Comments on: Eyewitness: How Accurate Is Visual Memory?

Lesley Stahl Reports On Flaws In Eyewitness Testimony That Lead To Wrong Convictions

[Tonjabrown]

This report on the Police's Prime Suspect was withheld for us and the jury. It was discovered 3 years after the crime. The following police report was filed on May 10, 1988:
On 5/10/88 I was asked by acting Sgt. BEATY to do some follow-up work per Det. Sgt. ZARUBI, on this case. (PAYLESS SHOES.. . .) I was asked to go to the different motels within the area and show them a composite of last nights incident and see if they knew anybody that matched that description to be staying there andI was also looking for a vehicle that was involved in a robbery/kidnap/attempt sexual assault where the two composites match closely. While checking the Abby Hotel located in the 800 blk. of B St., I made contact with a bartender there by the name of Jeff PETTY. I showed Mr. PETTY the three composites that I had and Mr. PETTY advised me that there was an individual matching the description of the composites with the hair from 88-4892 and the facial area of 88-4238. He advised me the individual?s name was ZARSKY, Ricky Lee. I asked Mr. PETTY where Mr. ZARSKY lives, he advised me in #104. In further talking with Mr. PETTY, he gave me a brief description of the individual as being a tanned individual with a mustache that came down to 1/4? pass to the openings to the mouth and further advised me that the individuals description closely matched the descriptions given in the composites. Mr. PETTY then advised me that Mr. ZARSKY had left early this morning with two other friends and he had no idea where he was and that he could be back in his room. I then went to room #104 where I listened and it did not sound like anybody was home. I then returned to the SPD and went to talk to Det. Sgt. ZARUBI and fill him in on what I had found. We then brought Mr. ZARSKY up on SCOPE and ascertained the following: ZARSKY, RICKY LEE, DOB, 11-23-53, POB, Texas, Brown Hair, Brown eyes.
I then recontacted Mr. PETTY at the Abby Hotel to ascertain from him if he knew where Mr. ZARSKY was employed. I was advised by Mr. PETTY that he was a dishwasher at Karls Casino. I then contacted Karls Casino and talked with an individual in Personnel who did advise me Mr. ZARSKY was an employee and was a dishwasher.
Det. BOXX also found out that Mr. ZARSKY works dayshift with Tue. & Wed. off. Det. BOXX and I then returned to the Abby Hotel, Rm. #104, to attempt to make contacted with Mr. ZARSKY. While at the room, Det. BOXX & I made contact with David LITTLE. Mr. ZARSKY?s roommate. In talking with Mr. LITTLE, he advised me that Mr. ZARSKY was not home and when he returned home this morning after working graveyard, Mr. ZARSKY had left with two of his friends. Mr. LITTLE advised us that he left for work on 5/9/88 at approx. 2100 hrs. and did not return home until 5/10/88 at approx. 0830 hrs. Mr. LITTLE advised us that Mr. ZARSKY had planned to give plasma today in Reno at the Reno Plasma Center. Det. BOXX & I then went to Reno Plasma Center located on 2nd St. in Reno to attempt to locate Mr. ZARSKY at the Plasma Center. We again made contact with a Nursing Supervisor and inquired if Mr. ZARSKY was there. The Nursing Supervisor brought us Mr. ZARSKY?s file and told us he had not been there yet today. Reno Plasma also did have a picture of Mr. ZARSKY but it was dated in 1986. The Nursing Supervisor also advised us that the last time Mr. ZARSKY had been in there to give plasma was on 4 of 88. Both of the photographs that I observed from Nevada Plasma & Reno Plasma did resemble the composites that were done in these cases. I then returned to the Abby Hotel and again made contact with Mr. ZARSKY?s roommate, Mr. David LITTLE to inquire how many times, to his knowledge, that Mr. ZARSKY had given plasma. Mr. LITTLE advised me that he only knows of one other time, other than today, that Mr. ZARSKY has given plasma in the last two months. Again Mr. ZARSKY was not at home and Mr. LITTLE had no idea where he was. I then went to the bartending area where I made contact with an individual who identified himself as being the Manager of the area and asked him if he observed Mr. ZARSKY come back would he please notify this Dept.
This is a supplement to case # 88-4892. No further details.

