15 Mass. App. Ct. 941 | Mass. App. Ct. | 1983
1. Applying the independent source test approved in Commonwealth v. Botelho, 369 Mass. 860, 866-868 (1976), and Commonwealth v. Venios, 378 Mass. 24, 26-28, 30 (1979), the judge found that identifications of the defendant by the victim and a bystander who saw the two perpetrators (one of whom the bystander knew by name) fleeing from the scene of the crime were admissible despite suggestiveness which tainted pretrial photographic displays. Both the victim and the bystander had been shown large photographic arrays from which they separately selected several pictures as showing similarities. The bystander, having selected “four or five,” one of which was in fact a picture of the defendant, then pointed to one of the other pictures and described it as looking “most like the man I had seen”;
Judgments affirmed.