Comments on: Eyewitness: How Accurate Is Visual Memory?

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

[kpbean]

Thank you for this fascinating story. A question that I hope will be answered: Was it just me or was there censorship of some of the interviews? At one point during the interview with the detective, I believe it was, my screen went momentarily black. My impression was that there may have been some off-color language. The second time there appeared to be censorship was when Ms. Thompson was talking about how Cotton met her in a church and told her he forgave her. Ms. Thompson went on to say this was the essence of [Christianity?] -- this was when a seemingly random piece of unrelated tape popped up for a second or two. What's going on?

[inrem]

Ron deserves a medal for forgiving Jennifer and Jennifer deserves a medal for doing so much to prevent these all too frequent miscarriages of Justice. This video should be mandatory viewing for ALL law enforcement agencies. Its too easy for a well-intentioned
officer to offer subtle hints to the victim as to who he/she believes is the perpetrator (even though most of the time its correct).

[doctord03]

Your story on the witness misidentification in the North Carolina rape case was very interesting and very moving. I formerly worked as a judicial attorney for an appellate judge, and I had to read many troubling criminal cases in which witness identifications were crucial and in question. From testing myself, I've also worried about my lack of ability to recall colors of cars or clothing and other details from incidents in the past, even though I pay close attention to detail in the present. I've also been troubled when friends and relatives occasionally recall, clearly and in detail, incidents that I know never happened! Memory is much more problematic than most realize, both inside and outside the courtroom! But I am so glad that the wrongly accused prisoner was exonerated and was able to forgive, and that he and the mistaken witness-victim are now working to inform the public about this serious problem.

[janfelder]

This story touches me because my grandson has been falsley identified in a home invasion crime. The witness identified him by covering everything but his eyes. She said she had a feeling when she looked at his eyes. Another witness said he knew they were black because they used bad language.The jury found him guilty of kidnapping, armed robbery & burglary, and he is awaiting sentencing. His lawyer tried to get him to plead guilty so he would not have to spend the rest of his life in prison. He is innocent and didn't think he needed to plead guilty to a crime he didn't commit.. Now we are faced with a life without my grandson and legal expenses we cannot afford. Any guidance or help would be greatly appreciated. Jan

[ParrsRidge]

I was moved to tears upon hearing that Ronald Cotton said, 'I forgive you,' to Jennifer Thompson for wrongly identifying him as her rapist. The depth of Mr. Cotton?s mercy and generous compassion should be an inspiration for all of us.

[write2right]

Kudos goes out to Lesley and the 60 Minutes crew for bringing such excellent reporting to the table, because for too long the news has been ambushing the public with pure pablum.
It was heartwrenching to say the least for me to watch the story about Jennifer misidentifying Ronald. Lesley brought about a good projected view of how an individual can be deceived by their own senses.
But since this is America, and for far too long White women have demonized Black men to the point where our penal system is full of Black men that have been wrongfully accused of a crime they didn't commit.
I'm just curious as to why Lesley didn't investigate further the notion that race played Ronald's very unfortunate demise?
As my lovely wife, and I watched the program I could just see all the racial venom harboring inside Jennifer, because she was allegedly raped by a Black man?
Sure my heart goes out to the young lady, and I wish that the incident had never occured, but hey Ronald's a victim here as well!
During the second trail Jennifer had the distinct opportunity to recant her story, but no - she had her mind made up that Ronald was the culprit.
Perhaps this is where cognitive dissonance apprehended Jennifer's mind and wouldn't allow her to conceptualize the thought that the possibility of another man raped her?
All throughout America's history we can refer to cases where white women claimed that Black men raped them, and the first Black man the police saw got arrested, and sentenced!
The train of thought still prevails that one Black man is as good as another, so it really doesn't matter if Ronald commited the crime - we [the police] arrested a Black man who a white female says raped her.
How much more torture are Black men supposed to endure?
Now I also hold Ronald responsible because he used a bogus alibi, and just perhaps if he had been forthright with the police - he might not have gotten sentenced to prison?
In my earnest estimation I say it's only by the grace of God that Ronald is still alive to tell his story. Too many men regardless of race, creed or color go to prison and come out with a toe tag!
Furthermore, I give credence to Ronald for being such an outstanding "man of God" and holding on to his christian convictions.
Ronald God bless you and your family, because you inspired me and you are a better man than me, because I don't think I would be so quick to forgive Jennifer as you did?Jennifer ruined your life - I'm glad that you have the spirit of the Lord with you to become her friend!
God bless America!

