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Criminal Law

: Grits for Breakfast

'He did it': Eyewitness misidentifications still happening

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Dallas has witnessed a large number of exonerated defendants based on DNA evidence, nearly all of whom were convicted because of faulty eyewitness testimony. And if you think that's not still happening, check out this tale told by Texas Lawyer about a crime victim who identified defense counsel as the perpetrator while testifying in court:On Nov. 11, George Milner Jr., a partner in Dallas' Milner & Finn who many consider the dean of the Dallas criminal-defense bar, was defending Marc Needham, who was accused of misdemeanor deadly conduct. According to a trial transcript, when Dallas County Assistant District Attorney Brian Poe asked a witness during direct examination to identify the defendant, she pointed to Milner. Poe asked her if she was sure, to which she replied: "He's the only one in the blue suit with blue tie...continue to full post

Full post as published by Grits for Breakfast on December 04, 2008 (boomark / email).

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