Faulty Facial Recognition Software Leads to Wrongful Arrest and Imprisonment
HARRIS COUNTY, Texas (KTRK) — In a recently filed civil lawsuit, attorneys shed light on how a flawed facial recognition software resulted in the wrongful arrest and imprisonment of Harvey Murphy Jr., a 61-year-old man.
The Emotional Toll
“He is very scared, upset, and traumatized by everything that happened,” expressed Attorney Daniel Dutko.
The Allegations
According to the 11-page lawsuit, Murphy was falsely accused of robbing a Sunglass Hut in the Houston area.
The Role of Facial Recognition Software
The lawsuit outlines that the head of loss prevention for EssilorLuxottica, the parent company of Sunglass Hut, collaborated with Macy’s and utilized artificial intelligence-powered facial recognition software to identify Murphy as the suspect.
Dutko revealed that these companies promptly informed the police, effectively halting their investigation with the assurance that they had apprehended the culprit.
Misidentification and Arrest
Based on the information provided by the software, a photo lineup was conducted, during which an employee working at the time of the robbery identified Murphy as the perpetrator. Consequently, an arrest warrant was issued.
Murphy’s lawyers clarified that he was residing in California when the alleged crime took place. However, upon his return to Texas to renew his license, he was arrested.
An Alibi Unearthed
It was only after Murphy had been incarcerated that prosecutors discovered his alibi, confirming that he was in jail in California at the time of the robbery. Consequently, he was released from custody.
Additional Harms
During his brief stint in the Harris County Jail, Murphy’s lawyers assert that he was subjected to sexual assault.
No Comment from Macy’s and EssilorLuxottica
Macy’s declined to comment on the ongoing litigation, while EssilorLuxottica did not respond to ABC13’s request for a statement.
The Importance of Software Parameters
“The issue is, what software are they using and what are the parameters?” questioned Dutko, highlighting the need for scrutiny regarding the technology employed.
