[W]itnesses described the attacker as a light-to-medium-skinned black man in his 20s with some facial hair. ... The pictures — still on file at Hampton Circuit Court — included two dark-skinned black males, two men with medium-to-dark complexions and two light-skinned black males.
The Hampton police violated their own policy:
"In conducting photo lineups, the photos must depict persons displaying similar physical characteristics as the suspect," according to the Hampton Police Division's policy in place in 1997 and now. That way, the theory goes, an innocent person won't be picked out simply because he's the only one who halfway resembles the true criminal.
The detective responsible for the error said he couldn't find better pictures so he used what he had. Close enough for government work, as the saying goes.
Two witnesses who didn't see the array disagreed whether Wiggins committed the crime. One thought he was the guy, "while the other said that he wasn't and that Wiggins' 'features are way off.'"
Powerful testimony leads to convictions, even when the testimony is suspect. Wiggins was convicted and sentenced to prison for 16 years. His case is in the news today because the conviction (one would hope) is likely to be reopened.
Hampton Commonwealth's Attorney Linda D. Curtis recently learned — in reviewing the case before meeting with the Daily Press — that a prosecutor failed to tell Wiggins' defense attorney the sole fingerprint found on the car didn't match either Wiggins or the victim.
Remember the detective who assembled the faulty photo array? He testified at trial
that "no usable fingerprints were found on (the victim's) car." The prosecutor, James E. Schliessmann, didn't correct him.
Perhaps by "usable" he meant "prints we could use to convict the guy we arrested."
Wiggins' case is another illustration of the perils of eyewitness identification.
Of 200 people whose convictions have been overturned on DNA evidence since 1989, the group says, 75 percent were based in part on bad eyewitness testimony. In September, another Hampton man — Teddy Thompson — was released after six years when the victim said he misidentified him.
More on the problem of eyewitness identification here and here, although the Innocence Cases archive is replete with stories of mistaken convictions caused by bad witness ID's.