Robert Simpson - Cook County State's Attorney

individually escorted from the lobby area of the police station to an office adjoining the roomcontaining the five men participating in the lineup. (R. 600, 601, 603, 605, 607, 608) Next, thewitness viewed the lineup through a glass window separating the two rooms and attempted to makean identification. (R. 600) After viewing the lineup, the witness was escorted into a separate office,away from the witnesses waiting in the lobby who had yet to view the lineup. (R. 602-603, 605, 606-607, 608) Before each new witness viewed the lineup, Sergeant DiMare advised defendant that hecould elect to change his position in the lineup and that he had the right to have an attorney present.(R. 604, 606, 607, 608-609) Each time, however, defendant elected to remain in the third positionand declined to have an attorney present. (R. 604, 606, 607, 608-609) All five witnesses who viewedthe lineup identified defendant. (R. 602, 605, 606, 608, 609) Sergeant DiMare testified that, to hisknowledge, none of the witnesses had been shown photographs of defendant, had seen his likeness ontelevision or in the media, or seen him in a one-on-one show up prior to their viewing the lineup. (R.614-615) Sergeant DiMare further testified that neither he nor any other officer ever suggested to anyof the witnesses whom they should identify in the lineup. (R. 615)The lineup photograph was introduced into evidence at the hearing. (R. 693, S.R. Vol. 1)Referring to a lineup report he had previously filled out, Sergeant DiMare testified as to the physicalcharacteristics of the men portrayed in the photograph. (R. 609-612) According to the informationlisted in the lineup report, the men ranged in height from five-foot-nine to six-foot-one and in weightfrom 144 to 225 pounds. (R. 609-612) Defendant himself stood five-feet-eleven inches tall andweighed 179 pounds. (R. 611-612)The parties stipulated that if the witnesses listed in certain police reports were called totestify at the hearing, they would testify consistently with those reports. (R. 649-650, 687) The first10