Author: Jules Epstein

Dontia Patterson –Innocence or Injustice?

The May 16 news report that the Philadelphia District Attorney’s Office has dropped charges against Dontia Patterson (http://www.philly.com/philly/news/crime/judge-approves-philly-das-request-clears-man-of-murder-after-11-years-behind-bars-20180516.html ) because he was wrongfully convicted and is actually innocent prompted a retort from the original prosecutor that this is a “horrific travesty of justice.”  The case raised claims of actual innocence and of the failure to reveal to the defense information in the police file of an alternative suspect. I write here not to address the latter but to respond to the claim that this is a travesty of justice and that the conviction is valid because the case against Patterson “was not weak” and  two witnesses identified him.  What the prosecutor omitted is that neither witness could actually see the face of the shooter. How can this be, and how could a jury have convicted in such circumstances?  I was asked by the Pennsylvania Innocence Project to review Mr. Patterson’s case to see whether, based on the science of eyewitness perception and memory, it was possible that an innocent man had been convicted.  In a case …