USA: Murder trial due to use of facial recognition about to end

In Cleveland, the suspect in a murder trial was only identified thanks to AI facial recognition. Now not all the evidence can be used.

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Justice

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3 min. read

In the USA, a court case against the only suspect in a murder case is about to be dropped because the police used AI-supported facial recognition during the investigation without making this transparent. This was reported by The Plain Dealer from Cleveland in the US state of Ohio, where the case is being heard. According to the report, a search of the defendant's home was authorized by a judge who was not informed that the evidence about the man came solely from the facial recognition software. At the same time, this software is distributed with the clear indication that its results cannot be introduced as evidence in court.

As the newspaper explains, the trial is actually intended to clarify who robbed a man on the street in Cleveland on February 14, 2024 and injured him so seriously with two shots that the victim died at home shortly afterwards. In the days that followed, the law enforcement authorities were in the dark, although the perpetrator was filmed by a surveillance camera. However, the quality of this recording was too poor for identification. However, a 23-year-old man was then observed live by the police while shopping thanks to a surveillance camera, and they thought they recognized a resemblance to the perpetrator.

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As a result, a copy of the recording from the supermarket was sent to a special law enforcement agency to identify the shopper. There, facial recognition was then carried out using the controversial Clearview AI technology and a report was sent back to the investigators. According to the report, two of the eight photos discovered by the AI showed a person whose home had been the subject of a search warrant. However, the judge in charge was not told how this person's name had been found and that the AI software had spit out six more photos that were apparently not followed up on. Among other things, a pistol was then seized in the searched house.

A few days ago, the judge in charge of the trial against the suspect ruled that objects seized as part of this search are not admissible in court. According to the newspaper report, this mainly concerns the pistol. The judge therefore followed the arguments of the defense that these were confiscated unlawfully. It was also a problem for the prosecution that a police officer and a policewoman testified that they had not received any training in handling AI. The prosecution has appealed against the decision, the newspaper writes. If this fails, a conviction of the only suspect would be almost impossible, the newspaper has already admitted.

(mho)

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This article was originally published in German. It was translated with technical assistance and editorially reviewed before publication.