-Caveat Lector-

We may all *look* alike to Reptiloids...but do we all *taste* the same?
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Court: Witnesses Have Troubles Identifying Members of Other Races


AP
15-APR-99


TRENTON, N.J. (AP) -- The New Jersey Supreme Court has ruled that juries in
some mixed-race criminal cases should be told that witnesses have a tougher
time identifying defendants of another race.


Prosecutors had argued there isn't enough scientific evidence to prove
witnesses have more difficulty identifying members of another race.


But the court rejected the argument Wednesday, saying there have been ample
studies and that most jurisdictions accept the concept.


"Indeed some courtroom observers have commented that the ordinary person's
difficulty of 'cross-racial recognition' is so commonplace as to be the
subject of both cliche and joke: 'they all look alike,"' the court wrote.


The court ordered a new trial in the rape case of a white Rutgers University
student who identified a black man, McKinley Cromedy, as her attacker. The
court said the jury should have been given a "cross racial instruction"
alerting jurors to pay close attention to the possible influence of race in
identifying defendants.


The woman had not recognized a photograph of Cromedy that she was shown a few
days after the rape. However, she alerted police eight months later when she
spotted Cromedy on a street corner. She identified him as the rapist after he
had been taken into custody.


No forensic evidence was admitted during the trial. Court documents said it
was not possible to link Cromedy to the rape through blood and sperm samples,
and no fingerprints were taken by police at the scene.


The trial court did not allow the jury to be advised that "cross racial
identification" could affect the victim's ability to identify her assailant, a
decision upheld by an appeals court and overturned this week.


"It's an important decision," said Sylvia Orenstein, who argued the case on
behalf of Cromedy. "Science has shown, unfortunately, that most people tend to
better recognize people of their own race. This is another factor a jury
should be alerted to consider."


The court said a cross-racial instruction to juries should only be given when
identification is critical to the case, and there are no other eyewitnesses to
back up the victim's charges.


Copyright 1999& The Associated Press. All rights reserved. This material may
not be published, broadcast, rewritten, or redistributed.

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