Tại sao nhân chứng hiểu sai – Scott Fraser

Why eyewitnesses get it wrong - Scott Fraser

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[Music] [Music] [Music] [Applause]

the<00:00:17.600> murder<00:00:18.039> happened<00:00:18.359> a<00:00:18.439> little<00:00:18.680> over<00:00:18.960> 21 the murder happened a little over 21 the murder happened a little over 21 years years years ago<00:00:21.920> January<00:00:22.400> the<00:00:22.560> 18th ago January the 18th ago January the 18th 1991<00:00:25.920> in<00:00:26.080> a 1991 in a 1991 in a small<00:00:28.320> bedroom<00:00:28.960> community small bedroom community small bedroom community of<00:00:31.119> Lynwood<00:00:31.679> California<00:00:32.279> just<00:00:32.439> a<00:00:32.559> few<00:00:32.880> miles of Lynwood California just a few miles of Lynwood California just a few miles Southeast<00:00:34.200> of<00:00:34.360> Los Southeast of Los Southeast of Los Angeles<00:00:36.320> father<00:00:36.760> came<00:00:37.000> out<00:00:37.800> was Angeles father came out was Angeles father came out was house<00:00:39.719> to<00:00:39.920> tell<00:00:40.200> his<00:00:40.360> teenage<00:00:40.800> son<00:00:41.039> and<00:00:41.239> his house to tell his teenage son and his house to tell his teenage son and his five<00:00:41.719> friends<00:00:42.440> that<00:00:42.559> it<00:00:42.640> was<00:00:42.840> time<00:00:43.000> for<00:00:43.200> them five friends that it was time for them five friends that it was time for them to<00:00:43.480> stop<00:00:43.760> horsing<00:00:44.280> around<00:00:45.239> on<00:00:45.360> the<00:00:45.480> front<00:00:45.719> lawn to stop horsing around on the front lawn to stop horsing around on the front lawn and<00:00:46.320> on<00:00:46.440> the<00:00:46.960> sidewalk<00:00:47.960> to<00:00:48.160> get<00:00:48.399> home<00:00:49.399> finish and on the sidewalk to get home finish and on the sidewalk to get home finish their<00:00:50.000> schoolwork<00:00:50.879> prepare<00:00:51.399> themselves<00:00:51.719> for their schoolwork prepare themselves for their schoolwork prepare themselves for bed<00:00:53.480> and<00:00:53.680> as<00:00:53.960> the<00:00:54.079> father<00:00:54.480> was<00:00:55.160> administering bed and as the father was administering bed and as the father was administering these<00:00:56.399> instructions<00:00:57.399> a<00:00:57.600> car<00:00:57.920> drove<00:00:58.359> by<00:00:59.239> slowly these instructions a car drove by slowly these instructions a car drove by slowly and<00:01:01.000> just<00:01:01.239> after<00:01:01.480> it<00:01:01.680> passed<00:01:02.120> the<00:01:02.280> father<00:01:02.600> and and just after it passed the father and and just after it passed the father and the<00:01:02.879> teenagers<00:01:03.480> a<00:01:03.719> hand<00:01:04.000> went<00:01:04.519> out<00:01:05.519> from<00:01:05.680> the the teenagers a hand went out from the the teenagers a hand went out from the front<00:01:06.240> passenger<00:01:06.880> window<00:01:07.880> and<00:01:08.280> Bam front passenger window and Bam front passenger window and Bam Bam<00:01:10.640> killing<00:01:10.960> the<00:01:11.560> father<00:01:12.560> and<00:01:12.680> the<00:01:12.799> car<00:01:13.000> sped Bam killing the father and the car sped Bam killing the father and the car sped off<00:01:15.880> the off the off the police<00:01:17.720> investigating<00:01:18.280> officers<00:01:18.600> were police investigating officers were police investigating officers were amazingly amazingly amazingly efficient<00:01:21.479> they<00:01:21.640> considered<00:01:22.079> all<00:01:22.240> the<00:01:22.400> usual efficient they considered all the usual efficient they considered all the usual culprits<00:01:23.960> and<00:01:24.119> in<00:01:24.280> less<00:01:24.479> than<00:01:24.680> 24<00:01:25.200> hours<00:01:25.720> they culprits and in less than 24 hours they culprits and in less than 24 hours they had<00:01:26.079> selected<00:01:26.600> their had selected their had selected their suspect<00:01:28.520> Francisco<00:01:29.119> CIO<00:01:30.320> a<00:01:30.520> 17-year-old<00:01:31.520> kid suspect Francisco CIO a 17-year-old kid suspect Francisco CIO a 17-year-old kid who<00:01:32.360> lived<00:01:32.640> about<00:01:32.880> two<00:01:33.040> or<00:01:33.200> three<00:01:33.399> blocks<00:01:33.759> away who lived about two or three blocks away who lived about two or three blocks away from<00:01:34.159> where<00:01:34.320> the<00:01:34.399> shooting from where the shooting from where the shooting occurred<00:01:36.880> they<00:01:37.040> found<00:01:37.360> photos<00:01:37.720> of<00:01:38.280> him<00:01:39.280> they occurred they found photos of him they occurred they found photos of him they prepared<00:01:40.040> a<00:01:40.240> photo<00:01:40.960> array<00:01:41.960> and<00:01:42.799> the<00:01:43.040> day<00:01:43.320> after prepared a photo array and the day after prepared a photo array and the day after the<00:01:44.119> shooting<00:01:45.119> they<00:01:45.240> showed<00:01:45.560> it<00:01:45.640> to<00:01:45.799> one<00:01:45.960> of the shooting they showed it to one of the shooting they showed it to one of the<00:01:46.159> teenagers<00:01:47.040> and<00:01:47.159> he<00:01:47.360> said<00:01:48.360> that's<00:01:48.960> the the teenagers and he said that's the the teenagers and he said that's the picture<00:01:50.399> that's<00:01:50.600> the<00:01:50.719> shooter<00:01:51.159> I<00:01:51.439> saw<00:01:52.439> that picture that's the shooter I saw that picture that's the shooter I saw that killed<00:01:53.880> the killed the killed the father<00:01:55.759> that<00:01:55.880> was<00:01:56.000> all<00:01:56.159> a<00:01:56.280> prary<00:01:56.799> hearing father that was all a prary hearing father that was all a prary hearing judge<00:01:57.520> had<00:01:57.759> to<00:01:58.719> listen<00:01:59.039> to<00:01:59.960> to<00:02:00.159> bind<00:02:00.520> Mr<00:02:00.840> CIO judge had to listen to to bind Mr CIO judge had to listen to to bind Mr CIO over<00:02:02.119> to<00:02:02.280> stand<00:02:02.719> trial<00:02:03.039> for<00:02:03.399> first-degree over to stand trial for first-degree over to stand trial for first-degree murder<00:02:06.079> in<00:02:06.240> the<00:02:06.399> investigation<00:02:07.159> that murder in the investigation that murder in the investigation that followed<00:02:07.719> before<00:02:08.080> the<00:02:08.239> actual<00:02:08.599> trial<00:02:09.440> each<00:02:09.720> of followed before the actual trial each of followed before the actual trial each of the<00:02:10.080> other<00:02:10.479> five<00:02:10.759> teenagers<00:02:11.480> was the other five teenagers was the other five teenagers was shown<00:02:13.400> photographs<00:02:14.400> the<00:02:14.560> same<00:02:14.840> photo shown photographs the same photo shown photographs the same photo array<00:02:16.800> the<00:02:16.959> picture<00:02:17.280> that<00:02:17.440> we<00:02:17.760> best<00:02:18.160> can array the picture that we best can array the picture that we best can determine<00:02:18.879> was<00:02:19.080> probably<00:02:19.400> the<00:02:19.519> one<00:02:19.680> that<00:02:19.840> they determine was probably the one that they determine was probably the one that they were<00:02:20.080> shown<00:02:20.319> in<00:02:20.400> the<00:02:20.480> photo<00:02:20.760> aray<00:02:21.000> is<00:02:21.120> in<00:02:21.239> your were shown in the photo aray is in your were shown in the photo aray is in your bottom<00:02:21.680> leftand<00:02:22.080> corner<00:02:22.680> of<00:02:22.840> these<00:02:23.040> mug bottom leftand corner of these mug bottom leftand corner of these mug shots<00:02:25.800> uh<00:02:25.920> the<00:02:26.080> reason<00:02:26.480> we're<00:02:26.680> not<00:02:27.040> sure shots uh the reason we're not sure shots uh the reason we're not sure absolutely<00:02:28.160> is<00:02:28.519> because<00:02:29.160> of absolutely is because of absolutely is because of the<00:02:30.560> nature<00:02:31.040> of<00:02:31.519> evidence<00:02:32.239> pre<00:02:32.560> preservation the nature of evidence pre preservation the nature of evidence pre preservation in<00:02:33.519> our<00:02:33.760> Jud<00:02:34.200> judicial<00:02:34.760> system<00:02:35.280> but<00:02:35.400> that's in our Jud judicial system but that's in our Jud judicial system but that's another<00:02:35.879> whole<00:02:36.120> tedex<00:02:36.680> talk<00:02:36.920> for

