risk
that an individual with FAS can too easily be induced by interrogators to
tell them what they want to hear.