Justice William Kelly
The court reopened a Wade hearing to decide if identification was merely confirmatory. Prosecutors presented the testimony of victim Mijangos. The court considered Williams' motion to present an identification expert at trial. Mijangos testified she was stabbed multiple times after being attacked from behind, and subsequently was able to see her attacker, whom she recognized. Mijangos stated she knew Williams approximately seven years ago and they "hung out." She identified Williams as her attacker after being shown a single photograph of him. The court stated an identification based on the viewing of a single photograph must be merely confirmatory, based on the eyewitnesses' prior familiarity with Williams, to overcome the suggestiveness of the procedure employed. It stated based on Mijangos' prior relationship and familiarity with Williams, it was clear the identification from a single picture was merely confirmatory. Therefore, the court concluded Mijangos may make an in court identification during trial. The Court of Appeals established an exception to the general rule in cases where identification by the single eyewitness was confirmatory, and this case fell squarely within the rule in People v. Mohammad. Thus, Williams' motion was denied.
