They can attack the eye witness testimony on those grounds. Of course if the witness is a cop (community hero!) or god forbid a girl scout delivering cookies,

They can attack the eye witness testimony on those grounds. Of course if the witness is a cop (community hero!) or god forbid a girl scout delivering cookies, then legitimately attacking the credibility of eye-witness accounts can put you in a very unsympathetic light before the jury. An attack on the poor recall abilities of homo-sapiens becomes warped into an attack on the character of a plainly honorable witness. Public understanding of even the basics of Bayesian thinking is abysmal.