Why armstrong is guilty

Orebia testified and recanted her recantation. She said that she was positive that Armstrong was the person she saw enter and leave Kamps's apartment building three times that night.

Orebia testified that upon seeing Armstrong's head come into view during the first portion of the line-up, she gasped and mentioned to police officers standing with him that Armstrong was the person she saw leaving the murder scene. Orebia also stated that she realized that two line-up participants, including the first participant, were wearing shoulder-length wigs and mentioned that observation to the officers standing nearby.

Orebia testified that the police told her that they had a man in custody who would be in the line-up, however, the police also instructed Orebia not to pick anyone unless she was sure. Orebia testified that the statements she gave on 5 and 10, , were purposely untruthful, told as deliberate lies to undermine her credibility as a witness and to hopefully result in her withdrawal as a witness.

Armstrong presented Dr. John Fournier, an ophthalmologist, to refute the ability of Orebia to make certain observations. Fournier measured the distances and lighting conditions from Orebia's vantage point on her porch to the route of the person she observed. Armstrong also presented the testimony of Dr. John F. Kihlstrom, a psychology professor who testified to the effects of hypnosis on memory. Kihlstrom stated that hypnosis could be used to access memories that are not ordinarily memorable in the wakened state, but the hypnotist also runs an equal risk of confabulation.

Kihlstrom stated that precautions to limit the introduction of inadvertent suggestion include keeping the hypnotist blind to the facts of the case, and to conduct the session out of the presence of an investigator who could suggest particular views. Kihlstrom presented excerpts from the videotaped session between McKinley and Orebia.

Kihlstrom noted that Lombardo was in the room during the session, and that Orebia initially described the suspect as being 5 feet, 3 inches to 5 feet 5 inches tall, but McKinley suggestively inquired about a height of 6 feet tall until Orebia agreed with that height.

Armstrong was 6 feet, 2 inches tall. Armstrong was convicted by a jury on March 24, and sentenced to life plus 16 years in prison. After DNA testing became available as a means of proving innocence, Armstrong began petitioning for testing of the evidence in the case. However, a judge ruled that the evidence would not have changed the verdict.

Before Armstrong could be retried, however, defense lawyers sought to dismiss the case entirely. As a result, the evidence was consumed and was unavailable for testing by the defense. Rogers has—er—not been able to carry on this morning…. Let us start our breakfast. The eggs will be cold. Afterwards, there are several matters I want to discuss with you all. What risk was there?

Armstrong was in a pitiable condition of nerves. He twitched and his hands shook. He lighted cigarette after cigarette and stubbed them out almost immediately. The forced inaction of their position seemed to gall him more than the others. There must be something—surely, surely there is something that we can do? According to my plan I should shortly need an ally.

I selected Dr. Armstrong for that part. About Us. B2B Publishing. Business Visionaries. Hot Property. Times Events. Times Store. Ralph Armstrong told police that he had used cocaine with Kamps that night and that the two had been in her apartment alone for a short time around p. Before an identification procedure was conducted, police arranged for the witness to be hypnotized.

A detective and the hypnotist viewed photographs of Armstrong and his car during the videotaped hypnosis session, but the detective testified that the witness did not see the photos. The witness allegedly described the perpetrator as having a long nose and bushy eyebrows, and said the perpetrator was 5 feet 3 inches to 5 feet 5 inches tall.

He changed the height estimate to six feet at the prodding of the hypnotist. Armstrong, who had long, dark hair at the time, is six-feet, two-inches tall. At the advice of his attorney at the time, Armstrong passively resisted what his attorney felt was a rigged lineup, so he went limp during the lineup and had to be carried by two officers. The witness identified Armstrong as the perpetrator, but also pointed out to police that the other participants were clearly wearing wigs.

Armstrong was arrested and charged with raping and killing Kamps. He was tried before a jury in