Few follow state law on suspect lineups
Many law-enforcement agencies in Ohio do not follow a state law designed to prevent innocent people from being imprisoned, according to a study by the Ohio Innocence Project.
The law, passed in 2010, requires law-enforcement agencies to use “blind” suspect lineups in which the investigator or officer administering the lineup either isn’t involved in the case or doesn’t know the
identity of the suspect. Law enforcement also can use a photo-lineup technique in which only the witness can see the pictures, to ensure there is no bias.
The law also recommends, but doesn’t require, recording interrogations.
About two-thirds of the 156 law-enforcement agencies responding to a survey by the Innocence Project, based at the University of Cincinnati College of Law and the School of Criminal Justice, said they have a written policy on suspect lineups. Just over half said they have a policy on recording interrogations of suspects.
But fewer than half of responding agencies provided a written policy, and the ones that were provided show that few departments are fully following the law.
“Very few departments are complying with the full letter of the law, and that’s very disappointing,” said Mark Godsey, director of the Ohio Innocence Project. “We need to do better in Ohio.”
Of the 69 departments that submitted a policy, only five said they use a blind administrator for all lineups. About 80 percent said they use the blind administrator except “when it’s not practical.” Just 25 of the departments that provided a written policy require interrogations to be recorded.
The Innocence Project started the study two years ago and sent its survey to 231 lawenforcement agencies across the state. Many of the smaller police agencies didn’t respond.
The study points out that the law-enforcement community agreed that changes to traditional police lineups and interrogations were needed, and they vowed to comply when the law was passed.
Godsey said the study proves that many lawenforcement agencies haven’t kept their word, and he believes that state lawmakers should consider mandating the recording of interrogations and impose more-significant penalties if any department isn’t fully following the law.
The Ohio attorney general’s office also thinks that state lawmakers should take another look at the law.
Dan Tierney, spokesman for Ohio Attorney General Mike DeWine, said the office encourages law enforcement to use best practices, “including the use of lineups and audio recording of witness interviews whenever feasible.”
“It would certainly be appropriate for the General Assembly to review these relevant statutes,” Tierney said in a statement. “Including whether they should become mandatory or remain best practices, as well as any obstacles local agencies would have in implementing them.”
Sgt. Dean Worthington, spokesman for the Columbus Division of Police, said his department implemented the changes that the law requires and recommends shortly after it was passed. He said investigators use blind lineup procedures and record interrogations, especially in all homicide cases.
“We think the practice of using best practices is important to ensure our investigations are objective and thorough so we get the right person,” Worthington said.
The two leading causes of wrongful convictions in the country are faulty eyewitness identification and false confessions typically coerced during interrogations.
Of the 61 wrongful convictions overturned in Ohio since 1989, 25 involved incorrect witness identifications, and two involved false confessions, according to the National Registry of Exonerations.
To curb such mistakes, 19 states have enacted laws to tighten witness identification requirements, and 24 require recording suspect interrogations by law enforcement.
Ohio’s law was passed following a Dispatch investigation that exposed the state’s faulty DNA-testing system. As part of the investigation, five men were declared wrongfully convicted and were freed from prison after collectively serving almost 100 years. Two others were freed but not exonerated.
The first man to be freed in the project was Columbus native Robert McClendon, who had served 18 years for a rape he didn’t commit. After his release in 2008, McClendon spent a lot of time meeting with politicians and lobbyists urging passage of the wrongful-conviction law.
McClendon said that Ohio lawmakers and law enforcement promised him and other wrongfully convicted people that they would do everything to ensure that other innocent people aren’t locked away.
“We worked so hard to pass that law; it’s upsetting and sad that all police agencies aren’t doing it the right way,” said the 60-year-old McClendon.
“My biggest concern is others are going to be wrongfully convicted without really making these changes. And no one should have to go through that. Trust me.”