People v. Lerma

Eduardo Lerma (defendant), sometimes known as Lucky, allegedly shot and killed Jason Gill. Lydia Clark witnessed the shooting and stated that there was little to no lighting and that the shooter might have had his hood up. The shooter had approached Gill with the gun drawn, and Clark, who was standing next to Gill, feared for her safety. Gill shielded Clark with his body and was shot. Clark later identified Lerma as the shooter. Lerma was alone in his cell when Clark identified him at the station. Clark had seen Lerma a few times on the porch across the street but had not conversed or interacted with him. Clark and Gill’s father both testified that while wounded, Gill identified Lucky (that is, Lerma) as the shooter before Gill’s death. Lerma was charged with first-degree murder. Prior to trial, Lerma moved to admit an expert witness to testify on the unreliability of eyewitness identification. The trial court found that because Gill, Clark, and Lerma were acquaintances, expert testimony on eyewitness identification was unnecessary. The court stated that eyewitnesses were less likely to misidentify an acquaintance. During trial, Lerma moved to admit a new expert witness, Dr. Geoffrey Loftus, who would testify about the unreliability of eyewitness testimony, specifically in cases in which the witnesses were acquaintances of the suspect. Loftus’s anticipated testimony stated that if the circumstances made it hard for the witness to see and fostered a witness’s expectations to see an acquaintance, the witness was more likely to perceive the expected acquaintance than someone else. Loftus identified low lighting, high stress, obstructed views, and fear of safety as factors that reduced witness perception. The trial court denied the motion for testimony, citing its earlier reasoning. Lerma was convicted and appealed to the Illinois Appellate Court, claiming that the district court erroneously denied his motion to include Loftus’s testimony at trial.