U.S. v. Gonzalez

In prosecution on bank robbery charge, Dist. Ct. did not commit reversible error in allowing bank teller to identify defendant as culprit, even though police used suggestive identification procedures when initially asking teller if photos of only one individual was actual individual who had robbed bank. Record showed that police had shown teller only photographs of defendant based on hunch of one police officer, and subsequent 6-person photo display containing defendant’s photograph was also suggestive, since four of six photos did not match description of culprit, and defendant’s photo was clearest and brightest on page. However, bank teller’s identification of defendant was still reliable under totality of circumstances given: (1) her proximity to culprit during bank robbery; (2) confident nature of her identification of defendant as culprit; and (3) her written description of culprit done shortly after robbery that essentially matched defendant’s physical characteristics. Moreover, other witnesses who observed bank’s tape of incident identified defendant as culprit, and defendant was in area of bank at time of incident. Also, defendant’s explanation regarding his whereabouts at time of robbery seemed implausible.