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Face tattoos unfairly identified suspect, so court overturns his conviction
NJ.com Advanced Media ^ | August 15, 2018

Posted on 08/15/2018 5:23:37 PM PDT by SMGFan

While investigating the 2015 robbery of a grocery store in Trenton, a police detective showed a witness a group of photos that included one of suspect Donnell Perry. The witness did not pick Perry out of the grouping, known as a photo array, and which usually include similar-looking mugshots . But in a second photo array, the witness identified Perry because of the tattoos on his face.

It was the only photo in that array of a person with tattoos on his face.

And the witness testified at a later hearing, which would determine if the identification could be used at trial, that he didn't pick Perry in the first array because that picture showed Perry without tattoos.

(Excerpt) Read more at nj.com ...


TOPICS: Crime/Corruption; US: New Jersey
KEYWORDS: localnews; starchamber
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Police just doing their job.
1 posted on 08/15/2018 5:23:37 PM PDT by SMGFan
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To: SMGFan

They didn’t have a picture of Mike Tyson available?


2 posted on 08/15/2018 5:26:56 PM PDT by Michael.SF. (California: knowingly give someone aids: misdemeanor. Give them a straw, go to jail.)
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To: SMGFan

I’d say ‘unf’nbelievable’, but these days, tragically, it’s not.


3 posted on 08/15/2018 5:27:28 PM PDT by tomkat
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To: SMGFan

So the witness couldn’t identify the alleged perp the first time because the facial tattoos were digitally removed from the lineup photo?

What if they digitally erased facial hair of a suspect, and the witness couldn’t identify the person?

If during a traumatic experience you witness someone with a unique tattoo on their face, and that’s all you remember, what are the odds of two people having the same facial tattoo?


4 posted on 08/15/2018 5:28:34 PM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: SMGFan

So if he is identified 100%, that is unfair?


5 posted on 08/15/2018 5:28:42 PM PDT by Scrambler Bob (You know that I am full of /S)
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To: SMGFan

The over-ruling so-called “judge” is a DROOLING LUNATIC!


6 posted on 08/15/2018 5:29:39 PM PDT by 2harddrive (Go to www.CodeIsFreeSpeech.com for 10 FREE 3D-printer gun blueprints!)
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To: SMGFan

The over-ruling so-called “judge” is a DROOLING LUNATIC!


7 posted on 08/15/2018 5:29:39 PM PDT by 2harddrive (Go to www.CodeIsFreeSpeech.com for 10 FREE 3D-printer gun blueprints!)
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To: SMGFan
Sounds like a reasonable ruling to me.

Similar to this:

The witness says the perp was was a white guy.

The police produce a lineup of 4 black guys and a white guy.

Would that be fair for the white guy?

8 posted on 08/15/2018 5:33:06 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

I seem to remember a skit from a TV comedy show along those lines. It sounds like something Dave Chappelle would do ... with one black guy and four white guys in the lineup. LOL.


9 posted on 08/15/2018 5:37:31 PM PDT by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: Yo-Yo

WARNING TO CRIMINALS: Don’t get face tattoos.


10 posted on 08/15/2018 5:40:55 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: SMGFan
i notice they refused to name the floppy prolapsed rectum in the black robe that overturned it though
11 posted on 08/15/2018 5:42:28 PM PDT by Chode ( WeÂ’re America, Bitch!)
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To: marktwain

I agree. When doing a lineup as such police should try and make each subject reasonably match the witnesses description. And I know it can’t be that hard in today’s society to find 5 subjects with facial tattoos.


12 posted on 08/15/2018 5:51:39 PM PDT by LeoTDB69
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To: SMGFan

13 posted on 08/15/2018 5:59:40 PM PDT by heterosupremacist (Resistance to tyrants is obedience to God.)
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To: Chode

WOW. lol


14 posted on 08/15/2018 6:03:49 PM PDT by TheZMan (I am a secessionist.)
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To: marktwain

If I understand correctly, the first photo montage included him without tattoos. The second included his facial tattoo. The first was overly fair.

Not the same as your scenario.


15 posted on 08/15/2018 6:08:39 PM PDT by MortMan (The white board is a remarkable invention.)
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To: MortMan

It is not quite the same. Tattoos are not as common as white people or black people.

A tattoo can be a pretty good way of identifying someone.

I can see that it could go either way.

Another problem with the two setups is that one guy was in both.


16 posted on 08/15/2018 6:21:17 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: TheZMan

i hate these RATS... nobody made the POS get the tat so tough sh1t if it RATS it out!


17 posted on 08/15/2018 6:28:42 PM PDT by Chode ( WeÂ’re America, Bitch!)
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To: LeoTDB69; marktwain
When doing a lineup as such police should try and make each subject reasonably match the witnesses description. And I know it can’t be that hard in today’s society to find 5 subjects with facial tattoos.

Yes, there should be an entire category of face-tattoo mugshots available. I've noticed a lot of jurisdictions covering subjects' necks and shoulders with a towel in mugshots recently - apparently to keep shoulder, upper chest and neck tattoos from becoming a problem in this exact way.

18 posted on 08/15/2018 7:12:46 PM PDT by Charles Martel (Progressives are the crab grass in the lawn of life.)
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To: SMGFan

Darth Maul has a sad.


19 posted on 08/15/2018 7:35:46 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: marktwain
"pretty good way of identifying..."

That is why during booking for lock-up, they note identifying marks. Tattoos and scars.

20 posted on 08/15/2018 7:37:51 PM PDT by Deaf Smith (When a Texan takes his chances, chances will be taken that's fore sure)
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