Jeffrey Wogenstahl’s evidentiary hearing concluded for the week on Friday, October 18. It will continue at a later date, when more witnesses will be available.

On Friday (Day 4) a psychologist specializing in attention, perception and memory testified about the problems with eyewitness testimony in Jeff’s case. Police relied too heavily on witnesses who said they glimpsed someone in unfavorable light and viewing conditions; and they failed to follow recommended procedures during photo arrays and identification lineups.

This expert’s report on Jeff’s case is described here, and can be read here.

Jeff’s attorney, Sarah Gelsomino, later said that information from the Indiana State police, which became available to Jeff’s defense team only weeks ago, impugns each of the eyewitness statements.

Jeff’s attorneys also highlighted discrepancies between Eric Horn’s original statement to police and his court testimony. According to Indiana Police supplemental police reports, which have been made available to Jeff’s attorneys only in the last few weeks, when Eric returned from Beard’s house:
“Eric looks into the bedroom, but does not check on each child individually, and closes the door. Eric goes back to watching television.”
There is no mention here of Eric noticing that Amber was missing.
At trial, however, Eric stated that when he looked in the bedroom he saw that Amber was not there.

As this week ends, our thoughts are especially with Amber Garrett’s father, who has been struggling with the information presented in court. As Gelsomino says,
“The victims of crimes are victims of wrongful convictions, for sure, because now 30 years later this poor family has to relive all of this.”

N.B. The paragraph about Eric Horn has been amended in the light of more accurate information becoming available.