Notes on Eyewitness Testimony and Memory Reconstruction

The Murder Case

  • The murder occurred in January 1991 in Lynnwood, California.
  • A father was shot after telling a group of teenagers to go home.
  • Police identified Francisco Carrillo, a 17-year-old, as the suspect within 24 hours.
  • A photo array was shown to the teenagers, and one identified Carrillo as the shooter.
  • Carrillo was convicted and sentenced to life imprisonment in Folsom Prison.

Issues with the Case

  • No gun or vehicle was ever found, and no one was charged as the driver.
  • Carrillo maintained his innocence for 21 years, with his alibi supported by his parents.

The Role of Human Memory

  • The Innocence Project has documented numerous cases of wrongful convictions, with over 75% involving mistaken eyewitness testimony. There are documented 250−280250-280 cases now where people have been wrongfully convicted and subsequently exonerated.
  • Eyewitness identifications are fallible.
  • The brain only encodes fragments of experiences and fills in missing information later, leading to reconstructed memories.

Reconstructed Memories

  • The brain fills in information from inference, speculation, and subsequent information without conscious awareness.
  • This phenomenon affects all aspects of life.

Retrial Petition

  • Attorneys, led by Ellen Eggers, petitioned for a retrial based on reconstructed memory and eyewitness fallibility.
  • A forensic neurophysiologist was retained due to expertise in eyewitness memory and night vision.

Night Vision and Crime Scene Conditions

  • Investigating officers and teenagers claimed good lighting, but the shooting occurred at 7 PM in January.
  • Calculations revealed it was past civil twilight with no moon; thus, only artificial light was available.

Crime Scene Reconstruction

  • The expert reconstructed the scene using photometers, illumination measures, color perception tests, special cameras, and high-speed film.
  • Photographs demonstrated poor lighting conditions, contrary to initial reports.

The role of a Forensic Expert

  • A forensic expert must be a good communicator and educator, as well as a scientist.
  • Visual aids help explain abstract concepts like LUTSLUTS (international measurement of illumination) and Ishihara color perception test values.

Scientific Readings and Predictions

  • Measurements predicted no reliable color perception and only scotopic vision (low resolution).
  • The depth of field was predicted to be less than 18 inches.

Judge's Scene Visit

  • The expert audaciously suggested the judge visit the scene.
  • Under identical conditions, the judge observed the reenactment.

The Reenactment Details

  • The judge stood in the street as a car drove by with a passenger pointing a black object (simulating a gun).
  • The judge's stoic reaction made it hard to gauge his response.

Second Reenactment

  • The expert requested a second reenactment with the car stopping 3-4 feet from the judge.
  • Dominant lighting from the north side would have backlit the shooter's face.
  • The car's roof would have created a shadow inside, further obscuring the view.
  • depth \ of \ field < 18 \ inches. Distance to the car 3−4 feet3-4 \ feet.

Trial Outcome & Release

  • The judge granted the petition for a retrial and released Carrillo.
  • The prosecution decided not to retry him.

Lessons from the Case

  • There is a historical tension between science and law.
  • There should be more STEM education requirements for those entering law.
  • We must be cautious about the accuracy of our memories.

Memory Caution

  • Memories are reconstructed, dynamic, malleable, and volatile.
  • Accuracy is not determined by vividness or certainty.