Judge Takes On Flawed Eye-Witness Testimony

Eyewitnesses are not always reliable in court: they may be compromised by stress, darkness, fading memories, leading questions, cross-racial misidentifications and other factors. While legal scholars consider the issue, Third Circuit Court of Appeals Judge Theodore A. McKee formed a panel to propose new trial rules for his three-state circuit. “Just because they (witnesses) are unequivocal, doesn’t mean they’re right,” McKee told AP. “The law has not kept up with the science.” McKee was inspired to make the move when he heard a case that makes him fear an innocent man has been on death row since 1992. In August, the Third Circuit ruled 5-4 to grant a new trial for James Dennis, who has been on death row since being convicted of a 1991 transit stop murder. The victim’s friend identified Dennis as the killer, but only after police work that has now been called into question.