Troy Webb

• Eyewitness
• Forensic Evidence

• Serology

• Invalid

Webb was a nonsecretor and the rape kit swabs exhibited an A type that could not have come from victim. Yet Webb was not excluded and was said to be included in the 20% of the population who are non-secretors. The analyst testified that “it’s a possibility because I stated you have to have two or more seminal fluids present in that mixture. If that is indeed true, then, yes. There’s one possibility a non-secretor can be present. Definitely an A secretor is present because we found A which is foreign to the victim.” See Part II.A.1 for a description of the problem of masking and non-quantification and discussion of similar cases.

• Cross Racial Identification
• Victim

Yes● Suggestive line-up – only four of the photos matched description regarding age of culprit ● Second photo array conducted, with an older photo of the defendant in the second array, the only photo repeated

Detective testified that two of six photos in array “don’t meet the age description.”

Yes● Initially uncertain

“Well, as best I canrecall, I asked her something about a hundred percent. She nodded, no, she couldn’t be one hundred percent. I said, well, ninetynine? And she said, yes. Whether she said ninety-nine first, I don’t know; but I think I suggested it as a way of working down from a hundred percent sure.”

• Jury Selection

Webb v. Com., 397 S.E.2d 539,(Va. App. 1990)