Tuesday, November 9, 2021

Kevin Strickland: Missouri: Epic Legal Battle; On-going Innocence Hearing; Day Two: An expert testified Tuesday that ''eyewitness' identification of Kevin Strickland was 'extremely unreliable,' The Kansas City Star (Reporter Luke Nozicka) reports..."Nancy Franklin, an emeritus professor in psychology at Stony Brook University said Douglas became convinced Strickland was one of the shooters because of the input by a third party who was not even at the house. Because Douglas knew Strickland for at least two years before the killings, she should have been able to identify him, even if she only saw him briefly, Franklin said. Identifying strangers is fraught with problems, she said, but familiar faces are “quite good” for identifications. In a majority of wrongful convictions stemming from false identifications, the witness was initially unsure about their identification but testified at trial that they were certain, Franklin said, citing a study."


BACKGROUND FROM KANSAS CITY STAR ON THE PAPERS IMPACTFUL REPORTING ON KEVIN STRICKLAND'S STORY:  "The Kansas City Star has been covering Kevin Strickland and his innocence claim since September 2020, when we published a deeply reported story from Luke Nozicka that explored the details surrounding the 1978 triple murder Strickland is accused of helping to carry out, as well as the men who have admitted guilt, and the the only witness to the murders saying Strickland is innocent. That report from The Star served in part as the basis for local prosecutors’ review of Strickland’s case in November 2020. Now, Jackson County prosecutors, Kansas City’s mayor and others agreed he deserved to be exonerated, but the state, and specifically the Attorney General’s Office maintains he’s guilty."

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PASSAGE OF THE DAY: "Earlier in the day, Judge James Welsh heard testimony from Eric Wesson, publisher and managing editor of The Call, Kansas City’s Black newspaper. He grew up with Douglas and knew her well.  Years later, between 2004 and 2009, he believed, she told him she wrongly identified Strickland in the shooting.  He said Douglas was “adamant” about it, and he believed her.  Eric Wesson testifies Tuesday during the evidentiary hearing regarding the innocence of Kevin Strickland, who has been incarcerated for the past 43 years." Strickland has denied any involvement in the 1978 triple murder in Kansas City for which he remains imprisoned.  Wesson said he thought Douglas reached out to six or seven people about trying to correct her identification."

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STORY: 'Eyewitness'  identification of Kevin Strickland was 'extremely unreliable' expert says," by Reporter Luke Nozicka, published by The Kansas City News, on November 9, 2021.

PHOTO CAPTION: "In testimony on Tuesday, Cecile Simmons said her sister had nightmares and was sickened by what she believed was her wrongful identification that sent Kevin Strickland to prison for most of his life."


GIST: "A memory expert testified Tuesday that the lone eyewitness’ identification of Kevin Strickland in his decades-old murder trial was “extremely unreliable.” 


"Nancy Franklin, an emeritus professor in psychology at Stony Brook University, said Cynthia Douglas told officers on the night of the triple murder that she could identify two suspects, but that she did not know the other two.


 If Strickland had been one of them, Franklin said, the “glance” she got of the gunman should have been enough to identify him, considering she knew him.


 Franklin’s testimony came on the second day of Strickland’s evidentiary hearing, during which Jackson County prosecutors are trying to prove he is innocent in the April 25, 1978, killings and has wrongly spent more than 40 years in prison.


 Prosecutors rested their case Tuesday after calling about a dozen witnesses to the stand, including the mother, sister and daughter of the eyewitness who said she recanted her testimony. 


Franklin was the first witness called by Strickland’s attorneys. Strickland has denied any involvement in the 1978 triple murder in Kansas City for which he remains imprisoned. 


 On that fateful night in 1978, Douglas, 20, was watching TV, smoking weed and drinking cognac with her boyfriend John Walker, 20, her best friend Sherri Black, 22, and Larry Ingram, 21, at a bungalow in south Kansas City. 


They heard a knock on the door, and Ingram went to answer it with a gun in his hand. When Ingram came back to the bedroom where they were all watching TV, Douglas would tell detectives, he was followed by Vincent Bell, 21, and Kilm Adkins, 19. Ingram placed his gun on the television set and sat on the bed.


 But within minutes, Adkins grabbed Ingram’s gun and pulled out another, according to police reports. Ingram asked him what he wanted. “You know what I want, man,” Adkins commanded, according to court testimony. “Let’s have it.”


 Adkins remained in the bedroom as Bell walked to the door and let in the other suspects, Douglas later told police. 


The men tied up the victims, with Douglas’ hands bound to Black’s. They were told to keep their heads down.  Then each victim was shot. Douglas, who was covered in Black’s blood, was the lone survivor. With shotgun pellets lodged in her thigh, she slumped over with Black, pretending she was also dead. She waited for the killers to leave before freeing herself. 