later<00:02:40.519> so<00:02:41.000> at<00:02:41.159> the<00:02:41.360> actual later so at the actual later so at the actual trial<00:02:43.480> all<00:02:43.800> six<00:02:44.120> of<00:02:44.280> the<00:02:44.400> teenagers trial all six of the teenagers trial all six of the teenagers testified<00:02:46.720> and<00:02:47.400> indicated<00:02:48.360> the testified and indicated the testified and indicated the identifications<00:02:49.400> they<00:02:49.560> had<00:02:49.800> made<00:02:50.760> in<00:02:50.879> the identifications they had made in the identifications they had made in the photo photo photo array<00:02:53.560> he<00:02:53.680> was<00:02:54.159> convicted<00:02:55.159> he<00:02:55.280> was<00:02:55.440> sentenced array he was convicted he was sentenced array he was convicted he was sentenced to<00:02:55.959> life to life to life imprisonment<00:02:58.560> and<00:02:59.319> transport<00:02:59.800> fored<00:03:00.080> to imprisonment and transport fored to imprisonment and transport fored to fullon

prison<00:03:03.799> so<00:03:04.000> what's prison so what's prison so what's wrong<00:03:06.080> straightforward<00:03:07.080> Fair<00:03:07.400> trial<00:03:07.879> full wrong straightforward Fair trial full wrong straightforward Fair trial full investigation<00:03:10.799> oh<00:03:11.040> yes<00:03:11.519> no<00:03:11.760> gun<00:03:12.000> was<00:03:12.159> ever investigation oh yes no gun was ever investigation oh yes no gun was ever found<00:03:14.720> no<00:03:15.040> vehicle<00:03:15.519> was<00:03:15.680> ever<00:03:16.000> identified<00:03:16.840> as found no vehicle was ever identified as found no vehicle was ever identified as being<00:03:18.159> the<00:03:18.280> one<00:03:18.440> in<00:03:18.599> which<00:03:18.760> the<00:03:18.840> shooter<00:03:19.200> had being the one in which the shooter had being the one in which the shooter had extended<00:03:19.840> his extended his extended his arm<00:03:22.040> and<00:03:22.599> no<00:03:22.879> person<00:03:23.159> was<00:03:23.319> ever<00:03:23.519> charged<00:03:23.879> with arm and no person was ever charged with arm and no person was ever charged with being<00:03:24.200> the<00:03:24.319> driver<00:03:24.720> of<00:03:24.959> the<00:03:25.680> shooters being the driver of the shooters being the driver of the shooters vehicle<00:03:28.120> and<00:03:28.280> Mr<00:03:28.560> cio's<00:03:29.040> alibi

which<00:03:32.239> of<00:03:32.480> those<00:03:32.799> parents<00:03:33.319> here<00:03:33.480> in<00:03:33.640> the<00:03:33.840> room which of those parents here in the room which of those parents here in the room might<00:03:35.159> not might not might not lie<00:03:37.519> concerning<00:03:37.959> the<00:03:38.120> whereabouts<00:03:38.680> of<00:03:38.840> your lie concerning the whereabouts of your lie concerning the whereabouts of your son<00:03:39.239> or son or son or daughter<00:03:41.000> in<00:03:41.159> an<00:03:41.360> investigation<00:03:42.040> of<00:03:42.200> a

