19-02-2025
Indiana has a chance to prevent wrongful convictions
For 25 years, Leon Benson remained locked up in an Indiana state prison — including 11 in solitary confinement — for a murder he didn't commit while his young children grew up without a father and the real killer remained at large.
Half his life was stolen largely because of a case of mistaken identity in the 1998 execution-style shooting of a 25-year-old white man in Indianapolis. Benson, who is Black, did not meet the vague description of a dark-skinned, clean-shaven man provided by a white woman after witnessing the slaying from 150 feet away in the dark.
Despite his light skin and facial hair, Benson was later erroneously identified by the woman as the shooter in a police lineup — which could have been prevented if the proper eyewitness identification procedures had been in place.
As the director of the Notre Dame Exoneration Justice Clinic, I've represented clients like Benson, who had their liberty stolen from them due to a wrongful conviction. Mistaken eyewitness identifications have been a contributing factor in approximately 3,600 (or 70%) wrongful convictions in the U.S. overturned by post-conviction DNA evidence.
When we look more granularly in Indiana, more than a third of wrongful convictions – 36% – involved a mistaken eyewitness identification. So far, this equates to innocent Hoosiers, including Benson, losing a combined 245 years of freedom for crimes they did not commit.
As EJC director and throughout my career as a federal and state prosecutor, I've seen firsthand how erroneous identifications occur. Eyewitnesses sometimes see things incorrectly in suboptimal circumstances or have lapses in memory. Unscientific police procedures can also play a role, improperly pressuring or influencing witnesses into identifying a suspect in a police lineup or photo spread, or inadvertently implying through comments or body language about someone's guilt.
Indiana lawmakers can pass legislation that improves eyewitness identification procedures, joining 30 other jurisdictions nationwide that have put into place guardrails to protect the innocent and ensure that the actual perpetrator is held accountable.
Senators Liz Brown, R-Fort Wayne, and Sue Glick, R-LaGrange, have authored legislation establishing standard procedures for conducting police lineups and photo spreads. These procedures, which are corroborated by over 30 years of peer-reviewed research and recognized by groups like the International Association of Chiefs of Police, the Commission on Accreditation for Law Enforcement Agencies, the National Academy of Sciences, and the U.S. Department of Justice, include:
Double-blind administration of a lineup where neither the witness nor the person administering the lineup, usually a law enforcement officer, knows the identity of the suspect, effectively preventing any unintentional cues or biases from influencing the witness's identification decision.
Witness instructions that include telling the witness the perpetrator may not be present in the lineup, that they are not required to identify a suspect and the investigation will continue with or without an identification.
Proper fillers, meaning non-suspect photos and lineup participants are selected based on their resemblance to the description of the suspect provided by the witness. The suspect should not noticeably stand out from among others in the lineup.
Witness confidence statements should be made immediately following the lineup that articulates the witness' level of confidence in the identification.
These are not only good practices; they are necessary and easy-to-implement procedures that will go a long way toward protecting innocent people and minimizing wrongful convictions.
Had these procedures been in place, there's little doubt that Benson would not have been deprived of decades of his freedom. His conviction primarily relied on erroneous eyewitness identification that violated the Core Four principles. Thankfully, Benson was exonerated in 2023 after the Marion County Conviction Integrity Unit reviewed his case and discovered not only evidence of his innocence, but also the identity of the real perpetrator.
Now, Indiana must do the right thing so no other Hoosier will ever lose a day of their freedom due to mistaken identity. Wouldn't it be better if we could prevent wrongful convictions such as these from happening in the first place rather than robbing anyone of precious time?
Jimmy Gurulé is the Director of the Exoneration Justice Clinic and Professor of Law at Notre Dame. A career prosecutor, he also previously served as under secretary for enforcement in the U.S. Treasury Department during the George W. Bush administration.
This article originally appeared on Indianapolis Star: Leon Benson's wrongful conviction should not be repeated | Opinion
