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The Role of Mistaken Eyewitness Identification in Francisco Carrillo Overturned Murder Conviction

By Neil Shous, Esq.

Tragedy unfolded on the streets of Lynwood 20 years ago when 41-year old Donald Sarpy was gunned down and killed in a drive-by shooting. But the full extent of the crime was not fully recognized until this week, when a Los Angeles Superior Court judge overturned the subsequent murder conviction of Francisco Carrillo in light of the recantation of five witnesses. Carrillo has now spent about half his life in prison for a crime he apparently did not commit. Mistaken eyewitness identification is the leading cause of wrongful conviction in this country. Difficulty in cross-racial identifications ? an issue in this case ? is among the various ?estimator? and ?system? variables responsible for erroneous identifications. Other variables involve lighting conditions, ?weapons focus,? memory erosion and ?suggestive? police tactics.continue to full post

Full post as published by California Criminal Defense Blog on March 15, 2011 (boomark / email).