Category Archives: Wrongful Convictions

Bird’s-Eye (Witness) Testimonial…

My son, Jared, told me about an experience he had while being vetted for jury duty. With it being closely related to my writings and to the photo lineup I use in my class visits using his photo, I asked him to write about that experience. The following is the piece he sent to me:

Essay by Jared Manninen:

I’ve lived at Lake Tahoe for 20 years, and one of the defining characteristics of being local is that we’re often summoned for jury duty multiple times per year. Usually just once, but I’ve received the call three times in a single year on multiple occasions. Now, that doesn’t necessarily mean that we actually have to report to the courthouse each time and then serve on a jury. Usually, we’re waived off the night before via an automated phone and online message. But prior to the day, we still essentially have to clear our schedule just in case.

In all fairness, though, I’ve only had to physically report to the courthouse a handful of times. But a few years ago I was summoned and, not only was I required to show up in person, I was also put in the potential jurors’ box to be vetted by the prosecutor and defense attorney. Mind you, this vetting process can take multiple days and involve hundreds of citizens. Basically, the attorneys only question a dozen potential jurors at a time. So the whole thing is laborious and time-consuming.

I don’t recall the nature of the case in which I was summoned because the attorneys asked broad questions so as not to give away any of its details. They didn’t want to influence the jury pool, after all. However, one of the troubling aspects that I do recall about this particular case was that the prosecutor admitted that he had no evidence beyond eyewitness testimony. I don’t even think he mentioned that he had any type of circumstantial evidence to back up the testimony. So one of the questions posed to us was whether or not we would have a problem with this scenario.

Now, the prosecutor did preface this by addressing the fact that crime procedural shows such as CSI and NCIS were very popular and have convinced the American populace into believing that DNA and other physical evidence is everywhere for the taking. However, this is obviously not true, and we all acknowledged that real life is not nearly as formulaic as a 42-minute TV crime show.

I was the only person in the juror box, however, to raise my hand in opposition to the fact that we’d only be hearing eyewitness testimony. The prosecutor, therefore, zeroed in on me and questioned my rationale.

The photo lineup Jared and I created to illustrate the real pitfalls of mistaken witness identification

I described the wrongful conviction case in which my mother was working. And based on our many conversations, as well as the books, articles, and interviews that I had read about wrongful convictions, I learned that without corroborating physical evidence, eyewitness testimony is not reliable. In fact, according to the National Registry of Exonerations, mistaken witness identification (i.e. eyewitness testimony) happens in 27% of all wrongful conviction cases. That’s one in four! In addition, the percentage of mistaken witness identification cases of those exonerated through DNA testing is approximately 75%. So I was very dismayed by the fact that the entire case on which I was potentially going to be a juror was relying completely on eyewitness testimony.

Needless to say, after the brief conversation the prosecutor dismissed me as a potential juror. He clearly didn’t want me influencing anyone else in the room. And this was fine because I had no interest in being part of a “he said/she said” type of case. Honestly, I can’t even believe a situation like that would find its way into the courtroom.

In the years since that jury summons, my belief about the fallacy of eyewitness testimony has only grown stronger. And, of all things, this has been a direct result of becoming an avid birder*. But I’m a birder who carries a camera with me.

I know this may sound off-topic. However, birding is essentially a lesson in eyewitness testimony. Literally, I go outside to see certain birds. I specifically train myself to notice unique field marks, flight patterns, shapes, and behaviors that help me to identify those birds. But I still get it wrong sometimes! This is why I always carry with me a camera to capture physical evidence (i.e. photographs) to either confirm or correct my identifications.

And it’s not just me who sometimes incorrectly identifies bird species. Everybody does! Even some of my friends, who I consider to be experts, occasionally misidentify a bird. Our debate ends quickly, though, once I show them the photo that I took of the bird in question.

So expert “observers” still make mistakes. Now, imagine being a random person walking down the street minding your own business when you casually notice out of the corner of your eye somebody running out of a convenience store (after it was robbed, for example). It should be fairly obvious why eyewitness testimony wouldn’t be reliable under those circumstances. Ultimately, atmospheric conditions, physical obstacles, distractions, fatigue, mental biases, and other factors conspire to erode our perception of what we believe we’re seeing.


Jared in his element, in the mountains at Lake Tahoe (Photo courtesy of Jared Manninen)

Jared Manninen is an artist and writer who has lived at Lake Tahoe since 2005. He’s an avid hiker, cross-country skier/instructor, and amateur naturalist who works in the outdoor recreation industry. As a result of this immersive experience, his art, photography, and writing all reflect his appreciation for Lake Tahoe and the surrounding Sierra Nevada Mountains.

The purpose behind my art is to not only share my love of Lake Tahoe but, more importantly, to inspire you to go outside and have your own adventures (regardless of where you are).”                        —  Jared Manninen

*Incidentally, Jared participated in the Tahoe Big Year for birding in 2024. He came in first place by identifying (and providing proof with photos) the most bird species in the Tahoe region. He recently gave a talk about that experience at the Tahoe Public Library.