Det. Boxx later claimed to the author that he had turned over all evidence to the DA?s office. O?Neill claimed that all evidence that had been turned over to her by the DA was in the file. This report was not in the file. Either Det. Boxx did not turn it over to the DA or the DA did not turn it over to O?Neill or O?Neill simply ignored it and it never made it to her evidence file.

[Tonjabrown]

I"ve misspoken, because not everybody is as compassionate and understanding as Jennifer. The reason I say this is because, our attorney who represents us on our book contacted the victim to give her the opportunity to read the book and make any comments. It was thru the victim's husband who asked our attorney many questions. One was when he found out that my brother had asked for DNA testing to be done before the trial the husband wanted to know why did my brother want DNA testing? She replied to prove his innocence. He also wanted to know why they were never told the police had another suspect? Before their conversation ended, he said that if Mr. Klein was really innocent it would kill my wife.

Everyone who reads this book has to examine his own beliefs in the justice system. If someone is poor, do we simply not care what happens to them. Do we care if the system is vindictive and prejudiced against a inmates who exercise their right to be heard? In 1996 Nolan was told that if he stopped appealing his case, he would get a parole hearing. In 2004, he was taken before the Parole Board and asked one question, are you still appealing? His answer was yes. He was thanked and he left. According to the records of the Nevada Department of Corrections, Nolan will not be eligible for parole until January 2010. In that same year a Sun Valley man who was considered in category of the worst of the child sex predators was released to return to society. He had no appeals pending.
Comments regarding the persons in this book:
1. Judge Charles McGee. He was given the opportunity to read this manuscript, but declined. In 2003 Charles McGee voluntarily placed himself in rehabilitation for alcoholism. He returned to the bench only to be arrested within four months after his return for driving under the influence right around the Christmas holiday. In 2004 he served a jail sentence for his offense to which he plead guilty of having twice the legal limit of alcohol in his system. He was defended by the other justices of the Second Judicial District Court who championed his judicial position and have allowed him to remain on the bench as the Drug Court Judge. In November 2004, he announced his retirement effective January 2005.
2. Mills Lane. He indicated that he would like to read the manuscript when it was in progress in 2002, but he suffered a stroke in 2003 and did not get an opportunity to read it.
3. The victims: Theresa R., through her husband, demanded that we not publish this book. He stated that she would have to re-live a very difficult time and that she did not want to consider the innocence of Nolan Klein.
Bridgett S. asked that the book not be published after she read her portion of the manuscript. She also stated to the Pardons Board that she did not want Nolan Klein given parole because she would fear for her life.
4. Shelly O?Neill was given the manuscript and made no comment.
5. Ron Rachow was given the opportunity to read the manuscript but declined.
6. An attorney who represents the police officer?s union was given the manuscript, but gave us no comments. Detective Sherman Boxx did meet with us once with his attorney present. He stated that he believed that he had given all the evidence that he had to the District Attorney.

[yesyoucan]

For the past several days, I've read comments of the many people who had, have, or maybe a victim themselves to be mistreated by the criminal justice system. I have read where many has reached out for help, with no one assisting. I can relate because I am still fighting to uncover the real criminals; prosecutors, defense attorneys, and law enforcement in my situation. I have said several times previously, but privately. I'm sure many has reached out to civil rights organizations; NAACP, Operation Push, National Action Network, Churches, the ACLU and other organizations who either don't care or their case load is overwhelming with claims of innocence. It is time for every INNOCENT person in America family members, friends, and community to come together in a Washington, DC in a March, Sit in or whatever it takes to put a face to this MISCARRIAGE OF INJUSTICE. The world need to see how many of us it is, it's not just ONE person but thousands. It would be wonderful to have every man and women , the 233 persons who have been exonerated to lead us in our peaceful rally of injustice.

