High court issues warning on value of eyewitnesses

Article, The Associated Press, June 17, 2005

ATLANTA — The Georgia Supreme Court warned state judges Thursday to be careful how they instruct juries about weighing the value of eyewitness identification in criminal trials.

In a 4-3 ruling overturning a Fulton County armed robbery case, the court said witnesses can be unreliable, no matter how strongly they believe they have identified the right person.

‘‘Accordingly, we advise trial courts to refrain from informing jurors they may consider a witness’ level of certainty when instructing them on the factors that may be considered in deciding the reliability of that identification,’’ the court said.

The ruling came in the case of J. Brodre Brodes, who was convicted of two counts of armed robbery in a Fulton County trial in which the only evidence implicating him was the testimony of the two victims identifying him as the perpetrator.

The victims testified they were ‘‘absolutely certain’’ of their identification.

The trial judge instructed the jury that it could consider a witness’ level of certainty.

The ruling orders the sentence overturned and a new trial held.