Erroneous Recognition, Flyfishing and the Honest “Liar”

img_1331An  “disinterested” adverse eyewitness has just testified and has devastated your case.  You know they are wrong, but they were so convincing.  They seemed so sincere.  What if the jury believes the witness is sincere?  If they think the witness is not lying, is all lost?  Eyewitness testimony is inherently dangerous.  In fact, “erroneous recognition” is the primary cause of wrongful criminal convictions.

Erroneous Recognition is described as a phenomenon where a person mistakes one situation or event for another. Th error is the result of a misapprehension of the reality of time. Deja Vu is an example of this. There the viewer realizes the implausibility of the recognition of an event as having happened before and knows that it did not and could not have occurred before. Erroneous recognition happens when the mind is unable to perceive this error.

Man is not alone. Animals make this mistake too. One of my favorite authors, John Gierach, who writes about fly-fishing notes in his book Trout Bum that this is what happens every time a trout strikes an Adams dry fly made from thread and feathers tied to a metal hook. The trout honestly mistakes the fly for a real live insect. The trout is sincerely wrong. In fact, it is dead wrong… And so is the eyewitness in this case, they are sincerely, but most certainly dead wrong.

About Richard A. Cook

Richard Cook graduated from Purdue University in the Economics Honor Program in 1979 and obtained his Juris Doctor degree from Valparaiso University School of Law in 1982. Following law school, Richard served as a federal law clerk in the U.S. District Court for the Northern District of Indiana, Hammond Division. In 1984, Richard began working as Deputy Prosecutor for the Lake County Prosecutor's Office and from there, served as Assistant U. S. Attorney for the Northern District of Indiana, South Bend Division. There he handled a number of complex criminal matters and jury trials. While there, Richard received the Chief Postal Inspector's Special Award and a letter of commendation from the U.S. Attorney General for his work prosecuting a major money order fraud scheme being perpetrated out of the Indiana State Prison system. Since leaving the U.S. Attorney's office in 1989, Richard has focused primarily on civil work and is currently a member of the firm Yosha Cook & Tisch in Indianapolis. Richard is also a member of the ITLA, IBA and the ABA, as well as, a fellow for the American College of Trial Lawyers. He is AV rated by Martindale-Hubbell.

Posted on March 27, 2016, in Uncategorized and tagged , , , , , , . Bookmark the permalink. Leave a comment.

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