When Douglas was interviewed by detectives, she identified Bell and Adkins, but said she did not know the other two. One had a brown paper sack over his head, she said. The other carried a shotgun and repeatedly told her, “Don’t look at me.”


 Douglas was recovering in a wheelchair when she was taken to the Kansas City Police Department about six hours later, at 3:20 a.m. 


In the presence of detectives and an assistant county prosecutor, she was asked if she knew the man who fired the shotgun. “No,” she replied.


 But the next day, Douglas described the shotgun-wielding suspect to her sister’s boyfriend, Randy Harris, who suggested the gunman might be Strickland, considering he knew Bell and Adkins.


 She called police and later identified Strickland in a lineup.


 Franklin, the eyewitness expert who reviewed the case pro bono, testified there were factors that showed Douglas’ identification was highly unreliable: the stress she was under, the presence of multiple weapons and perpetrators, the fact she was smoking marijuana. She noted that Douglas’ description of the gunman was “sparse” — even an officer called it “sketchy” — and that Douglas initially “rejected” the idea that Strickland was the suspect when Harris made the suggestion. 


Franklin said Douglas became convinced Strickland was one of the shooters because of the input by a third party who was not even at the house.


 Because Douglas knew Strickland for at least two years before the killings, she should have been able to identify him, even if she only saw him briefly, Franklin said.


 Identifying strangers is fraught with problems, she said, but familiar faces are “quite good” for identifications.


 In a majority of wrongful convictions stemming from false identifications, the witness was initially unsure about their identification but testified at trial that they were certain, Franklin said, citing a study. 


Earlier in the day, Judge James Welsh heard testimony from Eric Wesson, publisher and managing editor of The Call, Kansas City’s Black newspaper. He grew up with Douglas and knew her well. 


Years later, between 2004 and 2009, he believed, she told him she wrongly identified Strickland in the shooting. 


He said Douglas was “adamant” about it, and he believed her. 


Eric Wesson testifies Tuesday during the evidentiary hearing regarding the innocence of Kevin Strickland, who has been incarcerated for the past 43 years. 


Strickland has denied any involvement in the 1978 triple murder in Kansas City for which he remains imprisoned. 


Wesson said he thought Douglas reached out to six or seven people about trying to correct her identification.


 Douglas, who worked for Jackson County family courts, joked that she might get fired over sending one such email from her work account, he said. 


Asked by Jackson County Prosecutor Jean Peters Baker why he was testifying, Wesson said he wanted to be a “voice” for Douglas, who died in 2015. 


Douglas’ sister said something similar when she took the stand.


 Baker’s team has been facing off in court with the Missouri Attorney General’s Office, which contends Strickland is guilty.


 Assistant Attorney General Christine Krug repeatedly asked Wesson if The Call wrote about Douglas’ alleged statements, to which he said it did not.


 Wesson said the weekly newspaper had a limited staff and that the publisher at the time called the shots. 


But Wesson said he suggested officials who Douglas could reach out to, including an appeals court judge.


 “She wanted to right or correct that wrong,” Wesson previously told The Star in a September interview.


Though Douglas’ relatives testified that she told them she picked “the wrong guy,” the attorney general’s office has argued that Douglas did not want to bring Strickland’s case back to court.


 In questioning Douglas’ ex-husband, Ronald Richardson, the AG’s office played recorded prison phone calls between him and Douglas.


 In one, Richardson — who is incarcerated at the same prison as Strickland — asked Douglas if she wanted to talk to Strickland.


 “No, I don’t,” she replied, adding that she was “not trying” to pursue it.


 Ronald Richardson, left, the former husband of the late Cynthia Douglas, testifies Tuesday during the evidentiary hearing regarding the innocence of Kevin Strickland, who has been incarcerated for the past 43 years. 


Strickland has denied any involvement in the 1978 triple murder in Kansas City for which he remains imprisoned. Douglas was the only eyewitness of the murders.


 Richardson testified that Douglas was hesitant to bring Strickand’s case back to court because there were other families involved in the tragic killings. 


She appeared to say in one of the recordings that it would not be “fair to them” to bring it up again.


In testimony, though, those who knew Douglas best said they wanted to finish what Douglas started. In 2009, the Midwest Innocence Project received an email from Douglas’ work account that Baker’s office has described as a recantation.


 “Today I’m here for my wife,” Richardson said. Testimony is expected to continue Wednesday morning.""


The entire story can be read at:


PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;

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FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice. 
Jennifer Givens: DirectorL UVA Innocence Project.