killing<00:03:46.200> second<00:03:46.439> to killing second to killing second to prison<00:03:48.959> adamantly<00:03:49.680> insisting<00:03:50.120> on<00:03:50.319> his prison adamantly insisting on his prison adamantly insisting on his innocence<00:03:52.400> which<00:03:52.560> he<00:03:52.760> has<00:03:53.040> consistently<00:03:53.519> for innocence which he has consistently for innocence which he has consistently for 21 21 21 years<00:03:57.079> so<00:03:57.239> what's<00:03:57.439> the years so what's the years so what's the problem problem problem the<00:04:00.680> problems<00:04:01.079> actually<00:04:01.280> for<00:04:01.480> this<00:04:01.599> kind<00:04:01.720> of the problems actually for this kind of the problems actually for this kind of case<00:04:03.120> come<00:04:03.519> manyfold<00:04:04.519> from<00:04:05.280> Decades<00:04:05.680> of case come manyfold from Decades of case come manyfold from Decades of scientific scientific scientific research<00:04:08.040> involving<00:04:08.640> human research involving human research involving human memory<00:04:11.280> first<00:04:11.480> of<00:04:11.640> all<00:04:11.840> we<00:04:12.040> have<00:04:12.280> all<00:04:12.439> the memory first of all we have all the memory first of all we have all the statistical<00:04:13.239> analysis<00:04:13.920> from<00:04:14.079> the<00:04:14.200> Innocence statistical analysis from the Innocence statistical analysis from the Innocence Project<00:04:15.440> work<00:04:16.440> where<00:04:16.639> we<00:04:16.959> know<00:04:17.959> that<00:04:18.120> we<00:04:18.239> have Project work where we know that we have Project work where we know that we have what<00:04:18.759> 250<00:04:19.639> 280<00:04:20.639> documented<00:04:21.199> cases<00:04:21.639> now<00:04:22.240> where what 250 280 documented cases now where what 250 280 documented cases now where people<00:04:22.680> have<00:04:22.840> been<00:04:23.000> wrongfully<00:04:24.040> convicted people have been wrongfully convicted people have been wrongfully convicted and<00:04:25.280> subsequently<00:04:26.000> exonerated<00:04:26.720> some<00:04:27.000> from and subsequently exonerated some from and subsequently exonerated some from death death death row<00:04:29.080> on<00:04:29.199> the<00:04:29.360> basis<00:04:29.960> of<00:04:30.199> later<00:04:30.639> DNA row on the basis of later DNA row on the basis of later DNA analysis<00:04:33.080> and<00:04:33.160> you<00:04:33.320> know<00:04:33.560> that<00:04:33.720> over<00:04:34.000> 34<00:04:34.960> of analysis and you know that over 34 of analysis and you know that over 34 of all<00:04:35.440> of<00:04:35.720> those<00:04:36.120> cases<00:04:36.639> of all of those cases of all of those cases of exoneration<00:04:39.199> involved<00:04:40.199> only<00:04:40.919> eyewitness exoneration involved only eyewitness exoneration involved only eyewitness identification<00:04:42.720> testimony<00:04:43.720> during<00:04:44.039> the identification testimony during the identification testimony during the trial<00:04:44.600> that<00:04:44.800> convicted trial that convicted trial that convicted them<00:04:47.000> we<00:04:47.160> know<00:04:47.440> that<00:04:47.639> eyewitness them we know that eyewitness them we know that eyewitness identifications<00:04:49.280> are identifications are identifications are fallible<00:04:51.800> the<00:04:51.919> other<00:04:52.240> comes<00:04:52.560> from<00:04:52.800> an fallible the other comes from an fallible the other comes from an interesting<00:04:53.520> aspect<00:04:53.960> of<00:04:54.160> human<00:04:54.440> memory interesting aspect of human memory interesting aspect of human memory that's<00:04:55.639> related<00:04:56.039> to<00:04:56.280> various<00:04:56.639> brain that's related to various brain that's related to various brain functions<00:04:57.400> but<00:04:57.520> I<00:04:57.600> can<00:04:57.800> sum<00:04:58.080> up<00:04:58.280> for<00:04:58.400> the<00:04:58.560> sake functions but I can sum up for the sake functions but I can sum up for the sake of<00:04:59.000> brevity<00:04:59.759> here<00:05:00.639> in<00:05:00.759> a<00:05:00.960> simple<00:05:01.440> line<00:05:02.440> the of brevity here in a simple line the of brevity here in a simple line the brain<00:05:03.639> abhors<00:05:04.639> a brain abhors a brain abhors a vacuum<00:05:06.960> under<00:05:07.360> the<00:05:08.000> best<00:05:08.400> of<00:05:08.600> observation vacuum under the best of observation vacuum under the best of observation conditions<00:05:10.759> the<00:05:10.919> absolute<00:05:11.680> best<00:05:12.680> we<00:05:12.880> only conditions the absolute best we only conditions the absolute best we only detect<00:05:14.000> encode<00:05:14.520> and<00:05:14.720> store<00:05:15.000> in<00:05:15.120> our<00:05:15.320> brains detect encode and store in our brains detect encode and store in our brains bits<00:05:16.560> and<00:05:16.840> pieces<00:05:17.199> of<00:05:17.400> the<00:05:17.600> entire<00:05:18.080> experience bits and pieces of the entire experience bits and pieces of the entire experience in<00:05:18.680> front<00:05:18.840> of<00:05:19.080> us<00:05:20.080> and<00:05:20.199> they're<00:05:20.319> stored<00:05:20.600> in in front of us and they're stored in in front of us and they're stored in different<00:05:20.960> parts<00:05:21.160> of<00:05:21.280> the<00:05:21.400> brain<00:05:22.360> so<00:05:22.600> now<00:05:22.840> when different parts of the brain so now when different parts of the brain so now when it's<00:05:23.520> important<00:05:24.520> for<00:05:24.759> us<00:05:24.919> to<00:05:25.120> be<00:05:25.280> able<00:05:25.520> to it's important for us to be able to it's important for us to be able to recall<00:05:26.600> what<00:05:26.759> it<00:05:26.960> was<00:05:27.199> that<00:05:27.360> we recall what it was that we recall what it was that we experienced<00:05:29.960> we<00:05:30.240> have<00:05:30.560> an<00:05:30.800> incomplete<00:05:31.639> we experienced we have an incomplete we experienced we have an incomplete we have<00:05:32.039> a<00:05:32.400> partial have a partial have a partial store<00:05:35.479> and<00:05:35.680> what store and what store and what happens<00:05:37.600> below<00:05:37.919> awareness<00:05:38.520> with<00:05:38.759> no happens below awareness with no happens below awareness with no requirement<00:05:39.560> for<00:05:39.759> any<00:05:40.000> kind<00:05:40.160> of<00:05:40.479> motivated requirement for any kind of motivated requirement for any kind of motivated processing<00:05:42.759> the<00:05:42.919> brain<00:05:43.440> fills<00:05:44.120> in processing the brain fills in processing the brain fills in information<00:05:45.440> that<00:05:45.680> was<00:05:45.919> not<00:05:46.759> there<00:05:47.759> not information that was not there not information that was not there not originally<00:05:49.080> stored<00:05:50.080> from<00:05:50.319> inference<00:05:51.280> from originally stored from inference from originally stored from inference from speculation<00:05:52.919> from<00:05:53.160> sources<00:05:53.759> of<00:05:54.000> information speculation from sources of information speculation from sources of information that<00:05:54.880> came<00:05:55.120> to<00:05:55.360> you<00:05:55.880> as<00:05:56.080> the<00:05:56.240> Observer<00:05:56.960> after that came to you as the Observer after that came to you as the Observer after the<00:05:57.960> observation<00:05:58.960> but<00:05:59.080> it<00:05:59.199> happens<00:05:59.479> with the observation but it happens with the observation but it happens with without<00:05:59.840> awareness<00:06:00.319> such<00:06:00.560> that<00:06:01.360> you<00:06:01.639> don't without awareness such that you don't without awareness such that you don't aren't<00:06:02.319> even<00:06:02.639> cognizant<00:06:03.080> of<00:06:03.440> occurring<00:06:04.440> it's aren't even cognizant of occurring it's aren't even cognizant of occurring it's called<00:06:04.919> reconstructed<00:06:05.919> memories<00:06:06.520> it<00:06:06.720> happens called reconstructed memories it happens called reconstructed memories it happens to<00:06:07.280> us<00:06:07.680> in<00:06:08.160> all<00:06:08.479> the<00:06:08.759> aspects<00:06:09.160> of<00:06:09.280> our<00:06:09.520> life<00:06:10.120> all to us in all the aspects of our life all to us in all the aspects of our life all the<00:06:10.880> time<00:06:11.880> it<00:06:12.000> was<00:06:12.560> those<00:06:12.800> two<00:06:13.039> considerations the time it was those two considerations the time it was those two considerations among<00:06:13.960> others<00:06:14.319> reconstructed<00:06:15.039> memory<00:06:15.800> the among others reconstructed memory the among others reconstructed memory the fact<00:06:16.199> about<00:06:16.440> the<00:06:16.560> eyewitness<00:06:17.160> infall fact about the eyewitness infall fact about the eyewitness infall fallibility<00:06:19.360> that<00:06:19.560> was<00:06:19.919> part<00:06:20.360> of<00:06:20.759> the fallibility that was part of the fallibility that was part of the instigation<00:06:22.120> for<00:06:22.319> a<00:06:22.440> group<00:06:22.720> of<00:06:22.919> appeal instigation for a group of appeal instigation for a group of appeal attorneys<00:06:24.639> led<00:06:25.000> by<00:06:25.160> an<00:06:25.400> amazing<00:06:26.039> lawyer<00:06:26.560> named attorneys led by an amazing lawyer named attorneys led by an amazing lawyer named Ellen<00:06:27.199> Edgar<00:06:28.199> to<00:06:28.639> pull<00:06:29.120> their<00:06:29.639> experience<00:06:30.360> and Ellen Edgar to pull their experience and Ellen Edgar to pull their experience and their<00:06:30.720> talents<00:06:31.319> together<00:06:31.960> and<00:06:32.199> petition<00:06:32.680> the their talents together and petition the their talents together and petition the superior<00:06:33.479> court<00:06:34.479> for<00:06:34.720> a<00:06:34.880> retrial<00:06:35.680> for superior court for a retrial for superior court for a retrial for Francisco Francisco Francisco CIO<00:06:38.759> they<00:06:38.880> retain<00:06:39.440> me<00:06:40.400> as<00:06:40.520> a<00:06:40.680> forensic CIO they retain me as a forensic CIO they retain me as a forensic neurophysiologist<00:06:43.360> because<00:06:43.680> I<00:06:43.880> had neurophysiologist because I had neurophysiologist because I had expertise<00:06:45.560> in<00:06:45.800> eyewitness<00:06:46.319> memory<00:06:46.639> and expertise in eyewitness memory and expertise in eyewitness memory and identification<00:06:47.639> which<00:06:47.840> obviously<00:06:48.160> makes identification which obviously makes identification which obviously makes sense<00:06:48.599> for<00:06:48.840> this<00:06:49.120> case<00:06:50.120> right<00:06:50.720> but<00:06:51.000> also sense for this case right but also sense for this case right but also because<00:06:52.199> I<00:06:52.319> have<00:06:52.560> expertise<00:06:53.039> and<00:06:53.199> testify because I have expertise and testify because I have expertise and testify about<00:06:55.160> the<00:06:55.360> nature<00:06:56.360> of<00:06:56.520> human<00:06:56.800> night about the nature of human night about the nature of human night vision<00:06:59.120> but<00:06:59.240> what's<00:06:59.680> got<00:06:59.800> to<00:06:59.879> do<00:07:00.000> with vision but what's got to do with vision but what's got to do with this<00:07:02.280> well<00:07:02.440> when<00:07:02.560> you<00:07:02.759> read<00:07:03.080> through<00:07:03.319> the<00:07:03.520> case this well when you read through the case this well when you read through the case materials<00:07:05.160> in<00:07:05.360> this<00:07:05.639> Kio<00:07:06.560> case<00:07:07.560> one<00:07:07.680> of<00:07:07.759> the materials in this Kio case one of the materials in this Kio case one of the things<00:07:08.199> that<00:07:08.400> suddenly<00:07:08.960> strikes<00:07:09.440> you<00:07:09.759> is<00:07:09.960> that things that suddenly strikes you is that things that suddenly strikes you is that the<00:07:10.599> investigating<00:07:11.160> officers<00:07:12.039> said<00:07:12.400> the the investigating officers said the the investigating officers said the lighting<00:07:12.840> was<00:07:13.599> good<00:07:14.599> at<00:07:14.720> the<00:07:14.879> crime<00:07:15.160> scene<00:07:16.039> at lighting was good at the crime scene at lighting was good at the crime scene at the<00:07:16.360> shooting<00:07:17.360> all<00:07:17.560> the<00:07:17.680> teenagers<00:07:18.639> testified the shooting all the teenagers testified the shooting all the teenagers testified during<00:07:19.919> the<00:07:20.440> trial<00:07:21.440> that<00:07:21.599> they<00:07:21.759> could<00:07:21.879> see during the trial that they could see during the trial that they could see very very very well<00:07:24.759> but<00:07:24.919> this<00:07:25.080> occurred<00:07:25.440> in<00:07:25.680> mid<00:07:26.080> January<00:07:27.080> in well but this occurred in mid January in well but this occurred in mid January in the<00:07:27.400> northern<00:07:28.160> hemisphere<00:07:29.160> at<00:07:29.560> 700<00:07:29.879> p.m.<00:07:30.319> at

