Post-conviction motion

Challenging Old Convictions Based on Eyewitness Identification

Attorney Wood recently co-authored an amicus brief for the Massachusetts Association of Criminal Defense Lawyers in coalition with the Committee for Public Counsel Services, the New England Innocence Project, and the Innocence Project about the admissibility of eyewitness identification expert testimony in post-conviction challenges. Many Massachusetts defendants were tried at a time when social science had discovered several factors that affect the reliability of eye-witness testimony but Massachusetts courts were still regularly excluding expert testimony on such research. MACDL hopes this case will clarify that defendants convicted based in part on eye-witness testimony must be given an opportunity to challenge the reliability of that testimony in post conviction proceedings through such expert testimony.