Copyright (c) 2012 Loyola University New Orleans College of Law
Loyola Law Review
COMMENT: REACHING PAST FINGERTIPS WITH FORENSIC NEUROIMAGING - NON-"TESTIMONIAL" EVIDENCE EXCEEDING THE FIFTH AMENDMENT'S GRASP
Loyola Law Review
58 Loy. L. Rev. 213
Aaron J. Hurd
"A new scientific truth does not triumph by convincing its opponents and making them see the light, but rather because its opponents eventually die and a new generation grows up that is familiar with it." 1
It was a summer night in 1977 when retired-Captain John Schweer was murdered. 2 He was working security at a car dealership in Council Bluffs, Iowa, and earlier that day, had called the police to report a man carrying what he thought was a rifle. 3 He also reported that the man had a dog with him. There was no effort made to identify this man, and as a result, law enforcement had no leads when they found shotgun shells and two sets of footprints near Schweer's body - one set clearly a dog's. 4
Days later, frustrated officials contacted sixteen-year-old Kevin Hughes, a known member of a local "car theft ring" with charges pending. 5 A district attorney then took Kevin to the crime scene and explained that there was a five-thousand-dollar reward and a guaranteed release from charges for him if he could name the culprit. 6 Kevin did just that, calling out one delinquent after another. After two suspects provided solid alibis, he named seventeen-year-old Terry Harrington. 7
One year later, Terry Harrington was put on trial. 8 The State's case rested on the shoulders of Kevin Hughes, who gave in-depth testimony about how Harrington had killed Captain Schweer. 9 Kevin's friends corroborated the testimony. 10 Harrington's defense, also ...
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