night<00:07:33.759> so<00:07:33.960> when<00:07:34.120> I<00:07:34.280> do<00:07:34.520> the<00:07:34.919> did<00:07:35.080> the night so when I do the did the night so when I do the did the calculations<00:07:36.240> for<00:07:36.440> the<00:07:36.560> lunar<00:07:37.199> data<00:07:37.520> and<00:07:37.639> the calculations for the lunar data and the calculations for the lunar data and the solar<00:07:38.199> data<00:07:39.199> at<00:07:39.400> that<00:07:39.639> location<00:07:40.000> on<00:07:40.160> Earth<00:07:40.440> at solar data at that location on Earth at solar data at that location on Earth at the<00:07:40.720> time<00:07:40.919> of<00:07:41.080> the<00:07:41.199> incident<00:07:41.560> of<00:07:41.680> the<00:07:41.759> shooting the time of the incident of the shooting the time of the incident of the shooting all<00:07:43.000> right<00:07:44.000> it<00:07:44.120> was<00:07:44.360> well<00:07:44.680> past<00:07:44.960> the<00:07:45.039> end<00:07:45.240> of all right it was well past the end of all right it was well past the end of Civil<00:07:45.720> Twilight<00:07:46.240> and<00:07:46.360> there<00:07:46.479> was<00:07:46.639> no<00:07:46.800> moon<00:07:47.080> up Civil Twilight and there was no moon up Civil Twilight and there was no moon up the<00:07:47.479> night<00:07:48.479> so<00:07:48.680> all<00:07:48.879> the<00:07:49.039> light<00:07:49.280> in<00:07:49.440> this<00:07:49.639> area the night so all the light in this area the night so all the light in this area from<00:07:50.120> the<00:07:50.199> Sun<00:07:50.400> of<00:07:50.479> the<00:07:50.599> moon<00:07:50.800> is<00:07:50.919> what<00:07:51.000> you<00:07:51.080> see from the Sun of the moon is what you see from the Sun of the moon is what you see on<00:07:51.319> the<00:07:51.400> screen<00:07:51.759> right on the screen right on the screen right here<00:07:54.039> the<00:07:54.159> only<00:07:54.479> Lighting<00:07:54.800> in<00:07:54.919> that<00:07:55.080> area<00:07:55.360> had here the only Lighting in that area had here the only Lighting in that area had to<00:07:56.000> come<00:07:57.000> from<00:07:57.400> artificial<00:07:58.280> sources<00:07:59.280> and to come from artificial sources and to come from artificial sources and that's<00:07:59.759> where<00:07:59.919> I<00:08:00.080> go<00:08:00.199> out<00:08:00.400> and<00:08:00.520> I<00:08:00.639> do<00:08:00.879> the that's where I go out and I do the that's where I go out and I do the actual<00:08:01.520> reconstruction<00:08:02.240> of<00:08:02.360> the<00:08:02.479> scene<00:08:03.159> with actual reconstruction of the scene with actual reconstruction of the scene with photometers<00:08:04.199> with<00:08:04.360> various<00:08:04.759> measures<00:08:05.120> of photometers with various measures of photometers with various measures of Illumination<00:08:06.000> and<00:08:06.159> various<00:08:06.440> other<00:08:06.639> measures Illumination and various other measures Illumination and various other measures of<00:08:07.720> of<00:08:08.240> U<00:08:09.159> color<00:08:09.520> perception<00:08:10.159> along<00:08:10.520> with of of U color perception along with of of U color perception along with special<00:08:11.199> cameras<00:08:11.479> and<00:08:11.680> high-speed<00:08:12.199> film special cameras and high-speed film special cameras and high-speed film right<00:08:13.800> take<00:08:14.039> all<00:08:14.280> the<00:08:14.400> measurements<00:08:14.800> and right take all the measurements and right take all the measurements and record<00:08:15.360> them<00:08:16.199> right<00:08:16.800> and<00:08:16.919> then<00:08:17.120> take record them right and then take record them right and then take photographs<00:08:17.919> and<00:08:18.039> this<00:08:18.159> is<00:08:18.280> what<00:08:18.400> the<00:08:18.479> scene photographs and this is what the scene photographs and this is what the scene looked<00:08:19.039> like<00:08:19.240> at<00:08:19.319> the<00:08:19.479> time<00:08:19.599> of<00:08:19.720> the<00:08:19.800> shooting looked like at the time of the shooting looked like at the time of the shooting from<00:08:20.840> the<00:08:21.080> position<00:08:21.599> of<00:08:21.759> the from the position of the from the position of the teenagers<00:08:23.479> looking<00:08:23.759> at<00:08:23.919> the<00:08:24.080> car<00:08:24.400> going<00:08:24.759> by teenagers looking at the car going by teenagers looking at the car going by and<00:08:25.440> shooting<00:08:26.440> this<00:08:26.520> is<00:08:26.720> looking<00:08:27.120> directly and shooting this is looking directly and shooting this is looking directly across<00:08:27.960> the<00:08:28.120> street<00:08:28.599> from<00:08:28.759> where<00:08:28.919> they<00:08:29.000> were across the street from where they were across the street from where they were standing standing standing standing<00:08:31.400> remember<00:08:31.759> the<00:08:32.240> investigating standing remember the investigating standing remember the investigating officer<00:08:33.080> report<00:08:33.360> said<00:08:33.560> the<00:08:33.680> lighting<00:08:33.959> was officer report said the lighting was officer report said the lighting was good<00:08:35.560> teenagers<00:08:36.080> said<00:08:36.240> they<00:08:36.360> could<00:08:36.479> see<00:08:36.760> very good teenagers said they could see very good teenagers said they could see very well<00:08:38.880> this<00:08:39.000> is<00:08:39.200> looking<00:08:40.000> down<00:08:40.320> to<00:08:40.519> the<00:08:40.760> east well this is looking down to the east well this is looking down to the east where<00:08:41.680> the<00:08:42.080> shooting<00:08:42.640> vehicle<00:08:43.120> sped where the shooting vehicle sped where the shooting vehicle sped off<00:08:46.440> and<00:08:46.680> this<00:08:46.880> is<00:08:47.720> the<00:08:47.880> lighting<00:08:48.519> directly off and this is the lighting directly off and this is the lighting directly behind<00:08:49.440> the<00:08:49.600> father<00:08:49.920> and<00:08:50.080> the behind the father and the behind the father and the teenagers<00:08:52.240> as<00:08:52.360> you<00:08:52.480> can<00:08:52.680> see<00:08:53.120> it<00:08:53.240> is<00:08:53.560> at<00:08:53.800> best teenagers as you can see it is at best teenagers as you can see it is at best poor<00:08:56.120> no<00:08:56.240> one's<00:08:56.519> going<00:08:56.600> to<00:08:56.800> call<00:08:57.160> this poor no one's going to call this poor no one's going to call this well-lit<00:08:59.040> Good<00:08:59.560> Ting<00:09:00.560> and<00:09:00.720> in<00:09:00.920> fact<00:09:01.800> as<00:09:02.000> nice well-lit Good Ting and in fact as nice well-lit Good Ting and in fact as nice as<00:09:02.360> these<00:09:02.519> pictures<00:09:02.880> are<00:09:03.120> and<00:09:03.240> the<00:09:03.320> reason<00:09:03.560> we as these pictures are and the reason we as these pictures are and the reason we take<00:09:03.880> them<00:09:04.040> is<00:09:04.200> I<00:09:04.279> knew<00:09:04.440> I<00:09:04.480> was<00:09:04.600> going<00:09:04.720> to<00:09:04.880> have take them is I knew I was going to have take them is I knew I was going to have to<00:09:05.120> testify<00:09:05.560> in<00:09:05.680> the<00:09:05.800> court<00:09:06.640> and<00:09:06.760> a<00:09:06.920> picture<00:09:07.279> is to testify in the court and a picture is to testify in the court and a picture is worth<00:09:08.480> more<00:09:08.760> than<00:09:08.959> a<00:09:09.160> thousand<00:09:09.560> words<00:09:10.000> when worth more than a thousand words when worth more than a thousand words when you're<00:09:10.320> trying<00:09:10.519> to<00:09:10.760> communicate<00:09:11.800> numbers you're trying to communicate numbers you're trying to communicate numbers abstract<00:09:13.320> Concepts<00:09:13.839> like<00:09:14.040> Lux<00:09:14.440> the abstract Concepts like Lux the abstract Concepts like Lux the international<00:09:15.079> measurement<00:09:15.600> of international measurement of international measurement of Illumination<00:09:16.720> the<00:09:16.839> is<00:09:17.000> Shahara<00:09:17.480> color<00:09:18.279> color Illumination the is Shahara color color Illumination the is Shahara color color perception<00:09:19.079> test<00:09:19.440> values<00:09:20.399> right<00:09:21.240> uh<00:09:21.600> when<00:09:21.720> you perception test values right uh when you perception test values right uh when you present<00:09:22.279> those<00:09:22.440> to<00:09:22.600> people<00:09:22.839> who<00:09:22.959> are<00:09:23.160> not present those to people who are not present those to people who are not well-versed<00:09:23.959> in<00:09:24.360> those<00:09:24.720> aspects<00:09:25.120> of<00:09:25.399> Science well-versed in those aspects of Science well-versed in those aspects of Science and<00:09:25.959> that<00:09:26.640> uh<00:09:26.760> they<00:09:26.920> become<00:09:27.240> salamanders<00:09:27.959> in and that uh they become salamanders in and that uh they become salamanders in the<00:09:28.200> Noonday<00:09:28.720> sun<00:09:29.120> it's<00:09:29.240> like<00:09:29.600> talking<00:09:29.800> about the Noonday sun it's like talking about the Noonday sun it's like talking about the<00:09:30.200> tangent<00:09:30.560> of<00:09:30.680> the<00:09:30.800> visual<00:09:31.240> angle<00:09:31.760> all the tangent of the visual angle all the tangent of the visual angle all right<00:09:32.440> their<00:09:32.680> eyes<00:09:32.920> just<00:09:33.120> glaze<00:09:33.680> over<00:09:34.320> all right their eyes just glaze over all right their eyes just glaze over all right<00:09:35.880> a<00:09:36.040> good<00:09:36.240> forensic<00:09:36.839> expert<00:09:37.160> also<00:09:37.560> has<00:09:37.720> to right a good forensic expert also has to right a good forensic expert also has to be<00:09:38.160> a<00:09:38.320> good<00:09:38.560> educator<00:09:39.360> a<00:09:39.560> good<00:09:39.880> communicator be a good educator a good communicator be a good educator a good communicator and<00:09:41.000> that's<00:09:41.200> part<00:09:41.320> of<00:09:41.399> the<00:09:41.480> reason<00:09:41.720> why<00:09:41.839> we and that's part of the reason why we and that's part of the reason why we take<00:09:42.120> the<00:09:42.279> pictures<00:09:43.079> to<00:09:43.279> show<00:09:43.640> not<00:09:43.760> only<00:09:44.000> the take the pictures to show not only the take the pictures to show not only the where<00:09:44.279> the<00:09:44.360> light<00:09:44.560> sources<00:09:44.959> are<00:09:45.480> and<00:09:45.720> what<00:09:45.839> we where the light sources are and what we where the light sources are and what we call<00:09:46.160> The<00:09:46.279> Spill<00:09:46.640> the<00:09:46.839> distribution<00:09:47.839> but<00:09:48.000> also call The Spill the distribution but also call The Spill the distribution but also so<00:09:48.519> that<00:09:48.680> it's<00:09:48.959> easier<00:09:49.560> for<00:09:50.360> the<00:09:50.519> triar<00:09:51.079> fact so that it's easier for the triar fact so that it's easier for the triar fact to<00:09:51.680> understand<00:09:51.839> the to understand the to understand the circumstances<00:09:54.320> so<00:09:54.519> these<00:09:54.640> are<00:09:55.000> some<00:09:55.120> of<00:09:55.240> the circumstances so these are some of the circumstances so these are some of the pictures<00:09:55.800> that<00:09:55.959> in<00:09:56.160> fact<00:09:56.519> I<00:09:56.680> use<00:09:56.920> when<00:09:57.079> I pictures that in fact I use when I pictures that in fact I use when I testify<00:09:58.560> but<00:09:58.720> more<00:09:58.880> importantly<00:09:59.440> were<00:09:59.640> to<00:09:59.760> me testify but more importantly were to me testify but more importantly were to me as<00:10:00.000> a<00:10:00.160> scientist<00:10:00.600> are<00:10:00.800> those<00:10:01.079> readings<00:10:01.560> the as a scientist are those readings the as a scientist are those readings the photometer<00:10:02.160> readings<00:10:02.519> which<00:10:02.760> I<00:10:02.920> can<00:10:03.600> then photometer readings which I can then photometer readings which I can then convert<00:10:05.240> into<00:10:06.040> actual<00:10:06.519> predictions<00:10:07.120> of<00:10:07.360> the convert into actual predictions of the convert into actual predictions of the visual<00:10:08.120> capability<00:10:08.760> of<00:10:08.920> the<00:10:09.160> human<00:10:10.040> eye<00:10:10.959> under visual capability of the human eye under visual capability of the human eye under those those those circumstances<00:10:13.320> and<00:10:13.480> from<00:10:13.720> my<00:10:14.160> readings<00:10:15.160> that circumstances and from my readings that circumstances and from my readings that I<00:10:15.560> recorded<00:10:16.000> at<00:10:16.120> the<00:10:16.240> scene<00:10:16.680> under<00:10:16.959> the<00:10:17.120> same I recorded at the scene under the same I recorded at the scene under the same solar<00:10:17.800> and<00:10:17.920> lunar<00:10:18.480> conditions<00:10:18.839> at<00:10:19.040> the<00:10:19.240> same solar and lunar conditions at the same solar and lunar conditions at the same time<00:10:20.000> so<00:10:20.160> on<00:10:20.399> so<00:10:20.560> forth<00:10:21.160> right<00:10:22.160> I<00:10:22.279> could time so on so forth right I could time so on so forth right I could predict<00:10:23.519> that<00:10:23.640> there<00:10:23.760> would<00:10:23.880> be<00:10:24.040> no<00:10:24.279> reliable predict that there would be no reliable predict that there would be no reliable color<00:10:25.040> perception<00:10:25.480> which<00:10:25.600> is<00:10:25.800> crucial<00:10:26.160> for color perception which is crucial for color perception which is crucial for face face face recognition<00:10:28.279> and<00:10:28.399> that<00:10:28.519> there<00:10:28.640> would<00:10:28.760> be<00:10:28.839> only recognition and that there would be only recognition and that there would be only topic<00:10:29.839> Vision<00:10:30.160> which<00:10:30.279> mean<00:10:30.519> there'd<00:10:30.720> be<00:10:30.959> very topic Vision which mean there'd be very topic Vision which mean there'd be very little<00:10:31.560> resolution<00:10:32.120> what<00:10:32.240> we<00:10:32.360> call<00:10:32.560> boundary little resolution what we call boundary little resolution what we call boundary or<00:10:33.079> Edge<00:10:33.519> detection<00:10:34.519> and<00:10:34.640> that<00:10:34.839> furthermore or Edge detection and that furthermore or Edge detection and that furthermore because<00:10:35.920> the<00:10:36.079> eyes<00:10:36.360> would<00:10:36.480> have<00:10:36.600> been<00:10:36.839> totally because the eyes would have been totally because the eyes would have been totally dilated<00:10:37.920> under<00:10:38.240> this<00:10:38.440> light<00:10:39.240> the<00:10:39.440> depth<00:10:39.720> of dilated under this light the depth of dilated under this light the depth of field<00:10:40.480> the<00:10:40.680> distance<00:10:41.079> at<00:10:41.279> which<00:10:41.440> you<00:10:41.600> can field the distance at which you can field the distance at which you can focus<00:10:42.279> and<00:10:42.440> see<00:10:42.959> details<00:10:43.959> would<00:10:44.120> have<00:10:44.240> been focus and see details would have been focus and see details would have been less<00:10:44.720> than<00:10:44.920> 18<00:10:45.760> in

