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cooperation from police departments<br />

in San Diego, Tucson<br />

and Charlotte, N.C., suggest<br />

that “the sequential procedure<br />

should catch fewer<br />

innocent suspects in its net.”<br />

The new study shows that<br />

“we have the tools to reduce<br />

eyewitness error, to protect<br />

the innocent and help law<br />

enforcement apprehend the<br />

guilty,” said Barry Scheck,<br />

co-director of the Innocence<br />

Project, a sponsor of the report<br />

along with the American<br />

Judicature Society and the<br />

Police Foundation.<br />

“I think it’s wonderful,” said<br />

Rosemary Lehmberg, the<br />

district attorney for Travis<br />

County, which includes Austin.<br />

“It’s the first time I have<br />

seen a study that has the potential<br />

to convince folks that<br />

double-blind sequential can<br />

really help cut down on mistaken<br />

identity.”<br />

Others are not convinced. Art<br />

Acevedo, Austin’s police<br />

chief, said his department<br />

was not ready to fully embrace<br />

sequential lineups and<br />

would allow officers to use<br />

both methods. The study is<br />

“a great starting point,” he<br />

said, “but we’re not at the<br />

finish line yet.”<br />

Seth M. Lieberman, senior<br />

appellate counsel with the<br />

Brooklyn district attorney’s<br />

office, said the new study<br />

was unlikely to change his<br />

office’s policy of using simultaneous<br />

lineups, though<br />

the office does administer<br />

double-blind lineups and<br />

incorporates other recommended<br />

procedures.<br />

“It would be imprudent to<br />

just quickly say, ‘We’re going<br />

to change our minds,’ ”<br />

Mr. Lieberman said, noting<br />

that the report had not yet<br />

been peer reviewed. “There’s<br />

a certain percolation that<br />

goes on with experts in the<br />

field.”<br />

The fallibility of eyewitness<br />

identification is well known;<br />

75 percent of the more than<br />

250 convictions overturned<br />

based on D<strong>NA</strong> evidence involved<br />

mistaken identifications.<br />

A landmark decision last<br />

month by the New Jersey<br />

Supreme Court cited this<br />

“troubling lack of reliability”<br />

in setting new rules for addressing<br />

those weaknesses in<br />

New Jersey courtrooms.<br />

While the court took a strong<br />

stand that lineups should be<br />

conducted by law enforcement<br />

agents with no interest<br />

in or knowledge of the case<br />

to avoid the potential for<br />

influencing witnesses, the<br />

justices were more guarded<br />

in their view of sequential<br />

lineups, writing that “there is<br />

insufficient authoritative evidence<br />

accepted by scientific<br />

experts for a court to make a<br />

finding in favor of either<br />

procedure.”<br />

Gary L. Wells, a professor of<br />

psychology at Iowa State<br />

University and lead author of<br />

the new report, said in a statement,<br />

“Sequential presentation<br />

is not a silver bullet for<br />

the mistaken identification<br />

problem, but can lead to fewer<br />

innocent suspects being<br />

misidentified when the lineups<br />

are conducted doubleblind.”<br />

The new study, conducted<br />

between 2008 and 2011, used<br />

laptops with special software<br />

to ensure that the lineups<br />

were conducted in a consistent<br />

way. The next phase of<br />

the study, Professor Wells<br />

said, will continue to examine<br />

the data gathered to gauge<br />

the level of certainty of witnesses<br />

and the effect of factors<br />

like cross-racial identification<br />

on accuracy.<br />

The lead author of the 2006<br />

report, Sheri Mecklenburg,<br />

said in an interview that she<br />

was pleased to see new field<br />

research on the topic. “There<br />

is still significant conflicting<br />

information among both the<br />

lab and the field studies,” she<br />

said, “and I hope that the<br />

issues can be resolved in a<br />

reliably scientific manner<br />

that leads to meaningful improvements<br />

in eyewitness<br />

identification.”<br />

The results of the new report<br />

must be followed up with<br />

further research, said Steven<br />

Clark, a professor at the University<br />

of Southern California<br />

who has expressed skepticism<br />

about the superiority<br />

of sequential lineups. “This<br />

is a field study — it is not the<br />

field study,” he said. “In a lot<br />

of ways, this study raises<br />

more questions than it actually<br />

answers. Good studies do<br />

that.”<br />

S T F N A M Í D I A • 2 2 d e s e t e m b r o d e 2 0 1 1 . . . . . . . . . . . . . . . . . . . P Á G I N A 1 7 5

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