Nature of the Case
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Facts
D.S., a white female student enrolled at Rutgers University in New Brunswick, was watching television in her basement apartment. An African-American male entered the brightly-lit apartment and demanded money, claiming he was wanted for murder and needed funds to get to New York. D.S. told the intruder that she had no money, but he spotted her purse, rifled through it, and removed money and credit cards. The intruder then put his hand on D.S.'s leg, demanded she be quiet, and closed the window blinds. He led her by the arm into the brightly-lit kitchen and ordered her to remove her shorts. The intruder then vaginally penetrated D.S. from behind. Throughout the sexual assault, D.S. was facing the kitchen door with her eyes closed and her hand over her mouth to avoid crying loudly. Once the assault was over, D.S. faced her attacker who, after threatening her again, turned around and left the apartment. At the time of the second threat, D.S. was standing approximately two feet away from her assailant. The attacker made no attempt to conceal his face. D.S. immediately called the New Brunswick Police Department after the intruder left the apartment. D.S. described her assailant and his clothing in some detail. D.S. was taken to the hospital, where rape samples were taken. Seminal fluid and spermatozoa were recovered. Four days after the incident, a composite sketch was drawn of the intruder with D.S.'s assistance. The next day, D.S. was shown many slides and photographs, including a photograph of D, in an unsuccessful attempt to identify her assailant. Eight months later, D.S. saw an African-American male on the street in New Brunswick who she thought was her attacker. She studied the individual's face and gait as he passed. Believing the man was her attacker, she ran home and telephoned the police, giving them a description of the man she had just seen. D was picked up by the police and taken to headquarters almost immediately. Fifteen minutes later, D.S. viewed D in a 'show-up' and immediately identified him as the man she had just seen on the street and her attacker. D was arrested, and saliva and blood samples were taken for analysis. Because of the characteristics of D.S. and D's blood types and other factors, the genetic markers recovered in the rape kit could not be compared with D's. No forensic evidence linking D to the offenses was presented during the trial. D sought a cross-racial identification charge. The trial court denied the request, instead providing the jury with the Model Jury Charge on Identification. The jury convicted D of first-degree aggravated sexual assault and other crimes. The Appellate Division affirmed. D appealed.
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