away<00:10:49.800> I<00:10:50.000> testified<00:10:50.560> to<00:10:50.760> that<00:10:50.920> to<00:10:51.079> the<00:10:51.279> court away I testified to that to the court away I testified to that to the court and<00:10:52.399> while<00:10:52.600> the<00:10:52.720> judge<00:10:52.959> was<00:10:53.120> very<00:10:53.440> attentive and while the judge was very attentive and while the judge was very attentive it<00:10:54.240> had<00:10:54.399> been<00:10:54.560> a<00:10:54.839> very<00:10:55.120> very<00:10:55.399> long<00:10:56.079> hearing<00:10:57.040> for it had been a very very long hearing for it had been a very very long hearing for this<00:10:57.720> petition<00:10:58.120> for<00:10:58.320> a<00:10:58.440> retrial this petition for a retrial this petition for a retrial and<00:11:00.360> as<00:11:00.480> a<00:11:00.720> result<00:11:01.720> I<00:11:01.880> noticed<00:11:02.240> out<00:11:02.320> of<00:11:02.399> the and as a result I noticed out of the and as a result I noticed out of the Cora<00:11:02.959> eye<00:11:03.920> that<00:11:04.720> I<00:11:05.160> thought<00:11:05.440> that<00:11:05.680> maybe<00:11:06.079> the Cora eye that I thought that maybe the Cora eye that I thought that maybe the judge<00:11:06.519> was<00:11:06.680> going<00:11:06.839> to<00:11:06.959> need<00:11:07.120> a<00:11:07.360> little<00:11:07.639> more<00:11:07.880> of judge was going to need a little more of judge was going to need a little more of a<00:11:08.279> nudge<00:11:09.279> than<00:11:09.560> just<00:11:09.800> more a nudge than just more a nudge than just more numbers<00:11:12.040> and<00:11:12.200> here<00:11:12.360> I<00:11:12.480> became<00:11:12.720> a<00:11:12.839> bit numbers and here I became a bit numbers and here I became a bit audacious<00:11:14.639> and<00:11:14.760> I<00:11:14.880> turned<00:11:15.720> and<00:11:15.959> I<00:11:16.399> asked<00:11:16.800> the audacious and I turned and I asked the audacious and I turned and I asked the judge<00:11:18.480> I<00:11:18.560> said<00:11:18.800> your<00:11:19.000> honor<00:11:19.399> I<00:11:19.519> think<00:11:19.720> you judge I said your honor I think you judge I said your honor I think you should<00:11:20.079> go<00:11:20.240> out<00:11:20.519> and<00:11:20.760> look<00:11:20.959> at<00:11:21.079> the<00:11:21.240> scene should go out and look at the scene should go out and look at the scene yourself<00:11:22.920> now<00:11:23.120> I<00:11:23.279> may<00:11:23.440> have<00:11:23.600> used<00:11:23.920> a<00:11:24.120> tone yourself now I may have used a tone yourself now I may have used a tone which<00:11:24.720> was<00:11:24.959> more<00:11:25.240> like<00:11:25.360> a<00:11:25.639> dare<00:11:26.120> than<00:11:26.279> a which was more like a dare than a which was more like a dare than a request<00:11:29.000> but request but request but nonetheless<00:11:30.839> it's<00:11:31.040> to<00:11:31.279> this<00:11:31.440> man's<00:11:31.880> credit nonetheless it's to this man's credit nonetheless it's to this man's credit and<00:11:32.360> his<00:11:33.000> courage<00:11:34.000> that<00:11:34.200> he<00:11:34.600> said<00:11:35.120> yes<00:11:35.440> I and his courage that he said yes I and his courage that he said yes I will<00:11:37.279> a<00:11:37.440> shocker<00:11:38.399> in<00:11:38.560> American<00:11:38.920> Jewish will a shocker in American Jewish will a shocker in American Jewish Prudence<00:11:41.120> so<00:11:41.360> in<00:11:41.519> fact<00:11:41.680> we<00:11:41.800> found<00:11:42.040> the<00:11:42.160> same Prudence so in fact we found the same Prudence so in fact we found the same identical<00:11:42.880> conditions<00:11:43.200> we<00:11:43.360> reconstructed identical conditions we reconstructed identical conditions we reconstructed the<00:11:44.079> entire<00:11:44.399> thing<00:11:44.680> again<00:11:45.399> he<00:11:45.600> came<00:11:45.839> out<00:11:46.200> with the entire thing again he came out with the entire thing again he came out with an<00:11:46.600> entire<00:11:47.519> Brigade<00:11:48.160> of<00:11:48.320> Sheriff's<00:11:48.839> officers an entire Brigade of Sheriff's officers an entire Brigade of Sheriff's officers to<00:11:49.360> protect<00:11:49.680> him<00:11:49.880> in<00:11:50.040> this<00:11:50.480> in<00:11:50.639> this<00:11:50.920> community to protect him in this in this community to protect him in this in this community all

