Annual Mike Belote Capital Center Lecture “Picking Cotton”

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On December 10, 2014, Jennifer Thompson and Ronald Cotton presented their powerful story about how misidentification of suspects by eyewitnesses deprives innocent suspects and victims justice.

Jennifer Thompson, speaking to an audience of law students, professors, local attorneys, and members of the capitol community, told her story of being raped as a young college student and the journey through the criminal justice system that followed. Following the incident, she worked with police to develop a detailed description of her attacker. When police presented her with a photo lineup, she identified Ronald Cotton as her attacker, which she later confirmed in a live lineup. A jury found Ronald Cotton guilty of the rape, relying heavily on her testimony.

Throughout the process, Ronald Cotton maintained his innocence. Years after his trial, watching the O.J. Simpson trial from prison he learned about the importance of DNA evidence and wrote his appeals board seeking to have DNA tests conducted, which he maintained would clear his name. After spending eleven years in prison, Ronald Cotton was exonerated when DNA evidence identified Booby Poole as Jennifer Thompson’s actual assailant.

Jennifer Thompson and Ronald Cotton now travel throughout the country telling their stories and advocating for eyewitness testimony reform. They explain that the issue is particularly challenging as it compounds the victim’s pain resulting from the crime with the pain caused by learning that they had misidentified an innocent suspect. Misidentification not only leads to the imprisonment of innocent individuals, but also deprives victims of justice and allows criminals to remain free.

Although eyewitness testimony can be unreliable, juries usually find it very persuasive. Of all the convictions overturned by DNA testing, 72% of those convictions relied on faulty eyewitness testimony. The speakers urged the audience to consider eyewitness reform, including the adoption of “best practices,” which include the administration and recording of double blind lineups and sequential photo lineups. Most recently, the California Legislature considered eyewitness reform with AB 308 during the 2011–2012 legislative session. Although the Assembly passed AB 308, it never reached the Senate floor for a vote.

View the Picking Cotton website.

Watch Picking Cotton as featured on 60 Minutes:

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About Author

Robert Binning

Robert is the Chief Legislation Editor for the McGeorge Law Review.

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