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More on the fallibility of eyewitness testimony

Mark Pryor over at the new blog DA Confidential supplies this example from personal experience demonstrating the fallibility of eyewitness testimony and the risks of making a case based primarily on eyewitness evidence:In a recent trial, our main witness was a self-confessed drug addict, a man aged about 50 with (it turns out) poor eyesight. During direct examination, and in the usual manner, the ADA paused then asked him:"And the man who fired the gun, do you see him in the courtroom today?"The witness took his time looking around the court, eying the judge, the jury and then finally... a wavering finger pointed towards the defense table:"There, I think that's him."The finger had shifted and a surprised deputy looked up, identified as the man firing off shots the night of the murder...continue to full post

Full post as published by Grits for Breakfast on December 01, 2009 (boomark / email).