right<00:11:56.160> we<00:11:56.320> had<00:11:56.519> him<00:11:56.720> stand<00:11:57.480> actually<00:11:58.160> slightly right we had him stand actually slightly right we had him stand actually slightly in<00:11:58.760> the<00:11:58.880> street<00:11:59.360> so<00:11:59.760> closer<00:12:00.200> to<00:12:00.440> the<00:12:00.639> suspect in the street so closer to the suspect in the street so closer to the suspect vehicle<00:12:01.880> shooter<00:12:02.240> vehicle<00:12:02.800> than<00:12:03.000> the<00:12:03.200> actual vehicle shooter vehicle than the actual vehicle shooter vehicle than the actual teenagers<00:12:04.399> were<00:12:05.399> so<00:12:05.560> he<00:12:05.720> stood<00:12:06.120> a<00:12:06.279> few<00:12:06.519> feet teenagers were so he stood a few feet teenagers were so he stood a few feet from<00:12:06.920> the<00:12:07.240> curb<00:12:08.240> toward<00:12:08.519> the<00:12:08.639> middle<00:12:08.880> of<00:12:08.959> the from the curb toward the middle of the from the curb toward the middle of the street<00:12:10.440> we<00:12:10.639> had<00:12:10.760> a<00:12:11.000> car<00:12:11.680> that<00:12:11.880> came street we had a car that came street we had a car that came by<00:12:13.720> same<00:12:14.079> identical<00:12:14.680> car<00:12:15.000> as<00:12:15.440> as<00:12:15.600> described<00:12:16.079> by by same identical car as as described by by same identical car as as described by the<00:12:16.880> teenagers<00:12:17.880> it<00:12:18.079> had<00:12:18.240> a<00:12:18.480> driver<00:12:18.760> and<00:12:18.880> a the teenagers it had a driver and a the teenagers it had a driver and a passenger<00:12:20.160> and<00:12:20.360> after<00:12:20.600> the<00:12:20.760> car<00:12:21.120> had<00:12:21.440> passed passenger and after the car had passed passenger and after the car had passed the<00:12:22.480> judge the judge the judge by<00:12:24.440> the<00:12:24.639> passenger<00:12:25.560> extended<00:12:26.160> his<00:12:26.440> hand by the passenger extended his hand by the passenger extended his hand pointed<00:12:27.800> it<00:12:28.040> back<00:12:28.279> to<00:12:28.440> the<00:12:28.639> judge pointed it back to the judge pointed it back to the judge as<00:12:30.079> the<00:12:30.279> concar<00:12:30.839> continued<00:12:31.279> on<00:12:31.600> just<00:12:31.800> as<00:12:31.920> the as the concar continued on just as the as the concar continued on just as the teenagers<00:12:32.440> had<00:12:32.600> described<00:12:33.040> it<00:12:33.600> right<00:12:34.600> now<00:12:34.760> he teenagers had described it right now he teenagers had described it right now he didn't<00:12:35.160> use<00:12:35.360> a<00:12:35.519> real<00:12:35.880> gun<00:12:36.079> in<00:12:36.279> his<00:12:36.519> hand<00:12:37.240> so<00:12:37.399> he didn't use a real gun in his hand so he didn't use a real gun in his hand so he had<00:12:37.600> a<00:12:37.720> black<00:12:38.040> object<00:12:38.320> in<00:12:38.440> his<00:12:38.639> hand<00:12:38.920> that<00:12:39.000> was had a black object in his hand that was had a black object in his hand that was similar<00:12:39.440> to<00:12:39.560> the<00:12:39.680> gun<00:12:39.839> that<00:12:39.959> was<00:12:40.399> described<00:12:41.399> he similar to the gun that was described he similar to the gun that was described he pointed<00:12:41.880> by<00:12:42.279> and<00:12:42.399> this<00:12:42.480> is<00:12:42.600> what<00:12:42.720> the<00:12:42.839> judge pointed by and this is what the judge pointed by and this is what the judge saw<00:12:44.600> this<00:12:44.720> is<00:12:44.880> the<00:12:45.320> car<00:12:46.320> 30<00:12:47.040> ft<00:12:47.399> away<00:12:47.639> from<00:12:47.800> the

judge<00:12:51.839> there's<00:12:52.040> an<00:12:52.160> arm<00:12:52.399> sticking<00:12:52.760> out<00:12:53.199> of<00:12:53.320> the judge there's an arm sticking out of the judge there's an arm sticking out of the passenger's<00:12:54.040> side<00:12:54.279> and<00:12:54.440> pointed<00:12:54.880> back<00:12:55.079> at<00:12:55.519> you passenger's side and pointed back at you passenger's side and pointed back at you that's<00:12:56.880> 30<00:12:57.279> ft<00:12:57.839> away<00:12:58.839> so<00:12:59.199> my<00:12:59.320> teenager<00:12:59.760> said that's 30 ft away so my teenager said that's 30 ft away so my teenager said that<00:13:00.199> that<00:13:00.320> in<00:13:00.440> fact<00:13:00.560> the<00:13:00.680> car<00:13:00.839> was<00:13:01.000> 15<00:13:01.360> ft<00:13:01.600> away that that in fact the car was 15 ft away that that in fact the car was 15 ft away when<00:13:01.880> it<00:13:02.399> shot<00:13:03.680> okay<00:13:04.680> there's<00:13:05.000> 15 when it shot okay there's 15 when it shot okay there's 15 ft<00:13:08.240> at<00:13:08.440> this<00:13:08.639> point<00:13:08.880> I<00:13:09.040> became<00:13:09.279> a<00:13:09.399> little ft at this point I became a little ft at this point I became a little concerned<00:13:11.279> this<00:13:11.600> judge<00:13:12.440> is<00:13:12.600> someone<00:13:12.920> you concerned this judge is someone you concerned this judge is someone you never<00:13:13.399> want<00:13:13.560> to<00:13:13.720> play<00:13:13.959> poker never want to play poker never want to play poker with<00:13:16.000> I<00:13:16.279> he<00:13:16.440> was<00:13:16.760> totally<00:13:17.399> stoic<00:13:18.399> I<00:13:18.519> couldn't with I he was totally stoic I couldn't with I he was totally stoic I couldn't see<00:13:19.000> a<00:13:19.160> twitch<00:13:19.440> of<00:13:19.560> his<00:13:19.760> eyebrow<00:13:20.199> I<00:13:20.320> couldn't see a twitch of his eyebrow I couldn't see a twitch of his eyebrow I couldn't see<00:13:21.040> the<00:13:21.279> slightest<00:13:22.040> Bend<00:13:22.440> of<00:13:22.600> his<00:13:22.800> head<00:13:23.560> I<00:13:23.720> had see the slightest Bend of his head I had see the slightest Bend of his head I had no<00:13:24.199> sense<00:13:24.440> of<00:13:24.639> how<00:13:24.800> he<00:13:24.920> was<00:13:25.160> reacting<00:13:25.560> to<00:13:26.040> this no sense of how he was reacting to this no sense of how he was reacting to this and<00:13:27.240> after<00:13:27.480> he<00:13:27.680> looked<00:13:27.920> at<00:13:28.160> this<00:13:28.639> reenact and after he looked at this reenact and after he looked at this reenact he<00:13:30.160> turned<00:13:30.440> to<00:13:30.519> me<00:13:30.639> and<00:13:30.720> he<00:13:30.839> says<00:13:31.079> is<00:13:31.199> there he turned to me and he says is there he turned to me and he says is there anything<00:13:31.800> else<00:13:32.000> you<00:13:32.160> want<00:13:32.320> me<00:13:32.440> to<00:13:32.639> look anything else you want me to look anything else you want me to look at<00:13:35.120> I<00:13:35.320> said<00:13:36.240> your<00:13:36.639> honor<00:13:37.639> and<00:13:37.800> I<00:13:37.880> don't<00:13:38.040> know at I said your honor and I don't know at I said your honor and I don't know whether<00:13:38.440> I<00:13:38.560> was<00:13:38.839> emboldened<00:13:39.760> by<00:13:39.880> the whether I was emboldened by the whether I was emboldened by the scientific<00:13:40.720> measurements<00:13:41.240> that<00:13:41.399> I<00:13:41.560> had<00:13:41.760> in<00:13:41.920> my scientific measurements that I had in my scientific measurements that I had in my pocket<00:13:43.240> and<00:13:43.480> my<00:13:43.680> knowledge<00:13:44.160> that<00:13:44.320> they<00:13:44.399> are pocket and my knowledge that they are pocket and my knowledge that they are accurate<00:13:45.600> or<00:13:45.839> whether<00:13:46.079> it<00:13:46.199> was<00:13:46.440> just<00:13:46.639> sheer accurate or whether it was just sheer accurate or whether it was just sheer stupidity<00:13:47.920> which<00:13:48.040> is<00:13:48.199> what<00:13:48.360> the<00:13:48.519> defense stupidity which is what the defense stupidity which is what the defense lawyers<00:13:49.519> thought<00:13:50.519> when<00:13:50.680> they<00:13:50.839> heard<00:13:51.199> me lawyers thought when they heard me lawyers thought when they heard me say<00:13:53.120> yes<00:13:53.279> your<00:13:53.399> honor<00:13:53.720> I<00:13:53.839> want<00:13:54.000> you<00:13:54.079> to<00:13:54.279> stand say yes your honor I want you to stand say yes your honor I want you to stand right<00:13:54.920> there<00:13:55.440> and<00:13:55.519> I<00:13:55.639> want<00:13:55.839> the<00:13:55.959> car<00:13:56.160> to<00:13:56.320> go right there and I want the car to go right there and I want the car to go around<00:13:56.839> the<00:13:56.959> block around the block around the block again<00:13:59.199> and<00:13:59.320> I<00:13:59.440> want<00:13:59.600> it<00:13:59.720> to<00:13:59.920> come<00:14:00.519> and<00:14:00.680> I<00:14:00.800> want again and I want it to come and I want again and I want it to come and I want it<00:14:01.120> to it to it to stop<00:14:03.800> right<00:14:04.079> in<00:14:04.279> front<00:14:04.519> of<00:14:04.680> you<00:14:05.639> 3<00:14:05.880> to<00:14:06.040> four stop right in front of you 3 to four stop right in front of you 3 to four feet<00:14:06.560> away<00:14:07.440> and<00:14:07.600> I<00:14:07.720> want<00:14:08.560> the<00:14:08.759> passenger<00:14:09.160> to feet away and I want the passenger to feet away and I want the passenger to extend<00:14:09.839> his<00:14:10.040> hand<00:14:10.240> with<00:14:10.360> a<00:14:10.519> black<00:14:10.920> object extend his hand with a black object extend his hand with a black object point<00:14:11.759> right<00:14:11.959> at<00:14:12.120> you<00:14:12.560> and<00:14:12.680> you<00:14:12.759> can<00:14:12.959> look<00:14:13.160> at point right at you and you can look at point right at you and you can look at it<00:14:13.600> as<00:14:13.839> long<00:14:14.360> as<00:14:14.560> you

