The Innocence Project has posted a notice on its website, with a link to a press release, about the recently released report by the Nation Academy of Sciences on memory and eyewitness identification.
From the report: “the legal standard that most courts use regarding the admissibility of eyewitness testimony was established before most of the scientific research was conducted.”
The report endorses the following procedures for police lineups:
- Blind Administration — Research shows that the risk of misidentification is sharply reduced if the police officer administering a photo or live lineup is not aware of who the suspect is. This prevents the witness from picking up intentional or unintentional clues from the officer conducting the lineup.
- Confidence Statements — Immediately following a lineup, the eyewitness should be asked to describe in his or her own words how confident he or she is in the identification. As the report notes, the level of confidence a witness expresses at the time of trial is not a reliable predictor of accuracy. Having the witness describe their level of confidence at the time an identification is made will provide juries with a useful tool for judging the accuracy of the identification.
- Instructions — The person viewing the lineup should be told that the perpetrator may not be in the lineup and that the investigation will continue regardless of whether the witness identifies a suspect.
- Videotape the procedure — The report recommends that police electronically record the identification procedure to preserve a permanent record of the procedure.
Most recent data from the National Registry of Exonerations shows that for the 1,467 wrongful convictions currently in the registry, 35% had mistaken eyewitness identification as a contributing factor.
See the Innocence Project posting here.
After 29 years in prison, David McCallum was exonerated yesterday of a murder he did not commit. Kings County (NY) Supreme Court Justice Matthew D’Emic also exonerated William Stuckey who died in prison in 2001. It took an army of advocates over many years — including the late Rubin “Hurricane” Carter, who had also been wrongfully conviction of murder — to finally overturn this miscarriage.
As teenagers McCallum and Stuckey falsely confessed to the murder of Nathan Blenner, who died of a single gunshot wound to the head. McCallum and Stuckey quickly recanted the confessions. Although the confessions were filled with inconsistencies and inaccuracies, the men were convicted and lost all appeals. Over the years, McCallum refused parole rather than admit guilt to a crime he did not commit. His struggle was recorded in a recently released documentary, “David & me.”
Brooklyn District Attorney Kenneth Thompson, whose Conviction Review Unit investigated the case, recommended this exoneration, and has now cleared convictions in ten cases, said in a Wall Street Journal Report (here), “I think the people of Brooklyn deserve better, and I think we should not have a national reputation as a place where people have been railroaded into confessing to crimes they did not commit.”
Congratulations to Mr. McCallum and to the family of William Stuckey. The nation should be grateful for the persistence and hard work of all who contributed to this reversal including Steven Drizin of the Center on Wrongful Convictions (Chicago), Rubin “Hurricane” Carter and Ken Klonsky, Innocence International (Toronto), Oscar Michelen of the New York law firm of Cuomo, LLC, Professor Laura Cohen of the Rutgers-Newark Law School’s Criminal and Youth Justice Clinic, and King’s County District Attorney Kenneth Thompson and his Conviction Review Unit team.
The Arson Research Project says that 30 men and women have been exonerated from wrongful arson convictions since 1991. More than half of them were exonerated from life sentences or from death row. In the case of one Texas inmate, Cameron Todd Willingham, the research project says, such forensic error led to the execution of an innocent man.
To help prevent such tragedies in the future, the Arson Research Project, which is affiliated at Monterey College of Law, has published an excellent report, Anatomy of a Wrongful Arson Conviction, which you can download here.
The center’s director, Paul Bieber, presents a good video summary on wrongful arson convictions and the difficulty reversing them, here.
- The Exonerated (the play) in ebook format
- From the AP: The Texas state fire marshal has volunteered to turn over more than a decade of his office’s casework to advocates so they can examine them for wrongful convictions. Fire Marshal Chris Connealy has been working with the Innocence Project of Texas for more than a year to review old cases. But now he’s sent 24 cases from 2002 to 2004 to the Innocence Project so the Lubbock-based group can vet his office’s work, with a pledge to turn over all of his more recent case files. He says it’s an important step for the public “to have confidence in the criminal justice system.” Several high-profile arson cases have come under scrutiny in Texas, including that of Cameron Todd Willingham, executed for the fire deaths of his three daughters.
- Oscar nominated director to direct The Brian Banks Story
- Two new books about wrongful conviction by Morrison Bonpasse
- Summary of Amanda Knox appeal
- The latest from the Innocence Project of Singapore
A key factor in the dubious conviction of Texan Kerry Max Cook in a 1977 rape and murder case was testimony of a police officer that the age of Cook’s fingerprints at the victim’s apartment near Cook’s put him there at the time of the murder. The officer later admitted that he knew his testimony was not supported by science but that the prosecutor pressured to make the statement anyway.
Now the prosecutorial science fiction of the 1970s may be on thee verge of becoming a scientific fact. As Discovery News reports here, Dutch scientists say they have discovered how to accurately date fingerprints. If true, the discovery could let police place a suspect at the scene at the time a crime was committed or help defense investigators prove that the prints were left there well before or after the event.
“The methods of the Icelandic police weren’t unique. They convinced themselves that a group of petty criminals on the fringes of society were a gang of hardened killers. But they didn’t find the evidence to back up their hunch, they were left with just the confessions that were extracted after months of solitude and mental torture.”
That’s the conclusion of a remarkable BBC News multipedia presentation here about how six young people in Iceland confessed to two murders in the mid-’70s despite a total lack of evidence or memory of the crimes.