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Photo ID Wrong - 4 Different Witnesses!

Posted by: euser
August 08, 2006
Topic: Criminal Defense

Can you imagine?  You are arrested for armed robbery and you've done nothing wrong.  Four different people are shown your picture by police and THEY ALL PICK YOU OUT OF A LINE-UP.  You sit in jail for a week until you can prove your innocence. 

 Well, that's what recently happened to a man in the Wilmington area.  He was accused of dangerous, violent crimes in error.

 The problem with Photo Lineups or "show ups" and other identification cases is that as humans, we all make mistakes.  Even assuming police did nothing suggestive or improper in creating a line line, four different people picked the wrong person.  Something wasn't right. 

Our memories and minds can be adversely affected, inadvertantly or subconsciously.  That is why lawyers in North Carolina are trying to establish guidelines regarding Line Ups, Show Ups and identification procedures. 
Thank goodness this man had an alibi, a lawyer who believed in him and prosecutors who listened to the facts.  That doesn't change the fact that someone sat in jail. . .wrongly accused. 

 http://www.wilmingtonstar.com/apps/pbcs.dll/article?AID=/20060727/NEWS/607270367/1004

That's scant consolation to Jason Oxendine, who was accused last week by Wilmington police of being responsible for the armed robberies of four restaurant delivery drivers earlier this month.

Oxendine, 21, was released Tuesday from New Hanover County jail. Authorities admitted they erred in arresting him. Oxendine was charged after all four drivers identified him from police photo lineups as the man who robbed them. He was released after other evidence came to light and he passed a polygraph test.

"It happens a lot more than people realize," Wilmington criminal defense lawyer Neil Weber said. "The reality of it is sometimes prosecutors think eyewitness testimony is the most reliable, but it is not the most reliable."

Weber said he was "impressed" with authorities for dismissing charges against Oxendine so soon after his arrest. District Attorney Ben David said Tuesday Oxendine was set free as soon as his innocence was determined.

Wilmington police Lt. James Varrone said investigators and prosecutors generally follow lineup procedures recommended by a state-sanctioned commission. There are exceptions, however, such as the suggestion that a minimum of eight photos be used in the photo identification process.

"We do have policies that it has to be a photo array of no less than six," Varrone said. "Right now, they're just recommendations, but you've got to keep up with the times."

Wilmington police use several photo lineup variations in their investigations, Varrone said. Witnesses can be shown photos one at a time from a computer book of mugs. They can be shown the six-person photo array. Police also occasionally use the traditional standing lineup of six people, including the suspect.

In a perfect investigative world, a witness is brought to identify a person detained just after a crime was committed, Varrone said. In Oxendine's case, at least one witness looked at sequential photos, while others where shown the six-photo array.

In order to obtain a conviction in a case like the one Oxendine was charged in, much more investigative work would have had to be done, Varrone said.

"Photo lineups are only a tool, and they're only as good as your witnesses are," he said. "In 19 years of doing this, this hasn't been the first time for me. Does it happen a lot? No, and we hate that he spent eight days (in jail), but ultimately we got him out."

After Oxendine was charged and jailed, police were prohibited from further interviews until a lawyer was assigned and the two met, Varrone said.

"There was some doubt (he was responsible) but he was identified four times," Varrone said.

Griff Anderson, who was appointed Oxendine's lawyer, said Wednesday he plans to meet with the former defendant and his family at their request to discuss "what his alternatives are from here, if any."

Anderson cast doubt on eyewitness identification as the cornerstone of a prosecution case.

"I would hope that everybody would stop and think when a case only involves eyewitness identification," Anderson said. "Everything from DNA to fiber to fingerprints can be gathered at crime scenes and when they only have eyewitness identification, they ought to move very slowly and with caution."

An individual can be jailed in North Carolina after another person goes before a magistrate and swears out a warrant, Anderson said.

"In North Carolina, the prosecutors do not have to become involved before somebody gets charged and thrown into jail and that is not true in every state," Anderson said.

Two more delivery person robberies occurred after Oxendine was locked up. The same person is thought to be responsible for all six robberies, which were committed near apartment complexes in the 2200 block of Wrightsville Avenue.

Police continue their investigation, Varrone said.



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