want<00:14:18.360> and<00:14:18.720> that's<00:14:19.240> what<00:14:19.440> he

saw<00:14:23.360> you'll<00:14:23.639> notice<00:14:24.639> which<00:14:24.800> was<00:14:25.000> also<00:14:25.240> in<00:14:25.360> my saw you'll notice which was also in my saw you'll notice which was also in my test<00:14:25.839> report<00:14:26.440> all<00:14:26.600> the<00:14:26.720> dominant<00:14:27.120> lighting<00:14:27.600> is test report all the dominant lighting is test report all the dominant lighting is coming<00:14:28.040> from<00:14:28.160> the<00:14:28.320> north<00:14:28.600> side<00:14:28.839> which<00:14:29.120> means coming from the north side which means coming from the north side which means that<00:14:29.519> the<00:14:29.639> shooter's<00:14:30.199> face<00:14:30.560> would<00:14:30.720> have<00:14:30.880> been that the shooter's face would have been that the shooter's face would have been photo<00:14:31.519> uded<00:14:31.920> would<00:14:32.040> have<00:14:32.120> been<00:14:32.320> back<00:14:32.600> lit photo uded would have been back lit photo uded would have been back lit furthermore<00:14:34.000> the<00:14:34.120> roof<00:14:34.440> of<00:14:34.560> the<00:14:34.800> car<00:14:35.440> is furthermore the roof of the car is furthermore the roof of the car is causing<00:14:36.199> what<00:14:36.320> we<00:14:36.519> call<00:14:36.880> a<00:14:37.240> shadow<00:14:37.759> Cloud causing what we call a shadow Cloud causing what we call a shadow Cloud inside<00:14:38.800> the<00:14:39.040> car<00:14:39.920> which<00:14:40.040> is<00:14:40.240> making<00:14:40.560> it<00:14:41.320> darker inside the car which is making it darker inside the car which is making it darker right<00:14:43.440> and<00:14:43.639> this<00:14:43.959> is<00:14:44.639> 3<00:14:44.959> to4<00:14:45.360> ft right and this is 3 to4 ft right and this is 3 to4 ft away<00:14:48.560> why<00:14:48.680> did<00:14:48.839> I<00:14:49.000> take<00:14:49.160> the<00:14:49.360> risk<00:14:50.040> I<00:14:50.160> knew<00:14:50.519> the away why did I take the risk I knew the away why did I take the risk I knew the depth<00:14:50.880> of<00:14:51.040> field<00:14:51.360> was<00:14:51.560> 18<00:14:51.920> in<00:14:52.279> or depth of field was 18 in or depth of field was 18 in or less<00:14:54.160> 3<00:14:54.399> to<00:14:54.560> four<00:14:54.759> feet<00:14:55.000> it<00:14:55.199> might<00:14:55.399> as<00:14:55.519> well less 3 to four feet it might as well less 3 to four feet it might as well have<00:14:56.000> been<00:14:57.000> a<00:14:57.160> football<00:14:57.480> field<00:14:58.040> away have been a football field away have been a football field away this<00:15:01.079> is<00:15:01.240> what<00:15:01.360> he<00:15:01.720> saw<00:15:02.720> went this is what he saw went this is what he saw went back<00:15:05.040> there<00:15:05.160> was<00:15:05.279> a<00:15:05.399> few<00:15:05.560> more<00:15:05.800> days<00:15:06.040> of back there was a few more days of back there was a few more days of evidence<00:15:06.759> that<00:15:06.920> was<00:15:07.120> heard<00:15:07.680> at<00:15:07.800> the<00:15:07.920> end<00:15:08.079> of<00:15:08.560> it evidence that was heard at the end of it evidence that was heard at the end of it he<00:15:09.720> made<00:15:09.920> the<00:15:10.079> Judgment<00:15:10.480> that<00:15:10.600> he<00:15:10.720> was<00:15:10.839> going he made the Judgment that he was going he made the Judgment that he was going to<00:15:11.120> Grant<00:15:11.399> the<00:15:11.560> petition<00:15:11.839> for<00:15:12.000> a to Grant the petition for a to Grant the petition for a retrial<00:15:14.440> and<00:15:14.600> further<00:15:15.040> more<00:15:15.320> he<00:15:15.519> released<00:15:16.160> Mr retrial and further more he released Mr retrial and further more he released Mr CIO<00:15:17.480> so<00:15:17.639> that<00:15:17.759> he<00:15:17.880> could<00:15:18.079> Aid<00:15:18.320> in<00:15:18.440> the CIO so that he could Aid in the CIO so that he could Aid in the preparation<00:15:19.079> of<00:15:19.199> his<00:15:19.360> own<00:15:19.600> defense<00:15:20.079> if<00:15:20.199> the preparation of his own defense if the preparation of his own defense if the prosecution<00:15:21.079> decided<00:15:22.000> to<00:15:22.199> retry

him<00:15:26.519> which<00:15:26.720> they<00:15:26.880> decided<00:15:27.320> not<00:15:27.560> to<00:15:28.560> he<00:15:28.680> is<00:15:28.800> not him which they decided not to he is not him which they decided not to he is not a<00:15:29.199> Freed

