Florida: Resistance to change in eyewitness ID procedures

State prosecutors strongly argued their case Monday before the Florida Innocence Commission, the body charged with recommending changes to end the rash of wrongful convictions. To that end, they presented another national expert contravening earlier testimony commissioners heard on eyewitness identification, far and away the leading cause of wrongful conviction.

As various prosecutors looked on, including Palm Beach County State Attorney Michael McAuliffe, psychologist Roy Malpass of the University of Texas-El Paso acknowledged that there is a major problem with eyewitness misidentification. But he told commissioners he recommended not legislating or fixing firm policies for law enforcement on handling eyewitnesses. "If it's chipped in stone in legislation, it will be harder to change," Malpass said.

Yet, a local legislator sitting on the commission, said he will begin this week to draft a bill. Sen. Joe Negron, R-Stuart, said it will include double-blind administration of police photo lineups and cautionary instructions to eyewitnesses who view them.

Double-blind administration is when neither the officer showing a lineup nor the person viewing it knows who the suspect is, eliminating the chance the officer will influence an eyewitness' selection.

It was the second full day of testimony before the Innocence Commission on eyewitness identification, one of various causes of wrongful convictions the body must mull during its term. Commissioners will hear more on eyewitness identification at their next meeting in March, devoting more time to the topic than was planned. "This is government," Negron said.

A recent investigation by The Palm Beach Post, praised by Negron, revealed a widespread dearth of policies and procedures across 32 law enforcement agencies in the paper's circulation area.

On Monday, a sheriff on the commission proposed a basic policy be drawn up for commission members. But Charlotte County Sheriff Bill Cameron withdrew his request after other members cited it as premature.

Commission Chairman Belvin Perry, the chief judge of Orlando, closed the meeting with perhaps an omen of what's to come: "No one likes change. While models are good, we also have to realize some will not change unless they are forced to change."

Original report here




(And don't forget your ration of Wicked Thoughts for today. Now hosted on Wordpress. If you cannot access it, go to the MIRROR SITE, where posts appear as well as on the primary site. I have reposted the archives (past posts) for Wicked Thoughts HERE or HERE or here