Eye witness identification – Wrongful Conviction of Steven Avery based on Eyewitness Testimony
Story: Wrongful Conviction of Steven Avery based on Eyewitness Testimony Some of you may have heard of Steven Avery, as his criminal cases were highlighted in the ten-part Netflix series, Making a Murderer (2015). First, here is some background on Avery, and the story of one of his cases will follow. Steven Avery was born in Manitowoc County, Wisconsin, and lived there his entire life. Steven had a few relatively minor run-ins with the law and even served a little time in jail in his late teens and early 20s, although he never committed any violent offenses during his early years. Steven appeared to be settling down; he got married and had several children by 1985. However, Steven’s life would dramatically change in the summer of 1985. On a warm July day in 1985, Penny Beernsten, also from Manitowoc County, was with her husband and daughter at Lake Michigan having a picnic. Penny decided to take a jog along the beach. As she was jogging, she reached a part of the beach where it seemed no one was around, and then she came across a male who was dressed in black pants and long sleeves. Penny recalled thinking to herself that it was odd that the man was dressed like this on such a warm day. As Penny passed by him, he stated, “Nice day for a jog.” On her way back, she saw the same man, and he was now directly in her path. Penny attempted to go around him, but he suddenly attacked her. He pulled her behind the sand dunes and brutally raped and beat her. Penny was and left for dead, but fortunately, she was found by some people passing by and received medical attention. Penny sustained severe injuries to her face and eyes, and her ability to see was significantly diminished in the weeks after the attack. Penny was also suffering from severe psychological trauma. The law enforcement officers who responded and investigated the crime suspected that Steven Avery was involved and placed him in a line-up. Penny picked Steven Avery out of the line-up. Penny later recalled being very emotional at the time and wanted to be able to identify her attacker. Although several people placed Avery many miles away at the time of the attack, and even in the company of other people, the prosecution was able to successfully convict Steven solely based on Penny Beernsten’s eyewitness testimony. Steven Avery served nearly 20 years in prison before being released when the case was reopened, at which time DNA from the scene was linked to Gregory Allen. Unfortunately, Gregory Allen committed several other sexually violent crimes after raping and beating Penny Beernsten. Part I – Reflection (1-2 pages) Imagine that you are Penny Beernsten. What factors (physical and psychological) might have influenced the incorrect identification of Steven Avery? Imagine that you are a juror in the case involving Steven Avery and Penny Beernsten. What are some reasons why you would be likely to believe Penny Beernsten (even though it was the only evidence in the case)? Imagine that you are Steven Avery. How would you feel after serving nearly 20 years for crimes you did not commit? Who else was impacted by this wrongful conviction? Part II – Application (2 pages) What are some reasons why people are inaccurate eyewitnesses? What are some investigative steps that law enforcement can take to minimize false identifications?