Man<00:15:37.720> this<00:15:37.920> is<00:15:38.759> this<00:15:38.880> is<00:15:39.160> him<00:15:39.560> embracing<00:15:40.319> his<00:15:40.800> uh Man this is this is him embracing his uh Man this is this is him embracing his uh grandmother-in-law grandmother-in-law grandmother-in-law he<00:15:43.560> his<00:15:43.720> girlfriend<00:15:44.120> was<00:15:44.279> pregnant<00:15:44.680> when<00:15:44.839> he he his girlfriend was pregnant when he he his girlfriend was pregnant when he went<00:15:45.240> to<00:15:45.480> trial<00:15:46.680> right<00:15:47.680> and<00:15:47.880> he<00:15:48.079> they<00:15:48.199> she<00:15:48.360> had went to trial right and he they she had went to trial right and he they she had a<00:15:48.600> little<00:15:48.759> baby a little baby a little baby boy<00:15:50.680> he<00:15:51.000> and<00:15:51.199> his<00:15:51.399> son<00:15:51.639> are<00:15:51.839> both<00:15:52.040> attending boy he and his son are both attending boy he and his son are both attending Cal<00:15:52.720> State<00:15:52.959> Long<00:15:53.160> Beach<00:15:53.480> right<00:15:53.639> now<00:15:53.800> taking

classes classes classes and<00:16:00.759> what<00:16:00.959> does<00:16:01.360> what<00:16:01.519> does<00:16:01.759> this and what does what does this and what does what does this example<00:16:04.279> what's<00:16:04.560> important<00:16:05.000> to<00:16:05.240> keep<00:16:05.440> in<00:16:05.600> mind example what's important to keep in mind example what's important to keep in mind for for for ourselves<00:16:08.680> first<00:16:08.880> of<00:16:09.079> all<00:16:09.519> there's<00:16:09.680> a<00:16:09.959> long ourselves first of all there's a long ourselves first of all there's a long history<00:16:10.600> of<00:16:10.800> antipathy<00:16:11.440> between<00:16:11.880> science<00:16:12.240> and history of antipathy between science and history of antipathy between science and the<00:16:12.560> law<00:16:13.560> in<00:16:13.759> American<00:16:14.199> Juris the law in American Juris the law in American Juris Prudence<00:16:16.160> I<00:16:16.279> could<00:16:16.519> regil<00:16:17.040> you<00:16:17.199> with<00:16:17.480> horror Prudence I could regil you with horror Prudence I could regil you with horror stories<00:16:18.440> of stories of stories of ignorance<00:16:20.399> over<00:16:20.759> Decades<00:16:21.160> of<00:16:21.360> experience<00:16:21.920> as ignorance over Decades of experience as ignorance over Decades of experience as a<00:16:22.160> forensic a forensic a forensic expert<00:16:24.360> of<00:16:24.639> just<00:16:24.880> trying<00:16:25.199> to<00:16:25.440> get<00:16:25.759> science expert of just trying to get science expert of just trying to get science into<00:16:26.600> the<00:16:27.199> courtroom<00:16:28.199> the<00:16:28.360> opposing<00:16:28.959> Council into the courtroom the opposing Council into the courtroom the opposing Council always<00:16:29.959> fight<00:16:30.240> it<00:16:30.360> and<00:16:30.560> oppose always fight it and oppose always fight it and oppose it<00:16:33.759> one<00:16:34.040> suggestion<00:16:34.639> is<00:16:34.839> that<00:16:35.040> all<00:16:35.199> of<00:16:35.319> us it one suggestion is that all of us it one suggestion is that all of us become<00:16:35.959> much<00:16:36.199> more<00:16:36.480> attuned<00:16:37.079> to<00:16:37.279> the become much more attuned to the become much more attuned to the necessity<00:16:38.600> through<00:16:39.279> policy<00:16:40.279> through necessity through policy through necessity through policy through procedures<00:16:42.560> to<00:16:42.800> get<00:16:43.040> more<00:16:43.360> science<00:16:43.720> in<00:16:43.839> the procedures to get more science in the procedures to get more science in the courtroom<00:16:45.160> and<00:16:45.319> I<00:16:45.440> think<00:16:45.639> one<00:16:45.959> large<00:16:46.319> step courtroom and I think one large step courtroom and I think one large step toward<00:16:46.920> that<00:16:47.160> is<00:16:47.360> more<00:16:47.759> requirements<00:16:48.680> with toward that is more requirements with toward that is more requirements with all<00:16:49.120> due<00:16:49.440> respect<00:16:49.920> to<00:16:50.160> the<00:16:50.279> law<00:16:51.040> schools<00:16:52.040> of all due respect to the law schools of all due respect to the law schools of science<00:16:52.880> technology science technology science technology engineering<00:16:55.680> mathematics<00:16:56.680> for<00:16:56.920> anyone<00:16:57.399> going engineering mathematics for anyone going engineering mathematics for anyone going into<00:16:57.920> the<00:16:58.079> law<00:16:58.360> because<00:16:58.560> they<00:16:58.959> become<00:16:59.199> the into the law because they become the into the law because they become the judges<00:17:02.000> think<00:17:02.199> about<00:17:02.480> how<00:17:02.720> we<00:17:03.279> select<00:17:03.720> our judges think about how we select our judges think about how we select our judges<00:17:04.240> in<00:17:04.360> this<00:17:04.559> country<00:17:04.959> it's<00:17:05.240> very judges in this country it's very judges in this country it's very different<00:17:05.839> than<00:17:06.039> most<00:17:06.280> other<00:17:06.640> cultures<00:17:07.640> all different than most other cultures all different than most other cultures all right<00:17:09.000> the<00:17:09.120> other<00:17:09.319> one<00:17:09.439> is<00:17:09.600> I<00:17:09.679> want<00:17:09.760> to<00:17:10.240> suggest right the other one is I want to suggest right the other one is I want to suggest the<00:17:11.439> caution<00:17:11.919> that<00:17:12.120> all<00:17:12.240> of<00:17:12.400> us<00:17:12.600> have<00:17:12.760> to<00:17:12.959> have the caution that all of us have to have the caution that all of us have to have I<00:17:13.439> constantly<00:17:13.799> have<00:17:13.919> to<00:17:14.039> remind<00:17:14.360> myself<00:17:15.360> about I constantly have to remind myself about I constantly have to remind myself about just<00:17:16.520> how<00:17:17.039> accurate<00:17:17.400> are<00:17:17.600> the<00:17:17.760> memories<00:17:18.400> that just how accurate are the memories that just how accurate are the memories that we<00:17:18.880> know<00:17:19.280> are<00:17:20.079> true<00:17:21.079> that<00:17:21.280> we<00:17:21.480> believe we know are true that we believe we know are true that we believe in<00:17:24.679> there<00:17:24.959> is<00:17:25.679> Decades<00:17:26.079> of in there is Decades of in there is Decades of research<00:17:28.000> examples<00:17:28.520> and<00:17:28.919> examples<00:17:29.320> of<00:17:29.520> cases research examples and examples of cases research examples and examples of cases like<00:17:30.520> this<00:17:31.520> where like this where like this where individuals<00:17:33.919> really<00:17:34.400> really<00:17:34.679> believe<00:17:35.080> none individuals really really believe none individuals really really believe none of<00:17:35.360> those<00:17:35.679> teenagers<00:17:36.679> right<00:17:37.080> who<00:17:37.320> identified of those teenagers right who identified of those teenagers right who identified him<00:17:38.440> right<00:17:39.320> thought<00:17:39.640> that<00:17:39.840> they<00:17:39.960> were<00:17:40.160> picking him right thought that they were picking him right thought that they were picking the<00:17:40.679> wrong<00:17:41.039> person<00:17:41.919> none<00:17:42.120> of<00:17:42.240> them<00:17:42.440> thought the wrong person none of them thought the wrong person none of them thought they<00:17:42.799> couldn't<00:17:43.080> see<00:17:43.280> the<00:17:43.440> person's<00:17:44.240> face<00:17:45.240> we they couldn't see the person's face we they couldn't see the person's face we all<00:17:45.679> have<00:17:45.799> to<00:17:45.960> be<00:17:46.160> very<00:17:46.400> careful<00:17:47.200> all<00:17:47.520> our all have to be very careful all our all have to be very careful all our memories<00:17:48.360> are<00:17:48.679> reconstructed memories are reconstructed memories are reconstructed memories<00:17:51.120> they<00:17:51.240> are<00:17:51.440> the<00:17:51.640> product<00:17:52.000> of<00:17:52.160> what<00:17:52.320> we memories they are the product of what we memories they are the product of what we originally<00:17:52.919> experienced<00:17:53.559> and<00:17:54.200> everything originally experienced and everything originally experienced and everything that's<00:17:54.679> happened<00:17:55.240> afterwards<00:17:56.240> their that's happened afterwards their that's happened afterwards their Dynamic<00:17:58.360> they're<00:17:58.559> made<00:17:58.840> valuable<00:17:59.480> they're Dynamic they're made valuable they're Dynamic they're made valuable they're volatile<00:18:00.760> and<00:18:01.000> as<00:18:01.080> a<00:18:01.360> result<00:18:02.240> we<00:18:02.480> all<00:18:02.760> need<00:18:03.000> to volatile and as a result we all need to volatile and as a result we all need to remember<00:18:03.559> to<00:18:03.720> be remember to be remember to be cautious<00:18:06.000> that<00:18:06.240> the<00:18:06.520> accuracy<00:18:07.159> of<00:18:07.280> our cautious that the accuracy of our cautious that the accuracy of our memories<00:18:08.080> is<00:18:08.559> not<00:18:09.000> measured<00:18:09.640> in<00:18:09.919> how<00:18:10.280> Vivid memories is not measured in how Vivid memories is not measured in how Vivid they they they are<00:18:12.799> nor<00:18:13.240> how<00:18:13.640> certain<00:18:14.080> you<00:18:14.280> are<00:18:14.520> that<00:18:14.679> they're are nor how certain you are that they're are nor how certain you are that they're correct<00:18:17.159> thank correct thank correct thank [Applause] [Applause] [Applause] [Music]

you

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