United States v. Alexander

816 F.2d 164 (5th Cir. 1987)

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Nature of the Case

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Facts

Victor Alexander (D) was accused of robbing a Savings and Loan in New Orleans. The cameras and still photos from the robbery revealed the perpetrator to be a tall, heavy-set man with a large nose, dark hair, a beard and mustache, and an olive complexion. The F.B.I. was in charge of the investigation. An undisclosed person eventually identified the robber as D, a physician who had an office a few blocks away. Mug shots were shown to bank employees who identified D as the robber. When taken into custody, D claimed the matter was one of mistaken identity. No other physical evidence was ever recovered connecting D to the robbery. Testimony at trial centered on the identification of D as the robber. D called two experts, but their testimony was excluded by an in limine motion finding that there was no need for expert testimony. They were to testify on how easy it was for a jury to be misled by superficial resemblance and that in no way could D be the bank robber. D was convicted and appealed.