WIDENER UNIVERSITY SCHOOL OF LAW VOLUME 14 NUMBER 1 SPRING 07 Guilty as charged? Mistaken identity, science, and criminal law The technology of surveillance Twelve years of service from the Criminal Defense Clinic Mistaken eyewitness identification and wrongful convictions WIDENER UNIVERSITY SCHOOL OF LAW VOLUME14 NUMBER1 SPRING 07 Widener University School of Law Board of Overseers Eugene D. McGurk, Esq. ’78, Chair Associate Provost and Dean, Linda L. Ammons, Ex Officio Steven P. Barsamian, Esq. ’75, Ex Officio C. Grainger Bowman, Esq. The Honorable M. Jane Brady The Honorable Peter John Daley II ’93 Michael G. DeFino, Esq. ’75 The Honorable Susan C. Del Pesco ’75 Jeff Foreman, Esq. ’94 Geoffrey Gamble, Esq. Jacqueline G. Goodwin, EdD The Honorable Philip A. Gruccio Vice Dean Russell A. Hakes, Ex Officio President JamesT. Harris III, DEd, Ex Officio Richard K. Herrmann, Esq. Justice Randy J. Holland Andrew McK. Jefferson, Esq. ’93 Peter M. Mattoon, Esq. Kathleen W. McNicholas, MD, JD ’06 George K. Miller Jr., Esq. ’81 The Honorable Charles P. Mirarchi Jr. The Honorable Donald F. Parsons Jr. Joanne Phillips, Esq. ’87 Vice Dean Loren D. Prescott Jr., Ex Officio Widener University School of Law Magazine Thomas L. Sager, Esq. Published by the Office of University Relations The HonorableThomas G. Saylor John F. Schmutz, Esq. Executive Editor: Lou Anne Bulik Susan E. Schwab, Esq. ’92 Editor: Debra Goldberg The Honorable Gregory M. Sleet Contributing Writers: Mary Allen, Jules Epstein, Debra Goldberg, The Honorable Lee A. Solomon ’78 Russell Hakes, Stephen Henderson, Rosemary Pall, Loren Jack M. Stover, Esq. Prescott, Judith Ritter, Sandy Smith, Leonard Sosnov Donald P.Walsh, Esq. Photography: Mary Allen, Ashley Barton, Jim Graham, The Honorable JosephT.Walsh Rosemary Pall, Nancy Ravert-Ward John A. Wetzel, Esq. ’75 Magazine Advisory Board: Mary Allen, Linda L. Ammons, Lou Anne Bulik, Paula Garrison, Debra Goldberg, Michael Goldberg, Susan Goldberg, Russell Hakes, Deborah McCreery, John Nivala, Rosemary Pall, Loren Prescott, Liz Simcox, Constance Sweeney Contents 28 Delaware Supreme Court Hears Arguments at Widener Law Innocent and Found Guilty How can we prevent wrongful convictions? 4 The Widener Law Criminal Defense Clinic: 2 Dean’s Message TwelveYears of Making a Difference 6 18 Faculty Publications 22 Faculty News 27 Legal Briefs CRIMINALLAW/LITIGATION 32 Alumni Impact 38 Success Stories 46 Alumni Events 50 Class Notes TheTechnology of Surveillance: Will the Supreme Court’s Expectations Ever Resemble Society’s? 10 I’ll Never ForgetThat Face (But I Might Not Remember It Accurately) 14 Mistaken eyewitness identification testimony Selma Hayman ’86, 13 Giving Back to Widener Law WIDENER LAW 1 A message from the dean “The highlight DEARALUMNIANDFRIENDS: My first year as your new dean has been rewarding and filled with activity here at the Law School. As you will discover as you read this issue of the of my first magazine, Widener Law is executing its vision, which states, in part, “Widener University semester as School of Law aspires to be a synergy of diverse and highly qualified students interacting with dedicated scholars, teachers, and practitioners in a vibrant, student-centered environment.” dean was The theme for this edition is criminal law and litigation. Our resident scholars, Professors Len Sosnov, Jules Epstein, Stephen Henderson, and Judy Ritter, provide informative articles participating on topics ranging from mistaken witness identification to how courts are applying the Fourth in the bar Amendment in issues of technology and surveillance. I Our students are getting real-world experience in a variety of forums. Professors Ritter and Arlene Rivera Finklestein’s sojourn swearing-in to New Orleans over winter break with nine Widener-Delaware law students to assist in ceremonies and protecting the rights of the accused is featured. Externs in Harrisburg talk about their experience at the Dauphin County District Attorney and Public Defender offices. David receptions for Sunday, a third-year student on the Harrisburg campus, shares his thoughts about the hundreds of summer he spent as an intern at the United Nations. Our alumni litigators in Philadelphia are also featured, Sharon Caffrey ’87, a partner with Duane Morris; Eugene McGurk ’78, our students a partner at Raynes McCarty; James Golkow ’86, a partner at Cozen O’Connor; Bernard who are now Smalley ’80, a shareholder with Anapol Schwartz; and Larry Bendesky ’87, a shareholder at Saltz, Mongeluzzi, Barrett & Bendesky, talk about their experiences in the courtroom, members of give advice to actors who play lawyers in the movies, and explain what it means to be a Philadelphia lawyer. I There is so much good news; I cannot summarize it all here. the bar in However, read more about the Dean’s Leadership Forum inaugurated this past semester. Pennsylvania, Our first participant was New Jersey