When asked about her level of certainty, the woman repeated her indication from the photo array, “At the time, on a scale of one to, I said that I was seven or eight.” Id. at 458. Id. at 458.įive months after the crime, at the juvenile delinquency trial for one of the accused robbers, the woman testified that the juvenile on trial was one of the robbers she had identified from the photos. She was “very certain” about two of the suspects, which she expressed meant a “seven or eight” on a scale of one to ten. About a month later, she was shown photos and identified four suspects. Later that same evening, however, when the police conducted a show-up by having her view suspects, she was certain the show-up suspects were not the robbers. The woman saw the young men because the street was well-lit but could only provide generalized descriptions of their race and clothing. All of a sudden, three young men she had never seen before, all African-American, surrounded her, pushed her down, and said, “Shut up, bitch.” They menaced her with a rifle-shaped piece of wood, stole her purse, and were gone as soon as they had come upon her. Just after midnight on a warm summer night, a Caucasian woman was walking alone on the streets of Washington, D.C.
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