Police in Oregon, USA, are facing controversy after digitally altering a suspect's mugshot before showing it to witnesses, prompting concerns about the reliability of eyewitness identification. The American Civil Liberties Union (ACLU) has described the case as raising 'big questions' about how many people may have been falsely identified due to such practices.
Tyrone Lamont Allen was suspected of robbing four banks in 2017, dubbed the 'Foul Mouth Bandit'. Witnesses described a middle-aged black man wearing a hoodie, baseball cap and sunglasses, but did not mention tattoos. However, Allen has distinctive facial tattoos, including one above each eyebrow.
Police used Photoshop to remove Allen's tattoos from his booking photo before including it in a photo array shown to witnesses. Detective Brett Hawkinson, who ordered the alteration, argued that it was meant to prevent Allen from 'standing out' and distracting witnesses. Forensic criminalist Mark Weber testified that he routinely made such changes.
Allen's lawyer, Mark Ahlenmeyer, has filed a motion to suppress the witness identifications, warning of a 'slippery slope' with advancing technology. A federal judge in Oregon is now considering whether the altered photo invalidates the identification, a decision that could set a precedent.
The US Justice Department's 2017 memo advises law enforcement to document any photo alterations, but in this case, no records were kept. Mat dos Santos, legal director of the ACLU in Oregon, argued that if a photo lineup cannot be conducted properly, it should not be altered rather than risking false identification.