[Ms_Murphy]

You know what, I do not "BLAME" Jennifer or Ronald ... it was a "MISCARRIAGE OF JUSTICE" BY OUR CRIMINAL JUSTICE SYSTEM; and YES, I realize "EVERYTHING" and "EVERYBODY" has IMPERFECTIONS! However, "MISTAKES" should NOT BE "PERPTUAL" THROUGHOUT OUR NATION! It should NOT be "TOLERATED" in NO WAY, SHAPE or FORM; how "SIMPLE" is that???! I am quite "SURE" numerous, "INNOCENT VICTIMS" have spent "LIFE" in "PRISON," or either "DIED NATURALLY," or by the "DEATH PENALTY" in this "COUNTRY," due to a "PERVERSE and INDIFFERENT" CRIMINAL JUSTICE SYSTEM! This is what BOTH "SADDENS and ANGERS" me in general about "SITUATIONS" like Jennifer Thompson's Story!!!
AND SO THIS STORY OVERLAPS WITH "WHO" I AM ... being AFRICAN AMERICAN (not to exclude other PEOPLE OF COLOR), I "KNOW" how we get "PERSECUTED" for "SIMPLY" BEING WHO WE ARE ... and I am NOT JUST "SAYING" SOMETHING JUST TO BE "SAYING" IT, because "MY PEOPLE" have "LIVED" it EVERY "SINGLE" DAY OF OUR LIVES, FOR BEING WHO WE ARE here in AMERICAN SOCIETY! THERE is NO "JUSTICE SYSTEM" for a SUPPOSEDLY - INFERIOR, RACE of PEOPLE! OUR ONLY "JUSTICE" IS "GOD ALMIGHTY," or SOME MAY "THINK" IT'S "BARACK OBAMA," but he is just A MAN! AMERICAN SOCIETY IS A CONSTANTLY GROWING, HETEROGENEOUS SOCIETY; ALTHOUGH from an "AMERICAN CRIMINAL JUSTICE PERSPECTIVE" it is a CAPITALIST SOCIETY which READILY FOCUSES on "BLACK-AND-WHITE ISSUES" while other SIGNIFICANT ISSUES ( other racially ethnic people) are being OVERLOOKED! AND while PEOPLE are sitting back TALKING about "CHANGE," OH "CHANGE" IS GONNA' COME ALRIGHT, when "JERUSALEM" comes down from the "SKY" and "MANKIND" IS JUDGED FOR THEIR ATROCITIES! BECAUSE AS SURE AS THE "SKY is BLUE," "MANKIND" IS GOING TO HAVE TO PAY FOR THEIR SINS - SOONER OR LATER!!!

[elmer4015]

Treason is the only crime defined in the Constitution. Conviction requires the testimony of at least two witnesses to the same act. There is a mathematical reason for this.
Suppose the probability that a witness will falsely identify an innocent person is p.
Most people would say the probability the person is guilty is 1 - p.
If for example p = .001 that is one in a thousand times the witness is incorrect then people would say the probability the person is guilty is 99.9%
THIS IS INCORRECT.
Suppose there are N possible people who could have committed the crime.
Then the probability P that the identified subject is actually guilty is given to high approximation by
P = 1 / [ 1 + N p ]
If for example N were 100 and p = .001 then P = 91% or the probability the person is actually innocent is about 9%. Do we convict or execute on that basis. If N were 1000
P would become 50%.
None of the above should be read to say rape is not a horrible crime. The solution should be to get as much physical evidence as one can. This would reduce the value of N the number of possible suspects and thus increase P.

[Tonjabrown]

I have to defend this woman. In her heart and sole she honestly believed Mr. Cotton was the right man. Let me ask you this. If you or your loved one had been raped and the suspect was caught and he went to trial and was found guilty, wouldn't you be feeling the same way Jennifer felt? I certainly would. Years later would pass and then you would learn they have the wrong man. How would you feel then? Probably the same as Jennifer.

[Tonjabrown]

Your son was extremely lucky that he didn't have to spend anytime in prison other than the few months he served in jail. Once someone is convicted it takes years if not decades before their free. It comes down to this, ONE CRIME. ONE CONVICTION. That's how a lot of prosecutors do it. They don't care if they have an innocent person in prison all they care about is balancing the books, so to speak.

