"Laughable eyewitness testimony"

[Nicholas]

Over the last couple of pages I have contrasted good practice in eyewitness testimony versus what was done in this case.

You think? 

[Chris_Halkides]

If I were giving a class in investigations, I might use the Mitchell case as an object lesson in how not to elicit eyewitness testimony.  I briefly discuss the Knox/Sollecito case in this way in forensic chemistry, but there are so many instances of slipshod work and faulty inferences in DNA and body fluid forensics, that it is hard to choose which one to use.

[Chris_Halkides]

Are you claiming Gordon McIIwrath had a “transplanted memory” ?


[119]….Mrs Bryson returned to the witness box. In further examination in chief she described how police officers had come to her home and shown her a booklet of photographs which she had looked at carefully, taking her time. When asked whether at that time she recognised anyone, she responded "I seen someone there, yes". That person she had been asked to point out. She had pointed to photograph No. 4 (that of the appellant). She later explained the features which were the basis of her recognition - his hair and his small face. She confirmed that at the time she had said to the police officers - "Image 4 is very very like the male I saw at the top of the path", "He has the same shape of face, same colouring and same colour and style of hair" and "I am sure as I can be that is the same male". That was what she had felt on that day. The next day she had seen a photograph of the appellant in a newspaper, which had identified him by name. She had been totally taken aback by it. She testified "I just remember seeing it and I couldn't believe it ... because it looked to me like the same person".
https://www.scotcourts.gov.uk/search-judgments/judgment?id=e2988aa6-8980-69d2-b500-ff0000d74aa7

I don't have a positive or negative opinion of Gordon McIlwraith as a reporter, but I will take as a given for now that he reported accurately in this instance.  Let's briefly go through what is wrong with Ms. Bryson's evidence in light of good practice.  A photo lineup should not make a suspect stand out (I gave a citations that bears on this question upthread).  Luke Mitchell's photograph was the only one showing a person with long hair and the only one with a white background (the latter is similar to the Dean Gillispie case in Ohio discussed upthread).  If a solicitor had been present, he or she could have raised an objection to a biased photo lineup.  Ms. Bryson's seeing Luke Mitchell's photograph in the paper increased her certainty, but this is separate from the question of accuracy.  As I discussed upthread, once you see a photograph more than once, you remember the previous viewings.

In brief other problems with Ms. Bryson's testimony include but are not limited to the following:  Her description of the man was of someone older than Luke Mitchell, and described his hair in a way that does not resemble Mr. Mitchell's hair.  Her initial estimate of the time of the sighting was about 50 minutes later than her testimony.  She had to be looking one way while turning the car the other way, and she did not have much time to identify anyone.

[Vertigo Swirl]

Chris you make a good arguement without hyperbole or overt sentiment or sanctimony.  I think your efforts shpuld be applauded.  It’s a shame (for Mitchell) that you aren’t handling his  case instead of the squabbling rabble he’s currently got behind him.

[Nicholas]

Luke Mitchell's photograph was the only one showing a person with long hair

Where’s your evidence for this

And why do you claim he had “long hair” in 2003?

Psycho killer Luke Mitchell had long hair by the time of his trial

[Chris_Halkides]

https://www.heraldscotland.com/default_content/12456504.police-cast-fairness-aside-pin-murder-mitchell/
"Mr Findlay pointed out that one of the 11 photos was a child much younger than Mitchell. No-one else had a similar haircut. The background in the Mitchell photo was very much lighter than the others. Mr Findlay said it threw Mrs Bryson's claim that Mitchell was the youth she saw into question. She also failed to pick him out in court."  This was reported in the Herald on the 6th of February 2008.

http://news.bbc.co.uk/2/hi/uk_news/scotland/4105365.stm
"The court heard a book containing 12 mugshots of youths was shown to a witness and Luke Mitchell was the only youth in it with long hair and the only one pictured against a white background...Mr Findlay pointed out that Mitchell was the only person in the book with long hair and that his picture was also the only one taken against a white background...He [Det Con Livingston] agreed that official guidelines said police should put a suspect on an identity parade wherever possible." As reported by the BBC in a 2004 story: "Boyfriend arranged to meet Jodi."

I seem to recall that the Glasgow Times also reported this.