[rocknroll3333333]

I am an 8th grade student, and i really found this article both ironic and interesting, for the fact that last thursday i competed in the science fair at my school with the same project. I walked into an unfamiliar classroom, with solid colored clothing on dropped some papers and a textbook, then gave questionairres to the teacher to hand out when i left and on my way out i discreetly took something. Questions on the questionnaire included male or a female, color of clothing, hair, eye color,etc., to my surprise 35 percent said i was a boy and they couldn't remember small details like eye and sho color. I ended up saying how this could help society in my conclusion by making sure that since we all are human and make mistakes that no one gets wrongly accused and the real criminal will get punished. I ended up winning honorable mention for my project, which was good enogh for me. I want to continue working on this project to answer more questions i had.

[trooperjoe]

As usual, great reporting! I was very glad to see Mr.Cotton cleared. I hope that your segment inspires all law enforcement agencies and training academies to review their procedures regarding photo line up identification.

[Boweese]

When I was 14 years old a man attempted to rape me. The police were notified & I was brought to the hospital to confirm my story. While there, the police showed up with a man matching my description in the back of the patrol car. I was asked if he was the man that attempted to rape me. He looked just like the man that attacked me. He took off his hat to show me his braids & asked me if the man that attacked me had his hair braided. I replied "he was wearing a hat, I didn't see his hair." However, as much as he looked like my attacker, I was not 100% positive that this was the man, so I had to release him. To this day, I wish I had asked to smell his breath. I am sure I could have positively identified him by the smell of his breath.

[FightingForJustice]

60 Minutes' story about Mr. Cotton is a sad one. I was falsely accused of a sex crime in 1984, but was never tried nor convicted. Seven months later, all charges were dismissed with prejudice, meaning that they cannot be re-filed. Or can they? Under the Federal Rules Of Evidence (412-415) and an Arizona statute, a person who has been accused of a sex crime (even falsely accused) faces the real possibility that any prior accusation, not just convictions, can be used as evidence to convict in any future case. That should violate the Double Jeopardy Clause of the U.S. Constitution.
Seven months after being arrested, all charges against me were dismissed at the request of the prosecutor. That may sound like the prosecutor was being honest and seeking justice, but don't be fooled. That prosecutor had snuck allegations against me past the grand jury. It was alleged that I violated a number of statutes, including statutes dealing with prior convictions for a sex crime and failing to register with the sheriff, and committing a felony while on release from another charge. I have never been convicted of any crime, nor was I ever arrested for a crime except that one time of being falsely accused. For the supposed prior convictions, I could have been sentenced to 25 years to life per count.
In civil litigation that followed, that prosecutor said he believed that I committed the crimes, but he no longer had the evidence to convict. The only "evidence" he ever had were the knowingly false statements of the police and Big Brothers' staff, and statements of my "Little Brother" and his mother after they were manipulated into false statements, what is today known as the "false memory syndrome". None of that "evidence" disappeared, but my "Little Brother's" taped statements contradicted the police. In the civil litigation, it was learned that the prosecutor was involved in ordering and fraudulently concealing a police interview of a key witness (the alleged victim's older brother), that even the prosecutor has now testified convinced him to seek dismissal of all charges against me. In civil litigation, my "Little Brother's" mother confirmed that her older son was questioned by the police, and that the interview was arranged through the prosecutor's office. The government refuses to update law enforcement records to show the dismissal, so background checks show the arrest and indictment, but the dismissal doesn't show. That indicates that criminal charges are still pending more than twenty-four years after they were dismissed. The F.B.I. has refused to investigate, as did several Arizona and other Federal officials.
The U.S. Supreme Court refuses to hold dishonest judges and dishonest attorneys accountable for fraud on the courts. According to its own website, the U.S. Supreme Court turns 99% of all litigants away. This is due to the Court's overwhelming caseload of about 10,000 case per year. In a Petition For Rehearing, I asked what would happen if 99% of all Federal employees, including the Supreme Court Justices, stopped getting paychecks, because it is too overwhelming to get all of them paid. I also asked if the water department could assert "discretion" to not provide proper service to 99% of the homes and instead just recycled raw sewage by pumping it back, including to the Supreme Court Justices and their staff members, as "potable water", and then argue that they learned the method from the Supreme Court that it is legal for the government to provide crappy services or no services if overwhelmed by the workload.
I am asking that President Obama exercise his duty under the U.S. Constitution to ensure that laws are faithfully executed, including criminal statutes 18 U.S.C. §§ 241 and 242 to hold judges and justices (and all other government officials) accountable for their part in violating federal rights. I am also asking the U.S. Congress to conduct an investigation and impeachment proceedings against judges, justices, and other Federal officials involved in corrupting the judicial process. Finally, I am asking the news media and the general public to help me push for full and fair access to the courts for everybody, and full accountability of the dishonest judges, attorneys and litigants.
As for Mr. Cotton, race was probably a factor, but not necessarily racism. Some time back, the news media did a story about the difference of people identifying somebody of their own race compared to somebody of another race. Generally people do poorly with identifying people they never met before, but do even worse with somebody of another race.
Government officials need to be honest enough to give full and fair consideration to all the evidence and being will to admit they might still be wrong, and finally to correct all injustices, no matter how time consuming or costly to the government. The $10,000.00 per year in prison paid to Mr. Cotton is unjustly low.

