Acid (originally aired November 30, 2005; last updated 12/1/05)
Following the suicide of Emily Newton, the daughter of a friend of Lt. Van Buren, detectives go after Jason Corley, who dated Newton and poured acid on her face. Newton's mother identifies Corley in a Wade lineup, but privately recants out of fear. Lt. Van Buren omits the recantation during a pre-trial hearing about the admissibility of the lineup, but then comes forward and admits her omission.
Given the dangers of witnesses misidentifying possible suspects, the United States Supreme Court has set forth some rules for such identification. One such rule from the 1967 case of United States v. Wade gives a defendant the right to notify and have the presence of a lawyer at a lineup conducted after the defendant has been indicted. This rule does not apply in cases such as the one in this episode, since Corley had not been indicted when the lineup occurred.
Pre-indictment lineups, such as the one in which Corley was identified, and other procedures for witness identification must meet standards of due process and fundamental fairness to be admissible.
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By Stephen Lee
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