ELDRIDGE HAWKINS, II VS. ROBERT D. PARISI (L-1665-11, ESSEX COUNTY AND STATEWIDE)
A-2569-14T2
N.J. Super. App. Div. UJun 7, 2017Background
- Victim J.G., 17, was robbed of his school iPad on May 2, 2014; he immediately recognized one assailant as a former classmate but did not know his name.
- At school, staff (vice-principal Jilus and security guard Mendo) questioned students; leads identified the nickname “Loco” and a current student (T.H.) who had greeted the robber.
- Mendo showed J.G. a school photo binder and, after flipping to a page, showed only I.P.’s student ID; J.G. immediately and confidently identified I.P. then reaffirmed the ID to police.
- I.P. moved to suppress the out-of-court ID as impermissibly suggestive; the trial court held a Wade hearing, denied suppression, and later adjudicated I.P. delinquent for conduct equivalent to second-degree robbery.
- I.P. presented an alibi (mother and sister) and disputed hairstyle/identity; court found State witnesses credible, discounted alibi and credibility of family testimony, and sentenced I.P. to 12 months probation with program conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of out-of-court identification | School officials’ showing of a single photo was impermissibly suggestive and tainted ID; police later compounded error by using the same photo | Identification was performed by private school staff (not government actors) and was not so suggestive or unreliable to require suppression; Wade/Henderson factors support reliability | Court denied suppression: school actors not treated as government for this purpose, and reliability analysis under Henderson supported admissibility |
| Sufficiency/weight of evidence for delinquency adjudication | Identification was central and tainted; alibi and lack of corroboration undermine verdict—new trial or reversal required | Eyewitness ID was strong (immediate, certain, prior familiarity) and corroborated by T.H.; alibi witnesses lacked credibility and motive to lie | Court found evidence credible and sufficient; adjudication affirmed |
Key Cases Cited
- United States v. Wade, 388 U.S. 218 (Wade suppression framework)
- State v. Henderson, 208 N.J. 208 (New Jersey test for evaluating reliability of identifications)
- State v. Chen, 208 N.J. 307 (identification evidence and police/conduct issues)
- State v. Herrera, 187 N.J. 493 (prior familiarity as a factor supporting reliability of identification)