State v. Henderson and the New Model Jury Charges - New Jersey ...

a-8-08.opn.html
Pub. Safety, Attorney General Guidelines for Preparing and Conducting Photo
and Live Lineup Identification Procedures 1 (2001) (Attorney General
Guidelines or Guidelines). According to the Guidelines, discussed in detail
below, primary investigators should not administer photo or live lineup
identification procedures “to ensure that inadvertent verbal cues or body
language do not impact on a witness.” Ibid.
Ruiz and MacNair gave Weber an array consisting of seven “filler” photos and
one photo of defendant Henderson. The eight photos all depicted headshots of
African-American men between the ages of twenty-eight and thirty-five, with
short hair, goatees, and, according to Weber, similar facial features. At the
hearing, Weber was not asked whether he knew which photograph depicted the
suspect. (Later at trial, he said he did not know.)
The identification procedure took place in an interview room in the
Prosecutor’s Office. At first, Weber and Womble were alone in the room. Weber
began by reading the following instructions off a standard form:
In a moment, I will show you a number of
photographs one at a time. You may take as
much time as you need to look at each one of
them. You should not conclude that the person
who committed the crime is in the group merely
because a group of photographs is being shown
to you. The person who committed the crime
may or may not be in the group, and the mere
display of the photographs is not meant to
suggest that our office believes the person who
committed the crime is in one of the
photographs. You are absolutely not required to
choose any of the photographs, and you should
feel not obligated to choose any one. The
photographs will be shown to you in random
order. I am not in any way trying to influence
your decision by the order of the pictures
presented. Tell me immediately if you recognize
the person that committed the crime in one of
the photographs. All of the photographs will be
shown to you even if you select a photograph.
Please keep in mind that hairstyles, beards,
and mustaches are easily changed. People gain
and lose weight. Also, photographs do not
always show the true complexion of a person. It
may be lighter or darker than shown in the
photograph. If you select a photograph, please
do not ask me whether I agree with or support
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