Attorney for Appellant
Jerry T. Drook
Indianapolis, IN
Attorneys for Appellee
Steve Carter
Attorney General of Indiana
Christopher L. Lafuse
Deputy Attorney General
Indianapolis, IN
IN THE
INDIANA SUPREME COURT
TRUEDALE WILLIAMS,
Appellant (Defendant below),
v.
STATE OF INDIANA,
Appellee (Plaintiff below).
)
) Supreme Court No.
) 49S00-0012-CR-741
)
)
)
)
)
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APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Cale J. Bradford, Judge
Cause No. 49G03-9910-CF-173817
ON DIRECT APPEAL
September 11, 2002
SULLIVAN, Justice.
Defendant Truedale Williams was convicted of robbery causing serious
bodily injury for stealing another man’s wallet and then stabbing him. We
affirm his conviction over his claim that a photo array shown by the police
to the victim was unduly suggestive. We find there was little likelihood
of misidentification because the victim had ample opportunity to view his
attacker.
Background
The facts most favorable to the judgment indicate that on the evening
of October 3, 1999, the victim in this case was driving in the vicinity of
the Varsity Lounge Bar in Indianapolis. The victim spotted Defendant on
the street and began a conversation with him. This led to the victim
inviting Defendant home with him. On the way, the two discussed having
sex. After spending some time at the victim’s house, the victim became
uncomfortable with Defendant and decided to drive him home. Instead,
Defendant directed the victim to a residential street where he demanded the
victim’s wallet. Once the victim gave him the wallet, Defendant began
stabbing him. The victim suffered a collapsed lung. The police found a
fingerprint on the passenger side of the victim’s car and later identified
it as belonging to Defendant.
The victim was shown a photo array and asked whether he recognized
anyone. He immediately identified Defendant as his attacker.
Defendant was found guilty of robbery causing serious bodily injury,
a class A felony.[1] He also pleaded guilty to being a habitual offender.
The trial court sentenced Defendant to a total of 60 years incarceration—30
years for the robbery, enhanced by another 30 years for being a habitual
offender.
Discussion
Defendant contends that the photo array was impermissibly suggestive
and created a substantial likelihood of misidentification. The photo array
contained six color photographs. The backgrounds in the picture were gray
except for Defendant’s picture. The background in Defendant’s picture was
tinted light green.
The Due Process Clause of the Fourteenth Amendment requires
suppression of testimony concerning a pre-trial identification when the
procedure employed is impermissibly suggestive. Harris v. State, 716
N.E.2d 406, 410 (Ind. 1999); Parker v. State, 698 N.E.2d 737, 740 (Ind.
1998); James v. State, 613 N.E.2d 15, 27 (Ind. 1993). A photographic array
is impermissibly suggestive if it raises a substantial likelihood of
misidentification given the totality of the circumstances. Harris, 716
N.E.2d at 410.
A trial court considers certain factors to evaluate the likelihood of
a misidentification: (1) the opportunity of the witness to view the
criminal at the time of the crime; (2) the witness's degree of attention;
(3) the accuracy of the witness's prior description of the criminal; and
(4) the level of certainty demonstrated by the witness. James, 613 N.E.2d
at 27. If the pre-trial identification procedure was unduly suggestive,
then testimony relating to it is inadmissible. Farrell v. State, 622
N.E.2d 488, 493 (Ind. 1993).
Here the witness had ample opportunity to view the Defendant. This
was not a crime like a mugging or purse snatching where the victim gets
only a glance at the attacker. In this case, the victim spent an extended
period of time with Defendant prior to the crime. He spoke with Defendant
on the street and invited him home. At his home, the victim and Defendant
continued to speak and even touched each other. The victim then drove
Defendant to a residential neighborhood where the crime occurred. The
victim was shown the photo array nine days after the attack. Officer
Wallace testified that the victim immediately identified Defendant out of
the photo array.
There is no doubt here that the victim spent enough time with
Defendant to be able to identify him nine days later. Given the time that
the victim and Defendant spent together, it is unlikely that the green tint
of Defendant’s background would confuse the victim and cause him to
identify the wrong person. The trial court did not err by admitting the
photo array.
Conclusion
We affirm the judgment of the trial court.
SHEPHARD, C.J., and DICKSON, BOEHM, and RUCKER, JJ., concur.
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[1] Ind. Code § 35-42-5-1.