alumnus George Miller ’81, a successful attorney in private practice, businessman, and community leader. George packed our Ruby Vale Courtroom on New Jersey, the Delaware campus and spent a riveting hour talking about the difference Widener and Delaware.” made in his life and his subsequent successes, including dealing with none other than Donald Trump. On the Harrisburg campus, U.S. District Court Judge John Jones lectured on his decision in the “intelligent design” case, and Ann Durr Lyon, niece of Justice Hugo Black, and whose parents—along with civil rights activist E.D. Nixon—bailed out Rosa Parks when she was arrested for not giving up her seat on a Montgomery bus, joined us to celebrate Dr. Martin Luther King’s birthday. I After the wonderful official welcoming ceremonies on both campuses last fall attended by so many of you, the highlight of my first semester as dean was participating in the bar swearing-in ceremonies and receptions for hundreds of our students who are now members of the bar in Pennsylvania, New Jersey, and Delaware. There is much more to tell, as you will discover when you read this issue. I Finally, I want to thank all of you who have been so gracious in making my transition to Widener Law so seamless and successful. At Widener Law, we are living our vision, and our best days are yet to come. I DEANLINDAL.AMMONS 2 WIDENER LAW DEARALUMNIANDFRIENDS: WIDENERUNIVERSITY A message from 2007 promises to be a great year for our SCHOOLOFLAWALUMNI the executive law school. Our alumni are establishing ASSOCIATION themselves as leaders in the legal community EXECUTIVECOUNCIL council and reaching new heights of success and Steven P. Barsamian ‘75, achievement. On December 11, the Alumni President of the Year Award was presented to Brian Frank C. DePasquale Jr. ‘86, Preski ’92, former chief of staff to the Vice President Speaker of the Pennsylvania House of Renae B. Axelrod ‘91, Representatives. Brian exemplifies the Secretary success that Widener graduates now achieve. The Outstanding Service Awards DIRECTORS recipients are Yvonne Takvorian Saville ’92 Thomas R. Anapol ‘91 and Scott Blissman ’97, and the Outstanding The Honorable Young Alumni were Robert J. Sanders ’98 Raymond A. Batten ‘79 and William Higgins ’99. It is certainly The Honorable Robert S. Blasi ‘75 gratifying to read what our alumni have Scott E. Blissman ‘97 done in such a short period of time. John F. Brady ‘91 The annual Philadelphia Alumni Michael A. Burns ‘04 Reception took place on March 22 at The Christopher Cabott ‘05 Crystal Tea Room. Over 300 attend this Alumni Association The Honorable annual event, including judges from many Richard M. Cappelli ‘81 benches and counties in the tri-state area. “The campaign to John Cirrinicione, Student If you missed the reception, please join Bar Association President, name the Alfred your fellow alumni next year for this Ex Officio Member fabulous party, which notably excludes Representative Mark B. Cohen ‘93 Avins Special speeches and fundraising, and is all about Bernard G. Conaway ‘89 reuniting with classmates and networking Michael J. D’Aniello ‘83 Collections with colleagues. Anna M. Darpino ‘06 The campaign to name the Alfred Library has The Honorable Avins Special Collections Library has Michael A. Diamond ‘82 now exceeded $200,000, and a dedication now exceeded Brian P. Faulk ‘02 ceremony to name the room in honor of Kenneth D. Federman ‘93 $200,000, and Dean Avins is scheduled for spring 2007. Dean Avins, our founder, deserves this Catherine N. Harrington ‘88 a dedication special recognition since, without his W. Bruce Hemphill ‘84 ceremony to initiative and perseverance, there would be Michael J. Heron ‘03 no Widener University School of Law, nor Damian S. Jackson ‘96 name the room any Widener Law graduates. If you have John F. Kennedy ‘01 not contributed to this campaign, please M. Susan Williams Lewonski ‘98 in honor of do so now, and be sure to attend the spring Kathryn A. Macmillan ‘78 ceremony, which will also mark the seventh Dean Avins is Anne M. Madonia ‘94 anniversary of his passing. Everyone Peter V. Marks Sr. ‘77 associated with Widener Law owes a scheduled for Cecilia M. McCormick ‘91 debt of gratitude to Dean Alfred Avins. Jeffrey W. McDonnell ‘94 Our new dean, Linda Ammons, has spring 2007.” David C. McFadden ‘96 begun to implement her ambitious plans to propel Widener to the forefront of law Frank J. McGovern ‘95 schools, and you can look forward to much Maria C. McLaughlin ‘92 greater visibility for Widener Law. Dean James F. Metka ‘80 Ammons brings her remarkable energy and The Honorable talent to the helm of the law school, and Paul P. Panepinto ‘76 we are already enjoying the fruits of her Jonathan E. Peri ‘99 efforts. Her ability to connect with the Dr. Stephen R. Permut ‘85 administration, faculty, students, and alumni GeorgeT. Ragsdale III ‘92 is invaluable in creating a unified and Larry S.