Innocent Man Can Sue Louisville For Wrongful Conviction
by TChris
The Sixth Circuit has cleared the way for William Gregory to sue Louisville for acts that caused his wrongful conviction. Gregory was imprisoned for eight years before DNA tests demonstrated that he wasn't the man who raped one woman and threatened to rape another. Gregory contends that the police withheld evidence that would have helped him prove his innocence.
A three-judge appeals panel said Gregory presented evidence that the police department encouraged one-on-one "show-ups" -- in which police present one person to a witness and ask if he's the suspect -- knowing they are inherently suggestive, and that it failed to train officers on their duty to disclose evidence suggesting a suspect may be innocent.
"Show-ups" -- presenting the suspect to the victim and asking "is this the guy?" rather than including him in a line-up -- have long been recognized as unduly suggestive, but some police departments continue to use them, creating serious risks of misidentification.