[broddybounce]

Lesley,

This is one of the best pieces you have ever done, and one of the best 60 Minutes has ever done overall. I thought your story on Rex was your best -- until now.

For the last 5 years or so, you have not only been my favorite 60 Minutes correspondent, but my favorite person in the news business overall. You have just solidified my opinion yet again.

I've always thought if I was ever in a situation serious or fantastic enough to be interviewed by a national news organization, you'd be the only one I'd let myself be interviewed by.

Hope you win a Peabody Award for this one!

Congratulations!

[Roscoe00]

Why all the hate directed at both of these people. One was unjustly accused the other made a mistake, a tragic one, but a mistake nonetheless. Hate seems to trump all for some people. I'm an atheist and am continually amazed at all the hate there is among the religious, even as they tout their love of their God.

[Roscoe00]

I have been watching 60 Minutes for many, many years and have never seen a more compelling heart-felt story than the Ron Cotton/JenniferThompson story you aired tonight. I'm a old retired trucker and not a whole lot moves me but this one did.

The best of everything to both families - they all have to be wonderful people.

Sincerely, Dennis Mcish

[gblog]

One thing the "experts" failed to mention (including that Jennifer Thompson didn't mention it) is the REAL BIG problem with human nature that causes people to not want to change their testimony (and their minds) about any given thing to something different after they have already been telling their original story about something over and over again.

Anybody who lives to be at least 8 years old has experienced this situation: It amounts to a case of "vanity" and "selfish pride," including a preservation of "ego" where roughly 100% of every person (at least over the age of 8) on the planet does not want to suddenly make a 180-degree change in their testimony or opinion about any given thing; and the reason is because YOU KNOW THAT WHEN YOU DO CHANGE YOUR TESTIMONY to something completely different from what you had originally been saying all along -- that those people around you (e.g., your parents; your friends; the jury; the media; etc.) will suddenly begin to believe that you are aloof and where your personal credibility is going to be held in serious question.

It takes an entirely humble person to freely admit that he or she was - or could be - wrong with a previous testimony about something, even including simple arguments that don't involve anything nearly as serious as seeing a person wrongly locked up in prison for 11 years for a crime he didn't commit. And the fact is that there just are not very many truly humble people in this world (including me, and I will admit it here) who are easily willing to sacrifice their sense of credibility and reputation to those around them by possibly admitting to being WRONG about something that they have been using to carry a chip around on their shoulders for a long period of time. It just makes you look bad when you do have to admit to being wrong in any given situation.

THINK ABOUT IT: We have all been wrong about something at one time or another in our lives. But how easy is it to just frankly admit to being wrong, or possibly being wrong, even when you are confronted with some form of evidence to suggest that you were in fact wrong about something? It is never easy, is it?

You already know how it feels to have held your ground over something for a long period of time when someone suddenly comes along and suggests that you were wrong about your argument. Being faced with that type of offensive argument in the face of something you have devoutly claimed to be true is never an easy thing to swallow. Your first reaction is to become rebellious against any suggestion that you could have possibly been wrong for so long, and which is EXACTLY what Jennifer Thompson did by her own admission.

Therefore, although Ms. Thompson has at least CLAIMED to have never held any personal doubt over her incorrect assumption of the guilty person as being Mr. Ronald Cotton, I am personally not convinced that she was being sincere with that personal appraisal of her own apparently faulty memory. If the reality of the situation is one for which she actually did hold some doubt about her initial testimony toward the end, then the next problem with her ADMITTING to that fact would end up becoming a case where she DEFINITELY would have lost a lot of credibility with the court system, and ALSO INCLUDING that Mr. Cotton may not have been quite so quick to forgive her for her case of mistaken identity against him.

