Oh for crying out loud. What now?
When a defense attorney shouts “hold it!” I cannot help but think of Phoenix Wright.
This is actually quite simple. The witness looks for a sign of confirmation from the police officer that he’s making the “right” choice (i.e. fingering the guy the police think is the perp). The attorney cannot allow this to stand uncontested. Plus, he’s seeing all photos of the array at the same time, instead of one after the other, which would be better.
See, I paid attention.
AND the photo lineup was chosen based on the guy they picked up, not the witness’ description.
Well, the eyewitness had already identified the guy they caught as “the one who did it”, so it was the witness’s description they based the lineup on.
The guy identified the guy they caught before they even put him in a photo array. I’d call his eyewitness into question right there.
Not quite. The above comic says, “I used our lineup software to select five filler photos that [B][I]looked like the suspect[/I][/B].” Not the original description. This is one of the problems with lineups discussed earlier.
I think the real issue we need to acknowledge here is that the defence interrupted the flashback so loudly he knocked over the witness’s tray and spilled the food all over. If that’s not tampering with the evidence, I don’t know what is.