Bias as a Sin of Memory: Ronald Cotton as a Rapist

In the mid 80s, a black 22 year old named Ronald Cotton was convicted of raping a woman named Jennifer Thompson. Cotton spent almost 11 years in jail before the true rapist- Bobby Poole- was discovered.

How did this happen?:
Thompson was a college students living on her own in North Carolina when a man entered her home one night. The rapist made sure that the lights were turned off so Thompson could not identify or remember him later. However, during the course of the night Thompson decided that she would piece together the features of his face and study him as much as possible so that if she did escape she would know who her rapist was. Thompson escaped.

After producing a sketch of her perpetrator, Thompson was asked to pick him out of a photo line-up where she identified Cotton immediately. Thompson was then asked to identify him in an actual line-up where she chose Cotton again.

The picture to the left displays Cotton (who was sent to jail) and Poole (who was later convicted).

While in jail, Cotton came across Poole who was serving multiple life sentences. Poole began bragging about how he was the one who raped Thompson and Cotton was the one paying for it. DNA testing would later prove Cotton's innocence.

Psychological component:
Bias as a sin of memory* made it unable for Thompson to see Cotton as anything but her rapist. After identifying Cotton as her murderer, Thompson's memory did not allow her to be open to other possibilities.

Things to know:
-Eyewitnesses are wrong about a third of the time
-Juries tend to over believe eyewitness testimony

*Bias as a sin of memory: rewriting a past memory under the influence of present knowledge and beliefs

Sources:
-my psychology and law professor Ellsworth Fersch
-Adam Liptak (things to know)
-Schacter, The Seven Sins of Memory: How the Mind Forgets and Remembers (2001) (psychological component)