View some of his many bird photographs on the  inaturalist  site.

A Haunting Resemblance…

April 19, 2025 marked the thirty-year anniversary of the Oklahoma City Bombing, a horrific incident classified as the largest terrorist act ever committed on US soil. A fitting day to revisit the following exercise:

You be the judge:

Middle image is a police sketch. Which of the adjacent photos is the better match:  A or B?

                           A                                            Police Sketch                                         B

Why I administer this test: 

At the time of the incident, it hit…well…sort of close to home. Based on the results of administering this exercise in the past few years, especially when testing young adults, it could have marked a definite turning point in the life of my family.

When the bombing happened in 1995, a police sketch of the suspect was circulated on the news. Mike and I felt it was a stark resemblance of someone close to us, someone who was also in the military at that time, but stationed in another state. In fact, calls came in from all over the country from family members who expressed that same concern.

In this case justice was served. However, when the perpetrator, Timothy McVeigh, was finally caught and his face appeared in news clips, our first impression was that his facial features didn’t match the police sketch as well as the facial features of the person we knew.

With that said, my point with this exercise is less about guessing the correct answer and more about illustrating how unreliable police sketches/photo lineups are. I use this exercise when giving talks that include the main causes of wrongful convictions, and more specifically, mistaken identity which happens in 27% of wrongful conviction cases.

The results:

The majority of young people typically choose image A. I’ve used this exercise in classrooms and have actually witnessed a unanimous or majority vote for image A.

Those who know of the incident typically choose image B for obvious reasons.

A significant number of participants are not able to choose and say it could be either A or B.

When I ask participants to disclose why they choose one image over the other the answers are all over the map. They cite the ears, eyes, nose, hairline, lips, or chin as defining characteristics. One participant cited the length of the neck as a factor. What’s more, many attribute similar likenesses from both of the images to the police sketch. For instance, while some feel the ears in image A best match the police sketch, others claim the ears in image B best match the sketch. The point is that we all see things differently based on our innate biases and interpretations which is why photo lineups are so unreliable.

Time for full disclosure. The correct answer is B.  

But who is the person in image A? That’s our son, Jared! In 1995, he was in the Marines and was stationed in California. Years later, while preparing this exercise for a school visit I asked Jared if he remembered the incident and if he had a photo I could use for the lineup. He said he had never seen the sketch so I sent it to him. He was shocked by the resemblance to a photo of himself from his military days which he sent to me! The photo I’ve used is that photo.

What if Jared had been in Oklahoma City during the investigation? Could he have been arrested based on his resemblance to the sketch? I think so. Many others think so. And the fact that Timothy McVeigh was executed for this crime adds another layer of fear that this could have been our son’s fate! A possibility that will forever haunt us…

Note: Another layer in this saga about our son, Jared, in relation to eyewitness testimony will be forthcoming soon in a very insightful upcoming blog. Stay tuned!

New Edition…New Perspectives…New Look…

Hello fellow supporters of Six Innocent Men –

For the majority of the winter, I’ve intensely focused on a 3rd edition of my book, Reclaiming Lives. I’m especially proud of this version and am excited to share the following information.

With merely weeks to go before publication, (approximately 4-6 weeks) this leg of the journey is getting real! Preorders are now available!!

Here’s a recap of the many steps that have been taken to ensure that this edition is top-notch.

New content crucial to this story which I believe will give readers much to think about regarding the merits of this case has been added.

The guys themselves once again contributed content which adds yet another layer to this story that will provide invaluable insight to all who read this book.

I am for the first time revealing the exciting new cover image!

Image of the Brown County Courthouse in Green Bay, WI

This version will have an entirely new look, complete with color photos. It will also have a Table of Contents and a listing of key characters to lessen the confusion about who is who.

The 4 beta-readers did an amazing job of scrutinizing and providing feedback for the manuscript. What they found truly makes this edition shine! The professional editor (through my publisher), upon completing their final round of edits for the manuscript, had this to say:

A fascinating story and really well told. I like the narration style and content and the writing was quite good throughout.”  

I specifically asked my good friend Vicki to be a beta-reader because she reads a lot and has a good feel for what makes a good book stand out. She shared that my book is every bit as worthy of being on best seller lists. However, the fact that I’m not a well-known author per se makes it difficult to get there. So…I truly need your help.

A great way to start is by sharing the link below with friends, family, colleagues, anyone you can think of who might be interested. I’d also appreciate it if some of you took the initiative to reach out to media outlets, news organizations, libraries, book stores, etc… The more exposure this book gets the better chance it has of receiving recognition.

Let’s hit the ground running and get this important story out there and into as many hands as possible. These six men and their families deserve that much.

Preorder through this link:

https://www.kirkhousepublishers.com/product-page/reclaiming-lives-third-edition-by-joan-treppa

Thank you from the bottom of my heart!

Joan