Your son will never get over it. Those wrongly accused or convicted never do. Just give him support and love that's all any of us can do for them.

[dedicatedmom54]

Seeing the story about a man falsely accused of rape opened up the flood gates of my sons story. Not quite the extent as Ronald Cottons however. My son was arrested for a rape he did not commit! The terrifying experience truly cannot be put into words!! You know your innocent but no one beleives you!! Then to find out that the police withheld vital evidence that cleared you and did not turn it over in the discovery process is just too much to bear! My son spent 3 months in jail for something he didn't do! So I can just imagine how Ronald Cottom felt to have spent years in jail! Mis identifying a person happens all the time! But also scary is the police misconduct that happened in my son's case!! How can a human being withhold evidence knowing it clears someone? How can this person lay down and go to sleep at night? I don't know if my son will ever fully recover from the emotional scars this injustice has caused. He is a 33 year old man with no prior involvement with the law! He was terrified!! He didn't know if he would lose his family, his freedom, his sanity! When we finally were able to post his extremely high bail he considered suicide! He just didn't know how to deal with what was happening to him or understand why!!

[Tonjabrown]

JENNIFER, PLEASE CONTACT ME, I have experienced exactly what you did. Noone has ever understood how I feel until I saw this show. In 1984 I was raped by an intruder at knifepoint in my home. He served 19 years of a life sentence then in 2004 I received a phone call saying the DNA didn't match. I was completely devastated. The fact that I my testimony put an innocent man in jail haunts me every day. I also have a strong need to speak to him. Please contact me through this medium I need some kind of closure . PLEASE!!!. I feel that I am a victim too. Editorials in the paper calling me a liar. News reports when I couldn't speak my side. A family member even said. "Why did you do such a thing?" As you know, I was positive the person convicted was the rapist POSITIVE!!!
Please I beg you to contact me.
Posted by vzdee at 12:23 AM : Mar 10, 2009

I could sure use your help. I might be able to get you some media attention in my state. Your story would be beneficail to our 2009 Legistature. Would you be willing to submit something in writing on behalf of some legislative bills in my state? You or anyone else may contact me at the following

Tonja Brown
[e-mail]

[Tonjabrown]

Posted by t_rodg at 9:26 PM : Mar 10, 2009 "I always heard it said that the justice system would rather allow 10 guilty meant so free than one innocent man go to prison."

T-rodg it's the other way around. It's the private citizen who would rather see the guilty go free than an innocent person remain in prison. For example in my state of Nevada, our judicial system would rather keep an innocent person in prison then to let guilty people go free. More importantly, the members of our Pardons Board, Governor Jim Gibbons, Attorney General Kathrine Masto, and our Supreme Court Justices knew for a fact that my brother was innocent. They were given all the documents proving his innocence. The documents consisted of the police report on the REAL PRIME SUSPECT, and the rest of the evidence that cleared him of the crime that was withheld from the jury and the defense. They were even given the documents that my brother's public Defender, Shelly O'Neill admitted that she had committed perjury during the 1991 post conviction hearing when she said she investigated into the prime suspect and the rest of the evidence that cleared him of the crime. Just so you know we had an airtight alibi, or so we thought. My brother was in Carson City playing pool with several witnesses the night of the crime. These witnesses testified that they were with him and my brother was convicted. He received 40 years and 2 life sentences. Since my brother will not admit guilt the Parole Board has told him he will never be free until he does.

Anyway, just weeks before the Pardons Board hearing where by brother was being considered for a Pardon the District Attorney, Dick Gammick during a September 2008 interview with our local TV station admitted that they were the ones who opened up the DNA kits and withheld the results from us for years. You see, in 1998 we went into court on the tampering of my brother's DNA evidence.. The DA admitted that the evidence was gone but they didn't know what happened to it.

At the Pardons Board our attorney's demanded those DNA test results. Chief Justice Mark Gibbons said, "I'm very disturbed about what happened to Mr. Klein's evidence would you like to explain? The asst. DA, said, he didn't know anything about the DNA evidence and that Mr. Klein can litigate it. EVERYTHING STOPPED RIGHT THEN AND THERE. THE PARDONS BOARD MEMBERS VOTED TO DENY MY INNOCENT BROTHER A PARDON.. So now if may take several more years before he is set free that is of course, that he doesn't die before that happens.

