Analysis of 4 witnesses - what was Luke wearing at the end of his street?
What was Luke wearing around 6pm at the end of his street?
The particular eyewitness descriptions being analysed in this blog relate to what Luke was wearing when seen at the end of his street on June 30th 2003, after Police believe the murder had been committed. The intention is to look at some known facts about eyewitness testimony and take this in to account when trying to decide whether any of the accounts are reliable, or which might be most reliable. It is my interpretation and analysis and you are welcome to come to your own conclusion.
Many people believe Luke was wearing his green bomber jacket with orange lining when he was waiting at the end of his street, around 6pm. The same green bomber jacket he had been wearing at school and was wearing later that evening when Jodi's body was found. This would suggest he had not changed through-out the day and would in turn make it appear less likely that he had committed the murder. When checked at the Police station in the early hours of July 1st 2003, no blood from Jodi Jones was found on Luke or his clothing.
But was he wearing the green bomber jacket with orange lining at 6pm?
This blog intends to look at eyewitness testimony from 4 different witnesses who saw Luke Mitchell/a person resembling Luke Mitchell at around 6pm on Monday 30th June, standing near the entrance to his street at Newbattle Abbey crescent. This blog will analyse the reliability of the evidence based on variables provided in the transcripts and statements within the transcripts.
These witnesses didn't have to identify Luke in a line-up - they aren't identifying him because they viewed him at the crime scene, they are confirming that it was Luke Mitchell they saw at around 6pm. The prosecution believed Luke was putting an alibi in place by saying he was waiting for Jodi, when they alleged, he knew she was already dead. Of the 4 witnesses, 3 identified him in court and 1 said he was very very similar to the boy she saw. She gave a very similar description to one of the other witnesses. Two of the witnesses knew Luke prior to seeing him that evening.
The descriptions
Witness number 1: Andrew Holburn
When did he provide his first statement? 9th July 2003
What did he see? Holburn was with his two friends, Grant Elliot and Dean houston. They were all on bikes. They were cycling together when they passed Luke Mitchell standing at the entrance to his street (Newbattle Abbey crescent). One of the boys said hi to Luke and confirmed that it was Luke Mitchell to Holburn.
Where did he see it? The opening to Newbattle Abbey Crescent
What was the time? Around 5 to 5, or 6pm
What did he describe Luke wearing?
"Dark blue baggy jeans and a dark green shirt, it was definitely a shirt not a jacket. I think it was buttoned-up and I couldn't see anything underneath it. It was down to the waist of his jeans and baggy. I think it had a breast pocket on it but I don't know what kind" - 9th July
He also described this top as "just past the waist"
Other points to note: This witness did not know Luke Mitchell, but the other two boys that he was with, Grant Ellliot and Dean Houston, did. Holburn is shown a photograph of a green bomber jacket with orange lining and said that this was not the jacket Luke Mitchell was wearing. This witness did identify Luke in court as the individual he saw that day.
Link to transcript https://lukemitchelltrialtranscripts.blogspot.com/2023/12/andrew-holburn-one-of-three-witnesses.html
Witness number 2: Carol Heatlie
When did she provide her first statement? 3rd July 2003
What did she see? Carol Heatlie was driving in the area after work, with the aim of returning a video tape to the shop, when she passed Newbattle Abbey Crescent. She saw a boy "very quickly" step back in to drive way, when he saw her car approaching. "I'm sure he saw me looking at him and he kind of held his head down to the side". Between sort of 15-17 kind of age. Longish hair, collar length, long at the sides.
Witness said she slowed down when she saw the boy.
Where did she see it? The opening to Newbattle Abbey Crescent
What was the time? Around 5 past 6pm
What did she describe the boy she saw wearing?
First statement: "He had dirty blonde hair, collar length. He was wearing baggy clothes, a waist length jacket, loose style or baggy, khaki green coloured".
And another statement:
"The jacket was a khaki green colour and baggy. I got the impression it was more like a baggy sweat top." She described it as "thigh length"
Other points to note: When shown a photograph of the bomber jacket, this witness said "That's the one thing I was certain that it was not".
During the Crown's closing speech, the Advocate Depute stated, in regards to this witness: "She saw a young man who we know was Luke Mitchell. His own explanation is he was there."
Link to transcript: https://lukemitchelltrialtranscripts.blogspot.com/2023/12/carol-heatlie-witness-testimony-02122004.html
Witness number 3: Dean Houston
When did he provide his first statement? 3rd July 2003
What did he see? Cycling past with Andrew Holburn and Grant Elliot. Thinks he said hello to Luke as they passed. Luke was leaning against a wall. The witness is sure Luke was on his phone.
Where did he see it? The opening to Newbattle Abbey Crescent
What was the time? Around 5 to 5, or 6pm
What did he describe Luke Mitchell wearing?
The witness described Luke wearing "green jacket, waist kinda height".
At the trial, he is shown photograph number 9 - the green bomber jacket with orange lining. Asked when how it compared to what Luke was wearing, he said "I would say that was what he was wearing."
