Police ID line-up weighted unfairly
Saturday 27 August 2011
A man from New York has had his conviction for robbery overturned because the line-up in which he was identified did not include any other 400lb men.
Eric Kenley, 48, was charged with two counts of robbery in Lower Manhattan in 2007 after being identified as the getaway driver in both incidents. But a New York appeals court has overturned the ruling, upholding Mr Kenley's complaint that none of the other men in the police line-up with him were anywhere near his 28-stone (181kg) size. "Although the fillers were large men, there was a very noticeable weight difference between defendant and the fillers," the ruling said.
"While the line-up participants were seated, and this can sometimes satisfactorily minimise differences in weight, it is clear from the photo that there was a marked difference between defendant and the fillers." And that difference was too big for the appeals court to overlook.
Mr Kenley will now face re-trials for both convictions.
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