Expert: Robin Sexton - 4/14/2008

Question
1./  victim sole witness unable to positively id suspect ( myself ) in an in field show up that i agreed to willingly & co-operatively

2./  police arbitrarily conclude any way that i'm the perp & tell me they will foreward to the DA anyway then let me go

3./ police did so after discovering I have a similiar conviction 6 years back
lude conduct

4./ victim alleges indescent exposure & masterbation for her benefit

5./ description supposedly matched me

6./ victim says she cannot be 100 % certain / sure because her vision was blocked / hampered & constricted by distance & direct sunlight in her eyes

7./ this was wedens apr. 4-9-08

8./ what can i do now before this excelarates / escaletes into something more


Answer
William,

Witness identification is usually pretty poor evidence either way.  Most investigators would almost rather not have an "eye witness's" because of the problems with accuracy.
  Assuming that you are not the suspect hopefully the officers will check into any statements you made, where you actually were at the time of the incident, any other potential suspects in the area.  Even though you are not required to defend yourself on the charge it may ultimately come to that.
  One common tool is a polygraph examination.  IF you are NOT involved in the incident the polygraph would prove that.  DO NOT take a test if you are involved as this will pretty much confirm it to the police.  Although the test and its results are not admissible most police and prosecutors hold it high regard when it comes to charging or not charging.
   Unfortunately there is not much you can do.  The investigation needs to take its course.  The officers based on the witness testimony, your prior history and any other information or evidence they may have could submit for a complaint and warrant.  If granted at that time you would be subject to arrest.  Consulting with an attorney prior to that time would not be a bad idea.


Good Luck


Robin