07-31-08 State of New Jersey v. Cecilia X. Chen
A-4251-06T5
The admissibility of the identification evidence presented
at trial is the most significant issue raised on this appeal
from a conviction for attempted murder. The victim initially
identified the defendant under highly suggestive circumstances
that posed a significant risk of compromising the initial and
subsequent identifications. Law enforcement officers had no
role in creating, encouraging or permitting the highly
suggestive procedures utilized at the time of the initial
identification.
We conclude that when there is evidence that the highly
suggestive words or conduct of a private citizen pose a
significant risk of misidentification, a preliminary hearing on
admissibility of the identification is required. The holding is
based on the court's responsibility to ensure that evidence of
pre-trial identifications meet the standard for admission of
such evidence, N.J.R.E. 803, and the Court's authority to
exclude evidence of subsequent identifications that are of such
questionable reliability that the probative value is
substantially outweighed by the risk of prejudice and misleading
the jury, N.J.R.E. 403. See State v. Michaels, 136 N.J. 299,
316 (1994); State v. Williams, 39 N.J. 471, 489 (1963).
