Denson's trial is scheduled to begin Oct. 3.
Eric B. Denson.NORTHAMPTON - The judge in the murder trial of Eric B. Denson ruled Tuesday that the defense cannot call an expert on eyewitness reliability to testify on a motion to suppress evidence from a dozen witnesses who identified Denson as the person who stabbed Cathedral High School soccer star Conor W. Reynolds to death.
Reynolds, 18, died from the stab wounds he suffered during a private party at the Springfield nightclub Blue Fusion on March 13, 2010. Most of the dozen witnesses the defense is calling into question were young people who did not pick Denson’s photograph out from among hundreds shown them by police. They did, however, identify him from his clothing after being shown a surveillance photograph from a nearby gas station in which the person’s face cannot be clearly seen.
Tuesday’s hearing before Judge Peter A. Velis in Hampshire Superior Court was scheduled to determine if Prof. Steven D. Penrod may testify at the motion to suppress hearing next month, which is expected to last a week. Penrod, a psychology professor at John Jay College of Criminal Justice in New York, has done extensive research on witness identification and has testified at other trials in which the identification of the suspect has been called into question.
Under direct examination by defense lawyer Harry Miles, Penrod told Velis that the science of witness identification has mushroomed since the 1970s as research into the subject has increased. According to Penrod, a study of 260-270 cases in which DNA evidences has reversed a conviction shows that erroneous identification led to 70-75 percent of those false guilty findings.
Among the causes of misidentification, Penrod said, are “unconscious transference,” in which the witness confuses the roles people play in a crime, and “bystander error,” in which an innocent bystander is identified as the perpetrator. Stress, disguise and race can also play a role in erroneous identifications, he said. Denson is black.
In this case, witnesses were shown the gas station photo without any accompanying photographs of similarly dressed people. Penrod said these so-called “show ups” involving a single suspect result in twice as many misidentifications.
Hampden District Attorney Mark G. Mastroianni argued that, while Penrod may make these points at trial, his research has no bearing on the motion to suppress because Velis must decide only if police influenced the identifications by making impermissible suggestions to the witnesses. Although Miles argued that the lack of context surrounding the gas station photo satisfied that standard, Velis ruled otherwise.
“There are no reliable studies about that,” the judge said, adding that the defense retains the option of calling Penrod at trial.
Velis expressed some dismay when Miles told him he might request that the hearing on the motion to suppress, which is scheduled to begin Aug. 8, be spilt into two parts because he has been unable to subpoena all the witnesses. Noting that the trial is set to begin on Oct. 3 and could last as long as a month, Velis said he wants to avoid any delays.
“We’re going to be strict about the trial starting on time,” he said.
Mastroianni told the judge that some of the witnesses are now college students who attend school out of state. He said he would use his influence to gather them all for the next hearing.
“I’ll just about guarantee I’ll have those people there,” he said.
Mastroianni estimated he will call 20-30 witnesses at the trial. Miles told Velis he will have about 20, including experts on video, blood spatter and pathology.
Blue Fusion is now closed. Police estimate that 200 people attended the 2010 private birthday party for another student. Springfield officials have said the club lacked licenses and permits for entertainment, food and beverages.
According to police, Reynolds was stabbed while trying to break up a fight at the party. Denson, 20, of 1026 Carew St., is charged with murder in connection with Reynold’s death. He also faces charges of assault and battery by means of a dangerous weapon involving Reynolds and the stabbing of another Cathedral student, Peter D’Amario, who was wounded during the altercation.