I'm not going to definitely suggest that Ms. Thompson is carrying around a big lie on her shoulders in the face of Mr. Cotton to suggest that there may have been an element of doubt on her part that she is not admitting to at this time, but I do believe it is possible. For one thing, it was again by her OWN ADMISSION where she was at least attempting to deny the fact of the DNA evidence against the actual rapist at the time when that incriminating evidence was first presented to her. In her own effective words, she did not want to admit that she was ALL WRONG in the first place, and where she claimed to have sobbed and cried over the end result of the whole ordeal.

All too often, though, it is ONLY in the face of undeniable and forcibly incriminating evidence - such as with DNA - where a person like Ms. Thompson is quite literally forced to admit to everyone (including to admit to herself) that she was indeed very wrong with her initial and false assumptions. It is a very humiliating experience to be proven wrong in a situation like that, but it certainly DOES NOT mean that Ms. Thompson is a humble person if in fact she did hold some element of doubt in her mind before Mr. Cotton was ultimately exonerated of the crime, and whereas she has failed to admit to such a fact.

All it would mean is that she did not want to - and does not want to - lose her sense of credibility for honestly admitting to a case where she did in fact hold an element of doubt in her mind about Mr. Cotton...

[freeus007]

My friend's bond was illegally revoked and he was illegally detained for over 8 months without a charge being filed against him. Then, despite having a minor non-violent conviction record, he was sentenced to 14 years in prison on a minor infraction in a lynch-mob of a sentencing hearing before a self-proclaimed "impartial" judge who fully believed the outrageous claims of the state. Now, 200+ days later, the prosecutors still have not charged anyone with the murder, and probably won't. Why? Simply because they blew it! From day one of the murder, they presumed they had their gulty person and despite the fact that the evidence at the murder scene must have shown them that the likelihood that he did it was too small to count on; they have focused on him to the exclusion of anyone else. After an exhaustive investigation of friends and family and testing of belongings (which the police have never even properly acknowledged by inventory because the seized items exceeded the scope authorized by warrants) the police have come up with nothing incriminating and much that is exculpatory. The police know that the murder involved the active participation of at least 2 individuals, yet the re-examination of the life of one person whom they have actively monitored for the past 17 years has failed to turn up anyone with the violent capability to be the primary suspect in a particularly brutal shooting murder. The police are back to square one. All they have is the alleged eye-witness testimony from persons at a distance who saw someone in a vehicle whose description was not accurate to my friend. They also have a witness alleging me at the scene on a prior day (when I have evidence to show that I was not there) that I was not there, so I have to wonder just how those supposed identifications were elicited by the police.
I know I am innocent. I have no uncertainty about where I was and what I did not do. I also know that the only way my friend could be guilty is if was physically possible for him to have been in two places at the same time and to have accomplished an impossible physical feat of cross-city transportation on the snowiest day of 2008 when even the mail was not delivered and all city services were suspended. Visit http//www.richardwanke.com, for more information. Sadly, I am charged with Obstruction of Justice when the only obstruction to the solving of this horrible murder has been the police presumption at the outset that they knew who did it. My trust in the justice system is gone. To recover not just the years lost, but the entire person lost with a false accusation much less imprisonment, is priceless. And sadly, being cleared is no vindication, no safety net; but the start of a new struggle to survive and to fight for whatever small compensation and peace may be hoped for.

[freeus007]

