In many instances in which people are assaulted, they do not know their attackers. As such, they will typically have to identify the assailant through other means. There is a high risk of unreliable results with many types of identification methods, however. Thus, the New Jersey courts have developed strict parameters for when out of court identifications of criminal defendants may be admitted into evidence at trial. The test for determining such admissibility was discussed in a recent New Jersey case in which the defendant was charged with robbery. If you are accused of a crime, you may be able to have the State’s evidence against you precluded at trial, and you should speak to a trusted New Jersey criminal defense attorney as soon as possible.
Facts of the Case
It is reported that the victim was assaulted by three men while he was leaving a convenience store. One of the men pointed a gun at the victim and took his cellphone. Five days after the attack, the victim went to the police station. Detectives showed him pictures of several suspects, including the defendant, but the victim could not identify his attackers. He was then shown surveillance video from a nearby store and identified his attacker.
Allegedly, the victim then advised that he could identify his attacker in the pictures he was shown earlier but declined to do so out of fear of retaliation. He identified the defendant, and after an investigation, the defendant was charged with robbery, conspiracy, and unlawful possession of a weapon. The defendant was convicted, after which he appealed on several grounds, including the assertion that the police used inappropriately suggestive methods to obtain the victim’s identification of the defendant.