04/24/08: Eyewitness-ID expert won't get to testify at trial

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BLOOMINGTON - An expert on eyewitness identification will not be allowed to testify at the rape trial of a former Bloomington police officer when the trial gets under way in two weeks, a judge ruled Thursday.

Jeff Pelo, 43, is accused of raping four women and stalking a fifth between 2002 and 2005. The former sergeant became a suspect in the sexual assault cases after he was stopped outside a woman's home after midnight on June 10, 2006.

Defense lawyer Michael Rosenblat argued that many factors can affect eyewitness identification of a suspect, including stress levels of the victims and suggestions by police that the suspect's photo may be in a lineup.

Judge Robert Freitag ruled in April that the Ohio expert, Solomon Fulero, could not testify unless the defense presented additional specific evidence that Fulero could offer relevant testimony in the case. Freitag said Thursday that an outline of Fulero's possible testimony fails to meet the court's criteria.

The outline "does not indicate that he (Fulero) has reviewed any evidence in the case or offers his opinion," said Freitag in denying the defense motion.

Mark Messman, the county's chief felony prosecutor, said the issue of eyewitness identification is an area more appropriate for a juror's common sense than a psychologist. Allowing an expert to talk about memory and what may be involved in identification could become "a battle of experts," said Messman.

The final pre-trial hearing puts jury selection on track to begin May 12. Rosenblat and prosecutors Messman and Sandra Thompson said they are ready to start what could be a four-week trial.

Shayla Pelo, one of three children of Rickielee and Jeff Pelo, told The Pantagraph on Thursday that patience and a strong belief in Pelo's innocence are keeping the family strong as the trial approaches.

"The thing that helps us is that we know who my Dad is. We know that the truth is going to come out," Pelo's daughter said before the hearing.

Pelo remains in jail in lieu of posting $100,000.

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