Sure...
Representative FORD. Did you point him out with your hand?
Mr. WHALEY. No, sir; I did not. They asked me which number he was standing under and he was standing under No. 2.
So, the #3 guy he picked according to his affidavit was standing under #2 -- ROFL
There were 4 guys in the lineup: Whaley picked #2, which is 3rd from his (Whaley's) right as Whaley himself mentioned.
Mr. Whaley.
Yes, sir.
Mr. Belin.
You saw a lineup?
Mr. Whaley.
Yes, sir.
Mr. Belin.
Do you remember what number he was in the lineup at all?
Mr. WHALEY. There was four of them, sir, and from the right to the left, he was No. 3.
Mr. Belin.
Starting from the right to the left, from his right or your right.
Mr. Whaley.
From your right, sir, which would have been his left. There were numbers above their heads, sir.
Mr. Belin.
Mr. Whaley, what number did you say the man was in the lineup?
Mr. Whaley.
No. 2.
Mr. Belin.
From the right or from your right?
Mr. Whaley.
From my left.
Mr. Belin.
No. 2?
Mr. WHALEY. They brought out four of them and stood them up there, and he was under No. 2. I mentioned he was the third one that come out. There were four and all handcuffed together.
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In addition
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Representative FORD. Did the man you identified have any reaction when they brought the group out, did he have any reaction that you noticed at the time you identified him?
Mr. WHALEY. Only that he was the only one that had the bruise on his head, sir. The only one who acted surly. In other words, I told this Commission this morning you wouldn't have had to have known who it was to have picked him out by the way he acted. But he was the man that I carried in my taxicab. I told them when I identified him.