[Nicholas]

https://www.heraldscotland.com/default_content/12456504.police-cast-fairness-aside-pin-murder-mitchell/
"Mr Findlay pointed out that one of the 11 photos was a child much younger than Mitchell. No-one else had a similar haircut. The background in the Mitchell photo was very much lighter than the others. Mr Findlay said it threw Mrs Bryson's claim that Mitchell was the youth she saw into question. She also failed to pick him out in court."  This was reported in the Herald on the 6th of February 2008.

http://news.bbc.co.uk/2/hi/uk_news/scotland/4105365.stm
"The court heard a book containing 12 mugshots of youths was shown to a witness and Luke Mitchell was the only youth in it with long hair and the only one pictured against a white background...Mr Findlay pointed out that Mitchell was the only person in the book with long hair and that his picture was also the only one taken against a white background...He [Det Con Livingston] agreed that official guidelines said police should put a suspect on an identity parade wherever possible." As reported by the BBC in a 2004 story: "Boyfriend arranged to meet Jodi."

I seem to recall that the Glasgow Times also reported this.

Psycho killer Luke Mitchell did not have “long” hair in 2003! He had long hair by the time he stood trial

Do you have a quote of what Donald Findlay actually stated

And where can we view these other 11 photos?

[Chris_Halkides]

Psycho killer Luke Mitchell did not have “long” hair in 2003! He had long hair by the time he stood trial

That is your claim; therefore, the burden of proof falls on you.

[Nicholas]

That is your claim; therefore, the burden of proof falls on you.

Lol

[faithlilly]

https://www.heraldscotland.com/default_content/12456504.police-cast-fairness-aside-pin-murder-mitchell/
"Mr Findlay pointed out that one of the 11 photos was a child much younger than Mitchell. No-one else had a similar haircut. The background in the Mitchell photo was very much lighter than the others. Mr Findlay said it threw Mrs Bryson's claim that Mitchell was the youth she saw into question. She also failed to pick him out in court."  This was reported in the Herald on the 6th of February 2008.

http://news.bbc.co.uk/2/hi/uk_news/scotland/4105365.stm
"The court heard a book containing 12 mugshots of youths was shown to a witness and Luke Mitchell was the only youth in it with long hair and the only one pictured against a white background...Mr Findlay pointed out that Mitchell was the only person in the book with long hair and that his picture was also the only one taken against a white background...He [Det Con Livingston] agreed that official guidelines said police should put a suspect on an identity parade wherever possible." As reported by the BBC in a 2004 story: "Boyfriend arranged to meet Jodi."

I seem to recall that the Glasgow Times also reported this.

I’ve often wondered what length Luke’s hair was at the actual time of the murder. 6 weeks had passed between the murder and the Polaroid of Luke being taken. I can’t imagine his hair would have been the same length after 6 weeks which is the usual time people wait between haircuts. Had it been cut? Was the question even asked?

[Chris_Halkides]

There are photos of Luke at Jodi's grave, and his hair looks longish.  It is difficult to tell, however.

[Nicholas]

There are photos of Luke at Jodi's grave, and his hair looks longish.  It is difficult to tell, however.

3 months growth

[Chris_Halkides]

Psycho killer Luke Mitchell did not have “long” hair in 2003! He had long hair by the time he stood trial

Do you have a quote of what Donald Findlay actually stated

And where can we view these other 11 photos?

"'It is difficult looking at this to see how police could have more ignored, contravened, torn up and thrown away those guidelines,' he [Donald Findlay] said."  As reported by in the Glasgow Times.  There is also some discussion in the appeal, which is posted at Murderpedia:  "The senior police officer involved in the investigation was never able to give a satisfactory explanation as to why an identification parade had not been held."

[Nicholas]

"'It is difficult looking at this to see how police could have more ignored, contravened, torn up and thrown away those guidelines,' he [Donald Findlay] said."  As reported by in the Glasgow Times.  There is also some discussion in the appeal, which is posted at Murderpedia:  "The senior police officer involved in the investigation was never able to give a satisfactory explanation as to why an identification parade had not been held."

👇

Psycho killer Luke Mitchell did not have “long” hair in 2003! He had long hair by the time he stood trial

Do you have a quote of what Donald Findlay actually stated

And where can we view these other 11 photos?

[Chris_Halkides]

Luke's hair could have been no more than 3/4 of an inch shorter on 30 June than it was on 15 August, even if he did not have a haircut in the interim (which I don't think that we know).  To the best of my knowledge the prosecution did not challenge the defense regarding the difference between Luke and the other people in the photo lineup.

A good lineup should conform to the following:  A person who is not a witness but who reads the description of the perpetrator should only pick the perpetrator out of a lineup with the frequency that chance would predict.  In other words, the rest of the people in the lineup should be plausible on the basis of their general appearance.