State v. Henderson and the New Model Jury Charges - New Jersey ...

a-8-08.opn.html
summarily to the trial court for a plenary
hearing to consider and decide whether the
assumptions and other factors reflected in the
two-part Manson/Madison test, as well as the
five factors outlined in those cases to determine
reliability, remain valid and appropriate in light
of recent scientific and other evidence.
[Ibid.]
We appointed the Honorable Geoffrey Gaulkin, P.J.A.D. (retired and
temporarily assigned on recall) to preside at the remand hearing as a Special
Master.
Pursuant to the Order, the following parties participated in the remand
hearing: the Attorney General, the Public Defender (representing defendant 4 ),
and amici.
The parties and amici collectively produced more than 360 exhibits, which
included more than 200 published scientific studies on human memory and
eyewitness identification. During the ten-day remand hearing, the Special
Master heard testimony from seven expert witnesses. Three of them –- Drs.
Gary Wells, Steven Penrod, and Roy Malpass - testified about the state of
scientific research in the field of eyewitness identification.
Dr. Wells, who was called as a witness by the Innocence Project, holds a
Ph.D. in Experimental Social Psychology and serves as a Professor of
Psychology at Iowa State University. Since 1977, Dr. Wells has published more
than 100 articles on eyewitness identification research. He assisted the Attorney
General’s Office in connection with the formulation of the Attorney General
Guidelines.
Dr. Penrod, who was called as a witness by defendant, is a
Distinguished Professor of Psychology at John Jay College of Criminal Justice
in New York. He holds a degree in law and a Ph.D. in Pyschology. Dr. Penrod
has also published extensively in the area of eyewitness identification and has
served on the editorial board of numerous psychology journals.
Dr. Malpass, who was called by the State, is also widely published. He
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