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The Connecticut Supre Court recently upheld the criminal conviction of Brady Guilbert Brandon Mebane Jersey , who was found guilty in the ooting deaths of o New London residents in 2004. In sustaining the conviction, it also ruled on the ability for the defense to call experts to testify on the defendant's behalf to challenge eyewitness aounts.

At trial, Guilbert's defense wanted to call Charles A. Morgan III, a professor of psychiatry at the Yale University School of Medicine and an expert on eyewitness identifications. Dr. Morgan would have testified about how stress can alter a witness' mory of events, and that the eyewitness aount (that Guilbert was the gunman) could be flawed. The trial court judge disallowed Dr. Morgan's testimony, ruling the jurors could use their "mon knowledge" in deciding whether the witness' aounts were reliable.

While the Supre Court ultimately ruled that jurors relied on additional rmation that would have led to Guilbert's conviction Garry Gilliam Jersey , it also found that defense attorneys ould be allowed to call experts to challenge a witness' recollection.

Tom Ullman, the Chief Public Defender in the New Haven Judicial District, wied he could have challenged the lone eyewitness aount that sent his client to prison. He explained to the Housatonic Tis that most jurors believe witnesses who make confident declarations about what they saw, even though the witness could be pletely wrong. He acknowledged that emotional factors, such as stress, adrenaline and biases could alter a person's recollection. "If you're under stress during a cri Drew Nowak Jersey ," he said, "you focus on other things, not necessarily the ID of the person mitting the cri. An expert on witnesses can talk about that and about studies on mory."

A majority of wrongful convictions are based on mistaken eyewitness aounts. Aording to the Innocence Project, nearly 75 percent of convictions based on such aounts are overturned through DNA testing. On its website, the organization highlights a number of situations where alleged perpetrators are misidentified, including where:
- Witnesses substantially changed their description of a perpetrator (including key rmation such as height Justin Britt Jersey , weight and presence of facial hair) after they learned more about a particular suspect.
- Witnesses only made an identification after multiple photo arrays or lineups -- and then made hesitant identifications (saying they "thought" the person "might be" the perpetrator, for example), but at trial the jury was told the witnesses did not waver in identifying the suspect.

The advent of DNA evidence has helped in challenging (and at least limiting) misidentifications in criminal cases, but the court's ruling provides defense attorneys with another important tool to protect their clients. If you believe that you have been wrongfully charged with (or convicted of) a cri, an experienced criminal defense attorney can advise you.

Article provided by Kevin Smith, Attorney at Law
Visit us at .kevinsmithlaw.

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