Other points to note: The witness was asked whether he had discussed anything with Grant Elliot in terms of what Luke had been wearing, before his first statement was taken. He replied "yes". He was asked whether it was possible that the boys could have got confused by discussing things, about the fact they regularly saw Luke wearing his bomber jacket at school. The witness replies "yes"
Link to transcript: https://lukemitchelltrialtranscripts.blogspot.com/2024/08/dean-houston-and-grant-elliot-2122004.html
Witness number 4: Grant Elliot
When did he provide his first statement? 3rd July 2003
What did he see? Witness was Cycling past with Andrew Holburn and Dean Houston. Luke was just standing there
Where did he see it? The opening to Newbattle Abbey Crescent
What was the time? Around 5 to 5, or 6pm
What did he describe Luke Mitchell wearing?
The witness did told Police in his first statement that he thought Luke had a dark shirt on underneath the jacket and that it was a green baggy bomber jacket.
Said at trial: A green jacket, dark coloured jeans, like combat trousers. A puffa jacket. It had orange lining inside. "I would describe it as a bomber jacket".
Other points to note: The witness agrees that he has often seen Luke wearing this jacket at school. This witness also agrees that it's possible that he has become confused with what Luke regularly wore to school. He said he had discussed the sighting with Houston but could not remember if they each discussed what Luke had been wearing.
Link to transcript: https://lukemitchelltrialtranscripts.blogspot.com/2024/08/dean-houston-and-grant-elliot-2122004.html
The analysis
Again, Luke is not being described at the crime scene by the witnesses, but many of the same psychological factors that apply to eyewitness accounts in general, will still apply.
The innocence project (a US based organisation) states that Nationwide, around 75% of DNA based exonerations included erroneous eyewitness testimony.
Studies in to human memory and witness identification show that we are easily influenced by various factors, including stress, suggestibility, estimator variables (factors that are out of the control of the witness, such as lighting and duration viewing the perpetrator or person in question), age, sex, verbal overshadowing, inattentional blindness, and system variables (how witnesses are questioned etc.)
There have been focused studies on the effects of co-witnessing, unconscious transference, false memories and suggestibility when it comes to eye witness testimony. It is a well observed fact that when witnesses discuss events, they are more likely to take on the account from the other person and incorporate it in to their own memory of the event. According to the open university (Forensic psychology short course):
- Co-witnessing – allowing witnesses to talk to one another, including interviewing them together, will lead to considerable convergence in their testimonies. Witnesses can form a memory of something happening from listening and talking to another witness. So, consistency in testimony is to be expected if the witnesses have had a chance to share memories. Such consistency should not be seen as confirming the facts reported.
Carol Heatlie and Andrew Holburn, however, despite not knowing each other, both gave very similar descriptions and described a long green top, and both said that it was not a green bomber jacket with orange lining.
Neither of those witnesses had seen any photographs of Luke Mitchell in the press, or knew him previously, unlike Houston and Elliot who knew him from school and were able to describe what he generally wore to school.
Heatlie and Holburn also could not have known that Luke would buy a long green jacket on July 9th, before being photographed wearing it on August 15th in the paper. Luke was unaware of any witness descriptions of him wearing a long green top - and also said that he had never previously owned anything like it. Is this just a huge coincidence?
Bearing in mind that certainty in eyewitness testimony is viewed as more of a personality measure, than an accuracy measure, Andrew Holburn seemed pretty confident that it was definitely a shirt, not a jacket. Put his description side by side with Carol Heatlie's description however, and they have commonalities in the colour, baggyness and length. Two witnesses who did not know each other, or Luke Mitchell, or discuss what they had seen, described something very similar. Carol Heatlie also described a hair style style and colour that was a fair match for Luke at the time.
Carol Heatlie did not identify Luke Mitchell in court, but she did say that he looked very, very similar. Is it a massive coincidence that she saw a boy fitting the description of Luke Mitchell - the hair colour, length, age, the green baggy top, in the exact location that Luke Mitchell himself said that he was and at the time he not only said he was there, but that other witnesses were able to attest to? Or is the logical conclusion, that she saw Luke Mitchell?
Is it just a coincidence that two witnesses who did not know each other described a very similar top; green, baggy, that went to below waist length (the witnesses did not give an identical description of length, but both said below waist) and that were both confident that it was not the orange lined bomber jacket?
Houston and Elliot described the same jacket but had discussed the sighting and both agreed their memory could have been affected by what Luke usually wore to school. The other two witnesses did not have this influence.
Is it just a huge coincidence that two independent observers, free from the influence of photographs in the press or having previously known Luke, saw him wearing a green baggy top down to the waist of his trousers, and is it the case that Elliot and Houston were correct, that Luke was wearing his bomber jacket? Add to that the further coincidence of Luke then buying a long green jacket on July 9th despite his mum stating that he had never previously owned any garment like that.
Or are Heatlie and Holburn correct and Luke was wearing a long, green, baggy top while waiting at the end of his street on June 30th, before changing back in to his green bomber jacket and meeting David High at the Abbey?
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