Mistaken eyewitness identification is one of the leading causes of wrongful convictions in America. Memory is not a video recording — it is fragile, malleable, and easily distorted by stress, brief exposure, cross-racial identification, and, above all, suggestive police procedures. When the State's case rests on someone pointing across a courtroom, challenging the reliability of that identification can be the whole ballgame.
If you or a loved one has been identified as a suspect in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.
Why Eyewitnesses Get It Wrong
| Factor | Why it undermines reliability |
|---|---|
| Stress & weapon focus | High stress and a visible weapon narrow attention away from the face |
| Brief or poor exposure | Short glimpses, distance, and poor lighting degrade memory |
| Cross-racial identification | People are measurably less accurate identifying other races |
| Suggestive procedures | Lineups and showups can steer a witness to the police's suspect |
| Post-event information | Later comments and repeated viewings contaminate the memory |
How We Challenge an Identification
- Motion to suppress. We move to exclude identifications produced by unnecessarily suggestive procedures.
- Attacking the procedure. We examine whether the agency followed Texas's required written lineup policies — blind administration, proper fillers, and cautionary instructions.
- Expert testimony. We present qualified experts on the science of memory and misidentification.
- Cross-examination. We probe the conditions of the observation, the witness's certainty over time, and any contaminating influences.
- Alibi and corroboration. We develop alibi and highlight the absence of physical evidence tying you to the offense.
A confident witness is not necessarily a correct one — and confidence often grows after the fact, through feedback and repetition. Juries need to understand that, and part of our job is making sure they do.
Related Pages
Why HCDA
Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who understand how identifications are obtained — and how often they are wrong. If you believe you have been misidentified in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.