>>> GATHERING EVIDENCE AND

TRACKING A SUSPECT ARE CRUCIAL

TO SOLVING A CRIME.

BUT IN SOME CASES WHEN POLICE

QUESTION A SUSPECT WHO DOESN’T

SPEAK ENGLISH THERE CAN BE

PROBLEMS.

NBC 7 INVESTIGATES DISCOVERED

FAULTY INTERPRETATIONS FROM

SPANISH TO ENGLISH COULD SEND

THE WRONG MAN OR WOMAN TO JAIL

OR SET A CRIMINAL FREE.

>> AND YOU ARE CONSTANTINEO.

>> HE WAS ACCUSED OF FELONY DRUG

DRIVING AND HIT-AND-RUN IN A

COLLISION THAT CRITICALLY

INJURED A 6-YEAR-OLD.

>> DO YOU KNOW WHY YOU’RE HERE

RIGHT NOW?

>> NOT REALLY THAT GOOD.

>> THE DETECTIVE DOESN’T SPEAK

SPANISH SO A BILINGUAL OFFICER

WAS CALLED TO ASSIST.

IN TWO TRIALS SHE RAISED ENOUGH

DOUBT ABOUT BANDA’S GUILT TO GET

THOSE FELONY CHARGES DISMISSED.

SHE SAYS A CRUCIAL ISSUE IN THE

CASE WAS WHO WHO WAS DRIVING

WHEN THEY BROADED THE CAR.

>> YOU WERE PLACED UNDER ARREST

FOR DUI AND HIT-AND-RUN.

DO YOU UNDERSTAND WHAT THAT

MEANS?

>> THE FIRST THING OUT OF HIS

MOUTH WAS I WASN’T DRIVING.

>> CRUCIAL INFORMATION

DETECTIVES DIDN’T HEAR BECAUSE

THE INTERPRETER DIDN’T REPEAT

THE STATEMENT.

INSTEAD IS OFFICER INTERRUPTED

TO ASK IF HE KNEW WHY HE WAS BEING QUESTIONED.

ATTORNEY ANTHONY CULUMBO SAYS A

FAULTY TRANSLATION LED TO THE

ARREST OF A FARMER.

DRUG SNIFFING DOGS WERE ALERTED

TO HIS CARGO.

CULUMBO SAID HIS CLIENT WAS

UNAWARE DRUG DEALERS HAD HIDDEN

200 POUNDS OF MARIJUANA IN HIS

TRACTOR-TRAILER.

ENGLISH SPEAKING CUSTOMS AGENTS

QUESTIONED THE FARMER.

>> SAYS HE WAS HAULING IN THE

PROPER TRANSLATION WAS WHEAT.

THE AGENT WHO WAS NOT A NATIVE

SPANISH SPEAK, NOT A CERTIFIED

INTERPRETER TRANSLATED THAT AS

GRASS, THE SLANG FOR MARIJUANA.

AND THEY BELIEVED AS A RESULT HE

HAD CONFESSED TO THE CRIME.

>> HE SAID THE EVIDENCE SHOWED

THE AGENTS WERE NOT NATIVE

SPANISH SPEAKERS AND HAD NO

ADVANCED LANGUAGE TRAINING.

HE SAID TO THEIR CREDIT THE

AGENTS ACKNOWLEDGED MISTAKES

WERE MADE.

THEY ACQUITTED HIM.

>> THE RESOURCES JUST AREN’T

THERE.

>> THEY SAY ONE FIX FOR

INTERPRETATION PROBLEMS WOULD BE

FOR LAW ENFORCEMENT TO USE

NEUTRAL THIRD PARTY INTERPRETERS

WHO AREN’T INVOLVED IN THE

INVESTIGATION.

LAW ENFORCEMENT SAYS THAT CHANGE

WOULD BE VERY EXPENSIVE.

BUT THE ATTORNEYS SAY HIGHLY

ACCURATE NEUTRAL TRANSLATIONS

ARE WORTH THE COST.

>> IF THERE’S ONE MISTAKE AND

ONE INNOCENT PERSON IS

PROSECUTED OR AS A RESULT IS

CONVICTED, THAT’S ONE TOO MANY.

>> THE DEPARTMENT OF HOMELAND

SECURITY DID NOT ANSWER OUR

QUESTIONS ABOUT THE TRANSLATION

PROBLEMS AT THE BORDER.

A SAN DIEGO POLICE DEPARTMENT

SPOKESMAN DEFENDED HIS

COLLEAGUE’S HANDLING OF THE

BANDA CASE.

HE SAID THE DEPARTMENT’S