Tag Archives: exonerations

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.

Two Veterans…One Personal Mission…

On this Veterans Day we honor those who paid the ultimate sacrifice for our country. I’d like to also pay tribute to two Veterans in particular that not only served dutifully in the Army but who have dedicated their lives to serving in other important ways as well.

It’s been my absolute privilege to have known these two distinguished gentlemen; Exoneree Michael “Pie” Piaskowski and Retired Crime Scene Expert Johnny Johnson.

Allow me to explain how they met:

“Johnny introduced himself when they walked in. His attention soon zeroed in on the hat Mike Pie was wearing, which revealed he had served in the US Army. Johnny was an army veteran too, which gave them plenty to talk about. They soon realized that they had served in a similar area in Vietnam. “Assisting veterans is what I do,” Johnny said that day. For a brief time, Johnny had assisted my neighbor, Ken, with veteran’s concerns. It is why I ran into him at my mailbox, and it was why I had the opportunity to ask for his help. There was no mistaking the bond already forming between Johnny and Mike Pie or the opportunity that this instance presented—Johnny’s ability to aid this veteran in his personal mission.”  – Excerpt from Reclaiming Lives

After realizing their similar connection they became close friends and together, fought another important uphill battle or personal mission if you will, closer to home. What occurred as a result of this partnership and their collaborations with many others is nothing short of AMAZING.

Read the full story in my book, Reclaiming Lives:

Kirk House Publishers

Amazon 

Or simply purchase through PayPal on this website (at the top right corner of this page).

THANK YOU!

Mike Pie and Johnny Johnson; two regular guys taking a breather in the midst of an important mission. Photo taken at the 2016 Hotrod Breakout fundraiser/car show in Minnesota.

Youth=Our Future

A Happy New Year to everyone!!

On Thursday, December 21, 2018 I was scheduled to do a presentation for students in two of Mr. Lance Pettis’ Criminal Justice classes at Blaine High School. As I approached the school entrance, I recalled the warm reception my trusted partner; retired crime scene expert John Johnson, and I had received from the previous year’s classes. We were delighted by their interest as we navigated through a foreboding overview of wrongful convictions.

Doing a similar presentation on my own this year, I hoped to again achieve the same level of interest. I arrived equipped with a new PowerPoint program I put together that provided an informative pictorial presentation for them.

BlaineHS-2

Johnny and me last year discussing the Wisconsin Monfils case 

Prior to visiting these classes, I asked Mr. Pettis to give the students an assignment; to read the entire second chapter in my book, Reclaiming Lives. The chapter titled Tragedy in Titletown is one of the longest, filling sixteen pages. It’s a detailed summation of events leading up to the 1992 death of mill worker Tom Monfils in a Green Bay paper mill and the convictions of six innocent men two and a half years later. Having the students read this chapter allows me to focus on other important aspects such as some of the leading causes of wrongful convictions, i.e., perjury or false accusations, false confessions, false or misleading forensic evidence, and government misconduct. I then indicate how some of them affected the outcome in the Monfils case and disclose the new evidence that has since come to light.

It’s a lot of information to take in so at about the halfway point of the presentation, we take a short breather and have some fun. This is also when we get to the last of the main leading causes of wrongful convictions; mistaken identification. I test the student’s ability to accurately identify the true perpetrator in the example below and then I watch their reactions as I disclose the alarming answer. This is my absolute favorite part of the presentation because what is revealed blows their minds, which is not an easy thing to do when dealing with students! And I know that if they remember nothing else, they will certainly remember this exercise.

The police sketch in the center represents the actual image that was televised across the country in 1995. One of the photos on either side of the sketch is the correct match. The point of this exercise is that out of the current 350+ DNA exonerations, misidentification of a suspect through the use of a composite sketch is incorrect 27% of the time, according to the Nat. Registry of Exonerations. However, the results from this one reveal a much higher fallibility rate.*

                                                                                         Police Sketch 

As is typical in all past sessions, the time flew by with the students posing carefully thought-out questions during the forty-five-minute presentation. It was and always is refreshing to also hear correct answers to many of mine.

In the time remaining before the bell rang these students asked about likely motives of the authorities to convict the wrong person, compensation for exonerees, and if people’s rights are reinstated when exonerated. One thoughtful student wondered how they (as students) can be helpful in spreading the word about wrongful convictions. Another asked if I’d pose for a photo. I appreciated their positive feedback about the chapter with some of them mentioning how much they enjoyed it and how well they thought it was written.

I recently sat in my dining room with reporter, Eric Hagen, who wrote an article about my efforts for the Blaine edition of my local Life circular. I expressed the need to educate students on this topic and to prepare them before they find themselves in a vulnerable situation. I explained to him that my outline also includes a discussion about the Miranda Warning because of the importance of students being proactive and knowing their rights as citizens, should they be targeted by law enforcement.

Brendan-dassey

Brendan Dassey from the docuseries Making A Murderer

Stat for juveniles

An alarming statistic from the Innocence Project states that “65% of the juveniles exonerated through DNA evidence falsely confessed to crimes they didn’t commit.” Circumstances such as Brendan Dassey’s also suggest an increased risk of youth being wrongfully convicted because of a low IQ or being unaware that they should not talk to the police without an adult (attorney or parent) present. Research also yields that an overwhelming number of young people between the ages of eighteen to twenty-three are targeted for crimes.

Innocent people fear if they lawyer up they will appear guilty. In fact, innocent people are better served with having a lawyer present than a guilty person because for them, there’s much more at stake. And because innocent people also feel they have nothing to hide and want to be helpful by cooperating, they become more vulnerable to trickery when accusations are aimed at them. They don’t understand that law enforcement can and will lie or become narrowly focused on them despite reasonable doubt. They don’t realize until it’s too late that an interview can quickly become overly aggressive in order to speed up an investigation or force a confession. In all fairness, with officers under extreme pressure to close a case, investigations are done quickly. Mistakes get made. Rush to judgement occurs. Lives are destroyed and then seep into non-existence. Respect from those around them turns to loathing. The innocent are shunned…silenced…hidden away. And hope for many bright futures fades.

Which is why educating our youth becomes urgent…because they are our future.

To learn more about the psychology behind why people confess to crimes they did not commit, check out this YouTube Trailer of the The Confession Tapes. (A Netflix Documentary).

*Answer to exercise:

The correct answer is the photo on the right. This is Timothy McVeigh; U.S. Army soldier, American terrorist, and the Oklahoma City Bomber. He detonated a truck bomb in front of the Alfred P. Murrah federal building in 1995 killing 168 people and wounding over 600. He was executed in 2001 for this crime.

The photo on the left is my son, Jared Manninen. He was also in the military at the time of the bombing but was stationed in CA. At least half and in some instances, approximately two thirds of students and others not familiar with this case, make the wrong choice by picking his photo with complete certainty!

Could my son have been the victim of a wrongful conviction had the circumstances been different? I shudder at the thought…