Previously on this blog, we discussed the various types of eyewitness identification evidence that may be presented in a criminal trial, as well as why the accuracy of this type of evidence should often be questioned and excluded from a criminal trial. Because eyewitness identification so commonly leads to wrongful conviction, the courts review the legitimacy of such evidence and reevaluate the standards that dictate when identification evidence should be admitted or excluded. The Massachusetts Supreme Judicial Court (SLC) recently issued a ruling in Commonwealth v. Crayton changing the law in our state regarding the admissibility of in-court witness identification, and the following is a brief overview of these new developments.
Background of the case
In this case, the defendant, Walter Crayton, faced charges of child pornography. Two middle school students had been at the public library and saw a man viewing images of naked or almost naked children on a library computer. They reported the man to a library employee and described him as “short, white, and bald, with a little beard and eyeglasses.” Though the employee did not personally see the man on the computer, he called the police the next time he saw a person fitting the description given by the students and the police subsequently arrested the defendant.
The two students were never asked by law enforcement to identify the defendant in a lineup or picture identification after the first and only time they saw him at the library. Two years later, however, at trial, the prosecutor put each of the students on the stand and asked them to identify the man from the library. Both students pointed out the defendant and the defendant was later convicted of child pornography.
Changes in the law
On appeal, the SJC ruled that, if no identification took place pre-trial, any subsequent in-court identification will be treated like a showup. As discussed in Part One of this blog, a showup occurs when a witness is brought to the scene of the crime or location where the suspect was apprehended and asked to identify the suspect. A showup is inherently suggestive since the suspect is alone, with no decoys, and is usually in handcuffs. For this reason, courts have ruled that evidence of a showup identification is only admitted when there is “good reason” to use that type of identification method instead of a more reliable method.
The SJC noted that in-court identifications may be just as suggestive, if not more so, than showups since the witness may assume that the prosecutor and police have completed sufficient investigation to believe that the defendant is the correct perpetrator. For this reason, if there was no pre-trial identification on which to base an in-court ID, the in-court identification should be treated as a showup and should only be admitted when there is “good reason” demonstrated to use this type of evidence.
Contact an experienced Boston criminal defense lawyer for assistance
If you are facing any type of criminal charges, you always want to make sure you are represented by an attorney who has a thorough understanding of Massachusetts criminal laws, including any new changes or developments issued by the courts or legislature. Please do not hesitate to call the law office of Edward R. Molari at (617) 942-1532 to discuss how we can help you today.