We recently filed a motion in Washoe County District Court CR88-1692 asking the court to order District Attorney Dick Gammick to produce the DNA results. The Judge, Brent Adams stayed our Motion for the DA to produce the DNA results until my brother's other case pending before the Supreme Court is resolved. This case pending has nothing to do with the missing DNA evidence.

One more thing, it is documented that Judges CHARLES MCGEE, AND MILLS LANE, yes the judge who had his own tv show, Judge Mills Lane conspired with the Detective in 1996 to cover up what happened to the DNA evidence. I have the February 1996 letter written to Judge Mills Lane from the Detective on how they were going to do it. Then we went into Judge McGee's court in 1998 and McGee dismissed my brother's petition on the missing evidence. Now, we learned the Gammick who is referred to as Mills Lane Protege tested the DNA after trial and never told anybody. Why is that? because the DNA didn't match my innocent brother. This is why our judicial system would rather keep an innocent man in prison, because, if they were to rule in his favor, it would open up Pandora's box on all the other cases that have evidence held within in the Washoe County Courthouse.

[steve050765]

I have zero sympathy for this woman. Did you read or hear the part when she said she wished Mr. Cotton would get raped and killed in prison? Does that sound like a christian to you? So now she knows what Christianity is all about because "he" forgave her. He was punished for nothing, her punishment will be to spend her afterlife with Mr. Poole, in hell

[t_rodg]

I was considering the Tim Cole case in Texas where a man was exonerated after he died in prison from Asthma. I wonder why state courts are so reluctant to even approve D"NA testing where there is doubt and why does it take so many years to set them free after they are proved innocent.

I always heard it said that the justice system would rather allow 10 guilty ment so free than one innocent man go to prison. That's clearly not the case

[Flaray]

To hershey80: You still have the recourse of suing the State of Maryland. If I was your son, I would do so!

[finnsadie]

Maybe if Mr. Cotton had been in jail for his 3 previous convictions he would not have been falsely identified for raping Jennifer. Yes Jennifer was actually raped, a fact that seems to be lost on many of the people who have made such nasty comments about her. Why didn't 60 minutes report on someone who was truly innocent - maybe they couldn't find anyone. Jennifer has been vilified and Ron has been praised for his forgiveness. One of Ron's convictions was for sexual assault. I cringed when I saw Jennifer actually go on speaking tours with this person. And to Mr. WhatIthink - false convictions are a mistake, not a crime. People accused of crimes receive due process of law unlike victims of crime. There is no grand conspiracy to lock up innocent men. I have faith in our system of justice and I think the bigger problem is that not enough criminals are behind bars not that too many people behind bars are innocent.

[yesyoucan]

One way to weed out the bad, is to remember the stories like Mr. Cotton when it's time to vote for: Judges, Prosecutors, county Sheriffs, and Chief of Police. If we don't give power to this type of mentality it will self destruct. It is sad to say I have read story after story very much like Mr. Cotton, and these stories generate out of NC. Glen Chapman, Jonathon Hoffman, Daryl Hunt, Alan Gell, and Lesley Jean. Prosecutors, Defense Attorneys and Police misconduct will continue until a slap on the wrist or a day in jail is no longer the punishment. To forgive is wonderful and what we are suppose to do when one offend us. However, we are not commissioned to allow evil to run rampant among us. We do not fight against flesh and blood, but the powers and principalities in high places. I advise you all to read the book "Picking Cotton" This is a sad story, however a story of survival and the courage to fight back against the evil that put both victims in their circumstances. For those of you who are tired of hearing about race, I?m sorry; it is what it is. Mr. Cotton race and his preference to date white girls incarcerated him for 11 years. Mr. Cotton was wrongfully incarcerated for a rape he did not commit, but he was not wrongfully targeted. I commend Mrs. Thompson-Cannino, I do not believe she was another Susan Smith who claimed a ?Black? man did it. Her membership in the North Carolina Actual Innocence Commission has confirmed for me her dedication and sincerity. I have had personal experience with the Commission and the wonderful students who volunteer their time investigating claims of innocence. To: Mr. Cotton, and Mrs. Thompson-Cannino; I thank you for sharing your story. There are many of us out here who are fighting for their love ones who like you were targeted. I truly believe God knows whom he can trust with such an awesome responsibility and experience to continue to Trust Him, when falsely accused, lied on, and convicted. One who knows that He is still there and in control when your resources are all gone, friends and family turn on you, and your appeals have been denied. Your story is a confirmation. God has trusted our family too with this journey, and we will stay on the battlefield until the battle is won.

