Nature of the Case
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Facts
The victim testified at trial that a youth with a butcher knife grabbed her in the doorway to her kitchen. She could see him because he was right in the doorway and there was enough light from the bedroom shining through. When the victim screamed, her 12-year-old daughter came out of her bedroom and also began to scream. The assailant directed the victim to 'tell her [the daughter] to shut up, or I'll kill you both.' The victim was then walked at knifepoint about two blocks along a railroad track, taken into the woods, and raped there. She testified that 'the moon was shining brightly, full moon.' After the rape, the assailant ran off, and she returned home, the whole incident having taken between 15 minutes and half an hour. She gave the police 'only a very general description,' describing him as 'being fat and flabby with smooth skin, bushy hair and a youthful voice.' She testified at the habeas corpus hearing that she had described her assailant as being between 16 and 18 years old and between five feet ten inches and six feet tall, as weighing between 180 and 200 pounds, and as having a dark brown complexion. This testimony was substantially corroborated by that of a police officer who was testifying from his notes. On several occasions over the course of the next seven months, she viewed suspects in her home or at the police station, some in lineups and others in showups, and was shown between 30 and 40 photographs. On August 17, (7 months later) the police called her to the station to view D, who was being detained on another charge. Finding no fitting D's unusual physical description, they conducted a show up instead. Two detectives walked D past the victim. At the victim's request, the police directed D to say 'shut up, or I'll kill you.' The victim testified that she had 'no doubt' about her identification. D was convicted and eventually filed habeas corpus actions.
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