This report does not concern the issue of whites misidentifying blacks. Ms Stahl's misidentification of another white person shows that the bigger point is the overall unreliability of eyewitness testimony.
At age 49, I had ten years in a union job and a secure future to look forward to. Today, one year later, I have lost my job, my house, my income, my medical coverage, my investment properties, and all my possessions. I have gone from being an upright community activist with no criminal record or use of any illegal or habit forming substance, to someone whose reputation has been so completely destroyed by the police and the press that instead of looking forward to retirement, I will have to begin all over financially after I am even able to file for bankruptcy, presuming that at my age I can remain out of prison or even get a job in the poverty community in which I am forced to remain (by court) with all of my various medical conditions. And, all this caused by my arrest by the police for no direct involvement with a murder and not even the actual suspicion of any involvement in it at all, but simply in order for them to put pressure on a friend of mine whom they suspect of some connection to the murder (although they do not even believe he committed it either). When someone says that it is okay for an innocent person to be wrongly arrested or charged with a crime, simply because the "right" person will be caught often enough and the system should have room for a few mistakes; they do not know what they are talking about. Believe me, if they were the person wrongly accused, jailed, or imprisioned; they would understand that the human cost of any wrongful accusation is too high to pay. It is more than the $70,000 it has cost me so far (which I did not have to begin with) and the loss of my credit record for which I will have to pay and deal with for the next 10+ years. It is the long-term loss of any ability you have at night to sleep; the constant worry of life on the edge with no security and a complete loss of control over your future which will continue for years; it is the effect of putting the lives of not just yourself, but your friends and relatives and everyone you love at financial risk and constant inconvenience. It is the cost of the well-being of my elderly parents; which I find despicable, yet I am powerless to stop. The weight and power of the judicial system is so overpowering in comparison to that of the individual that you are smashed seemingly without a moment's regard or caution. We may speak of legal rights; but somewhere in each of us is the presumption that if we are wrongly accused with little or no evidence, that somewhere along the way, common sense will prevail and a rational person will make the right decison and set you free. Yet, because of prosecutors with political ambitions who are given more and more immunity for unethical decisons, police officers who lie and subvert the system by illegal and false evidence, defense lawyers who do shoddy work even when you pay them, and judges who abrogate all judicial oversight and the press who serve only as the system mouthpiece; no one does step in.

[JENNIFERWOOD75]

I SO AGREE

[msdavis1219]

Wow, where do I begin? Our prison system is full of innocent people whose life, liberty and justice has been denied. One person falsely incarcerated is one too many. The State of North Carolina has a lot of problems with their system. I know a lady right now who is in the process of seeking help to have her husband released from prison. He served in the United State Marine Corps for nearly 30 years which is very honorable. He has an impeccable military record, (including marching with President Ronald Reagan and serving in Desert Storm where he was wounded) but yet the system has let him down. According to evidence she has, not only did her husband have an unfair trial, he is innocent. The incident happened while he was stationed at Camp LeJeune over 5 years ago. I have heard many different situations that have happened at Camp LeJeune through the media and also Onslow County. I'm hoping that she can eventually find some help and this case will be re-opened. Innocent people are sitting in prison, while others take their time and are free to enjoy life's luxuries. Prosecutors and Policemen have too much power to go unchecked. The Department of Justice has done nothing to help as of this date. All she is seeking for is justice. She has the evidence to prove his innocence. All it takes is to present it to the proper authority. I am really happy that Mr. Cotton was finally released from prison. I am waiting for the day that this lady's husband will be released as well.

[MSgtB3]

I have known Wright for years. i was there (1/8) when you mentioned he was "wounded"... he kicked a door in and pulled the trigger to his 9mm at the same time...shot his own foot...it was pretty comical and we kept it to ourselves so he wouldnt get embarressed when he got home. all of us remember the event, and even talked about it at the 10 yr Desert Storm reunion years ago. that clears up the wounded story.

as far as being guilty.. i followed the trial very closely. I also know Linniman. looks like Wright got a fair trial to me. i admired him very long ago when he would give me guidance when we were oversees together. i got injured and he helped me also. its hard for me to say it even now, but in my eyes he is a muderer. i have been in over 20 years...him over 30...sure thats honorable but has zero to do with what he did. yes there are innocent people in jail...it happens. not Wright though. the system didnt let him down...he let us down.

[JENNIFERWOOD75]

WHAT IS WORNG WITH YOU, MOST RAPES AND CRIMES DOINT HAPPEN WITH TWO PEOPLE SEEING THIS HAPPEN. YOU ARE JUST SOO OUT OF THE RELAM OF REALITY. IF YOU HAVE ONE FREE CRIMINAL YOU ARE ASKING FOR MORE VIOLATE CRIME IN OUR LIVES. HOW LAME ARE YOU THE BIBLE IS NOT THE ISSUE, IT'S CALLED THE SEPARTATION OF CHURCH AND STATE

[Tonjabrown]

Innocenct people have been wrongly convicted on misidentification than any other factors combined. It is thru DNA that is exonerating them. However, when you have District Attorney's tampering with DNA evidence in order to keep a conviction that componds the situation and what even makes it worse is the rest of the judicial system who condones it. This must stop. How many more innocent people should remain behind the prison walls because nobody wants to admit they have made a mistake?