THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: SUNDAY, June 5, 1994 TAG: 9406050077
SECTION: LOCAL PAGE: B6 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: 940605 LENGTH: Medium
And an almost equally shocking moment when the victim discovers he or she is wrong.
{REST} ``We tend to think that an eyewitness identification is the most reliable,'' said lawyer Andrew Sacks. ``We think it's human nature that a victim won't forget a face they see in the midst of a horror. Actually, it's just the opposite. Under stress, they're less likely to accurately record details.''
What causes a victim to be so certain in mistaken-identity cases is a combination of complex psychological processes and social expectations, says misidentification expert Steven D. Benjamin. Sometimes, it is caused by subtle external signals from police or prosecutors. Sometimes it is caused by a tainted memory.
A common problem is cross-racial misidentification, Benjamin said from his Richmond law office. In five cases of witness misidentification in Hampton Roads since January, all of the suspects were black.
Three of the misidentifications were cross-racial. In letters from jail, John Tingle Jr., a black man identified by a white victim, referred to the syndrome.
``The similarities of myself and (another black suspect) shines light on that phrase `Black people all look alike.' And now, I'm serving a 10-year sentence because of a victim who could not distinguish one black person from another,'' Tingle wrote.
Tingle's conviction was overturned.
Memory can be tainted in any of three phases, Benjamin said - acquisition of the information, retention of the memory and the retrieval of the memory.
The witnessing of a crime can be affected by lighting, the duration of the event, fear, weapons, eyesight, intoxication and the witness's expectations.
For instance, ``weapon focus'' is a syndrome in which the victim stares at the gun and notices little else, especially if it is pointed in his or her face.
The retention period is the time between the witnessed crime and the suspect's identification. The most obvious factor, Benjamin said, is the length of that time, whether days or years.
Any corrupting influence during that time, such as media exposure or suggestions from police, can subconsciously change the memory.
The retrieval period is when the identification is made. Any number of subtle influences can taint the accuracy at that point.
``Police might say, `Look carefully at No. 3,' '' Benjamin said. ``Or they get nonverbal clues. The officers exchange a meaningful glance or smack the table and say, `Very good, very good.' ''
Some defense attorneys question the widespread use of photo lineups and video lineups, which have for the most part replaced the old-fashioned, in-person lineup with the victim behind a two-way mirror. Time pressures and the logistics of lining up alternates have made in-person lineups virtually a thing of the past.
``To be fair to any prosecutor, if you have a victim who is absolutely certain, they would tend to take them at their word that they are telling the truth,'' Benjamin said. ``But eyewitness identifications are suspect. The mind is not a video camera. Anyone who relies too heavily on it risks imprisoning an innocent person.''
{KEYWORDS} MISTAKEN IDENTITY
by CNB