Tag Archives: eyewitness misidentification

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!

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…

Wait a Cotton Pickin’ Minute…Pt 2

At this Gala, she expressed her determination to make sure a guilty criminal was securely behind bars. On that terrible night in July of 1984 when an assailant broke into her apartment and raped her, she vowed to do two things; survive this attack, and study his face so closely that there would be no mistaking who he was when it came time to identify him. Having accomplished these tasks, she was assured by the authorities that the man she singled out in a physical lineup was the same man she had also chosen in an earlier photo lineup. She felt proud that she “did it right” and for being proactive about her safety, as well as for other potential victims.

Jennifer Thompson tried to move on. She got married, had children, and tried as best she could to focus on her new life despite persistent recurring nightmares about the attack. It was always Ronald Cotton’s face; the man she had singled out as her assailant who was depicted in these horrible nightmares. Then one day, she received a phone call from the detective who had worked on the case. He told her that there was going to be a new evidentiary hearing for Cotton. Rumor had it that another man Cotton had actually met in the same prison had confessed to committing the crime against her. His name was Bobby Poole. Jennifer was to attend this hearing. She became extremely angered at the nerve of the authorities to question her judgment. “How dare they?” was her response. In tow with how she felt about Cotton and despite the new evidence presented in court, Jennifer was still convinced that is was Cotton who had assaulted her. As a result, he was given an even longer sentence the second time around and was sent back to prison. Jennifer’s unrelenting hate for this man triggered incessant thoughts that he himself be raped and then killed. And the nightmares continued…

Time was not a friend to Jennifer in distancing herself from this terrible event. Emotional healing evaded her. Instead, before things would get better, they would get much worse. Seven years after the hearing, a big news story surfaced as the trial of OJ Simpson was going on. Talk of a new technology called DNA was making news. Ronald Cotton heard about it and contacted the authorities to have his own DNA tested. Bingo! This DNA test ruled him out and pointed the finger at the very man who had earlier confessed; Bobby Poole! Ronald Cotton was exonerated and released. And when Jennifer found out he was being released, she was shocked and overwhelmed with “suffocating and debilitating shame” at the thought of her mistake. She had sent an innocent man to prison…for eleven years!

A new fear engulfed her. Cotton would harbor anger towards her for taking away his freedom for so many years. Jennifer eventually summoned the nerve to ask if Ronald would meet with her at a nearby church. He agreed. And she was able to express her sorrow for what she had put him through. She begged for forgiveness. Ronald told her that he had forgiven her many years ago. They became good friends.

Together, Jennifer and Ronald wrote a book about their experience called, Picking Cotton. They now travel around the country and share their story, capitalizing on the flaws of witness identification. They are involved in the legal reform of police procedures regarding how victims ID an assailant to ensure that these mistakes do not happen in the future.

In her speech, Jennifer stated the healing process began only after Ronald had expressed his forgiveness of her. She still has recurring nightmares but the assailant is now faceless. Her newfound friendship with Ronald and her ability to use this experience as a teaching tool has turned her life around in a positive way. Way to go Jennifer and Ronald! And thank you for your remarkable and courageous inspiration!