[Mruphy8]

The expert interviewed by Leslie Stahl said that memory isn?t like a videotape, it?s malleable.
This idea is based on the work of Montreal neurosurgeon Wilder Penfeld.
The idea was popular in the 1950s. Does anyone actually believe it anymore?
As for the expert. Didn?t the producer read what happened when US Attorney General Patrick Fitzgerald examined her on her eyewitness research in the Libby case?
This 25-year-old case ended with an innocent man being imprisoned.
Let's hope that future jurors who saw this show realize that eyewitness identification has come a long way in the past 25 years.

[Silvando]

I was touched by this news story. The meeting between Jennifer & Ronald in the church: her humility in seeking his forgiveness and his gracious act of forgiveness are truly exemplary. As I listened to the story tears just start flowing down my cheeks. If we all took this approach in our dealings with one another the world would be so much a better place. And out of this tragic story of a travesty of justice has emerged a wonderful friendship between two people whose lives were brought together in a most unusual way. I lift my hat off to these two heroes and pray that their work and example may be an inspiration to others.

[chuckt123456]

JENNIFER, PLEASE CONTACT ME, I have experienced exactly what you did. Noone has ever understood how I feel until I saw this show. In 1984 I was raped by an intruder at knifepoint in my home. He served 19 years of a life sentence then in 2004 I received a phone call saying the DNA didn't match. I was completely devastated. The fact that I my testimony put an innocent man in jail haunts me every day. I also have a strong need to speak to him. Please contact me through this medium I need some kind of closure . PLEASE!!!. I feel that I am a victim too. Editorials in the paper calling me a liar. News reports when I couldn't speak my side. A family member even said. "Why did you do such a thing?" As you know, I was positive the person convicted was the rapist POSITIVE!!!
Please I beg you to contact me.
Posted by vzdee at 12:23 AM : Mar 10, 2009


you want closure for something that your not gonna get,, you fkd up and now you have to live with it like he did, except you dont have to live with it behind bars worrying if your gonna get jumped for your ramen noodles.

[whatithink-2009]

"I don't lose a lot of sleep worrying about the small percentage of people 234 out 7.3 million that have been wrongly imprisoned. I have much more compassion for the victims of crime, especially rape.
Posted by finnsadie at 8:15 AM : Mar 10, 2009 "


This comment is RIDICULOUS!

First, you don't know how many people have been falsely accused and imprisoned. You are only acknowledging the ones who have been able to prove their innocense by DNA testing...not many have this luxury.

Second, if the person has been falsely accused and imprisoned they ARE A VICTIM OF A CRIME. They are a victim of a crime by society for falsely imprisoning them and many people have been falsely imprisoned and probably given the death sentence or raped in prison on top of being falsely accused.

You should learn how to show compassion WHOLEHEARTEDLY, instead of being a SELECTIVE COMPASSIONATE PERSON.

A person who has been falsely accused and imprisoned IS A VICTIM!!!

[finnsadie]

beentheir1 or do you mean beenthere. Your message was rather vitrolic and you missed the point. I don't want to see anyone imprisoned for a crime they did not commit. The good part of this story was that new methods of witness identification can be used to help avoid these types of mistakes. Having said that I don't lose a lot of sleep worrying about the small percentage of people 234 out 7.3 million that have been wrongly imprisoned. I have much more compassion for the victims of crime, especially rape, where the victim is frequently victimized again by the justice system. The following statistic bothers me a great deal - only 6% of rapists will ever spend a day in jail.