This version of the lineup is an attempt to use brightness and contrast to lighten the photographs and to show more detail. By rearranging them into a portrait format, the photographs can also be slightly enlarged.

 

          Now, how well did the driver witnesses do? Only two of those witnesses made any identification at all. After viewing the lineup, Dr. Robert Brusie, the veterinarian that passed the muffler shop driveway at 9:30 PM and saw a police officer wearing a white shirt in the patrol car with its dome light on, made an identification by stating: “Its either 1 or 3.” Of course Dr. Brusie had met Chapel only weeks before when Chapel answered a “horse down” call and shot the animal where Dr. Brusie indicated. Brusie would not remember the incident until at trial 2 ˝ years later when he was reminded of it.

 

          Witness Karl Kautter, who was a passenger in the car that was passed by a patrol car a few hundred feet north of the driveway, at first identified photograph 1. He then changed his mind by saying: “No, he’s too tall,” and then identified photograph 3.