STATE OF LOUISIANA IN THE INTEREST OF L.R. Vs. .
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STATE OF LOUISIANA IN THE INTEREST OF L.R. . * NO. 2019-CA-0843 * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* LOMBARD, J., CONCURS IN RESULT WITH THE REASONS SET FORTH BY J. BROWN AND ASSIGNS ADDITIONAL REASONS, In light of the increasing evidence undermining the reliability of eyewitness testimony, this case concerns me: (1) there is no physical evidence connecting the juvenile to the crime; (2) the incident occurred in the dark of night; DNA potentially connected to the perpetrator was gathered by the police, but was never tested; (3) two eyewitnesses to the crime identified different people as the perpetrator in photographic line-ups presented to them immediately after the incident; (4) the conflict in identification was resolved only when, contrary to his initial identification of someone else in a photographic line-up, one of the witnesses identified L.R - the sole juvenile in the courtroom and sitting next to his counsel – as the perpetrator. Nonetheless, because our current jurisprudence holds that the identification by one eyewitness constitutes sufficient evidence, I concur in the result.
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